North Carolina General Statutes 57D-6-11. Unknown and certain other claims against dissolved LLC
(a) A dissolved LLC for which articles of dissolution, a certificate of dissolution, or a decree of dissolution filed by the Secretary of State has become effective may publish notice of its dissolution and request that persons with claims against the LLC present them in accordance with the notice. The notice must meet the following requirements:
(1) Be published one time in a newspaper of general circulation in the county in this State where the LLC’s principal office is or was last located, or, if the LLC never had a principal office in this State, the county in this State where the LLC’s registered office is or was last located.
Terms Used In North Carolina General Statutes 57D-6-11
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Describe the information that must be included in a claim and provide an address where the claim may be sent.
(3) State that a claim against the LLC will be barred unless a proceeding to enforce the claim is commenced in a proper forum within five years after the publication of the notice.
(b) If the dissolved LLC publishes a newspaper notice in accordance with subsection (a) of this section, the claim of each of the following claimants is barred unless the claimant commences a proceeding in a proper forum to enforce the claim against the dissolved LLC within five years after the publication date of the newspaper notice:
(1) A claimant who did not receive written notice under N.C. Gen. Stat. § 57D-6-10.
(2) A claimant whose claim was timely sent to the dissolved LLC but not acted on.
(3) A claimant whose claim is contingent or based on an event occurring after the effective date of the filing by the Secretary of State of the articles of dissolution. (2013-157, s. 2.)