§ 55-14-09. Court proceedings. - North Carolina Statutes

§ 55‑14‑09.  Courtproceedings.

(a)        A dissolvedcorporation that has published a notice under G.S. 55‑14‑07 mayfile an application with the superior court of the county where the dissolvedcorporation's principal office, or its registered office if the corporationdoes not have a principal office in this State, is located for a determinationof the amount and form of security to be provided for payments of claims thatare contingent or have not been made known to the dissolved corporation or thatare based on an event occurring after the effective date of dissolution butthat, based on the facts known to the dissolved corporation, are reasonablyestimated to arise after the effective date of dissolution. Provisions need notbe made for any claim that is or is reasonably anticipated to be barred underG.S. 55‑14‑07(c).

(b)        Within 10 daysafter the filing of the application, notice of the proceeding shall be given bythe dissolved corporation to each claimant holding a contingent claim whosecontingent claim is shown on the records of the dissolved corporation.

(c)        The court mayappoint a guardian ad litem to represent all claimants whose identities areunknown in any proceeding brought under this section. The reasonable fees andexpenses of the guardian, including all reasonable expert witness fees, shallbe paid by the dissolved corporation.

(d)        Provision by thedissolved corporation for security in the amount and the form ordered by thecourt under subsection (a) of this section shall satisfy the dissolved corporation'sobligations with respect to claims that are contingent, have not been madeknown to the dissolved corporation, or are based on an event occurring afterthe effective date of dissolution, and the claims shall not be enforced againsta shareholder who received assets in liquidation. (2005‑268, s. 33.)