15-2-160. UNKNOWN CLAIMS AGAINST DISSOLVED CORPORATION.

  1. A dissolved corporation may also publish notice of its dissolution and request that persons with claims against the corporation present them in accordance with the notice.
  2. The notice must:
    1. Be published one time in a newspaper of general circulation in the county where the dissolved corporation’s principal office is or was last located, and in newspaper of general circulation on the Reservation;
    2. Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and
    3. State that a claim against the corporation will be barred unless a proceeding to enforce the claim is commenced within two years after the publication of the notice.
  3. If the dissolved corporation publishes a newspaper notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two years after the publication date of the newspaper notice:
    1. A claimant who did not receive written notice under Section 159;
    2. A claimant whose claim was timely sent to the dissolved corporation but not acted on;
    3. A claimant whose claims is contingent or based on an event occurring after the effective date of dissolution.
  4. A claim may be enforced under this section:
    1. Against the dissolved corporation, to the extent of its undistributed assets; or
    2. If the assets have been distributed in liquidation, against a shareholder of the dissolved corporation to the extent of his prorate share of the claim or the corporate assets, distributed to him in liquidation, whichever is less, but a shareholder’s total liability for all claims under this section may not exceed the total amount of assets distributed to him.
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