§ 55A-14-08. Unknown and certain other claims against dissolved corporation. - North Carolina Statutes

§55A‑14‑08.  Unknown and certain other claims against dissolvedcorporation.

(a)        A dissolvedcorporation may also publish notice of its dissolution and request that personswith claims against the corporation present them in accordance with the notice.

(b)        The notice shall:

(1)        Be published onetime in a newspaper of general circulation in the county where the dissolvedcorporation's principal office (or, if there is none in this State, itsregistered office) is or was last located;

(2)        Describe the informationthat shall be included in a claim and provide a mailing address where the claimmay be sent; and

(3)        State that a claimagainst the corporation will be barred unless a proceeding to enforce the claimis commenced within five years after the publication of the notice.

(c)        If the dissolvedcorporation publishes a newspaper notice in accordance with subsection (b) ofthis section, the claim of each of the following claimants is barred unless theclaimant commences a proceeding to enforce the claim against the dissolvedcorporation within five years after the publication date of the newspapernotice:

(1)        A claimant who didnot receive written notice under G.S. 55A‑14‑07;

(2)        A claimant whoseclaim was timely sent to the dissolved corporation but not acted on;

(3)        A claimant whoseclaim is contingent or based on an event occurring after the effective date ofdissolution.

(d)        Nothing in thissection shall bar:

(1)        Any claim allegingthe liability of the corporation; or

(2)        Any proceeding oraction to establish the liability of the corporation; or

(3)        The recovery on anyjudgment against the corporation

to the extent that thecorporation is protected by insurance coverage with respect to such claim,proceeding, or judgment. (1955, c. 1230; 1973, c. 314, s. 5; 1985 (Reg. Sess.,1986), c. 801, s. 41; 1993, c. 398, s. 1.)