The dissolution of a corporation in any manner, except by a decree of the superior court when the court has supervised the liquidation of the assets and business of the corporation as provided in Code Sections 14-3-1430 and 14-3-1433, shall not take away or impair any remedy available to such corporation, its directors, officers, or members for any right or claim existing prior to such dissolution if an action or other proceeding thereon is pending on the date of such dissolution or is commenced within two years after the date of such dissolution. Any such action or proceeding by the corporation may be prosecuted by the corporation in its corporate name. The members, directors, and officers shall have the power to take such corporate or other action as shall be appropriate to protect such remedy, right, or claim.
History. Code 1981, § 14-3-1409.1 , enacted by Ga. L. 2004, p. 508, § 58; Ga. L. 2010, p. 878, § 14/HB 1387.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2004, “corporate” was substituted for “corporation” in the third sentence.
Structure Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 3 - Nonprofit Corporations
Part 1 - Voluntary Dissolution
§ 14-3-1401. Dissolution by Incorporators or Initial Directors
§ 14-3-1402. Proposal of Dissolution and Approval Thereof
§ 14-3-1403. Plan of Dissolution
§ 14-3-1404. Notice of Intent to Dissolve
§ 14-3-1404.1. Publication of Notice of Intent to Dissolve
§ 14-3-1405. Revocation of Dissolution Proceedings
§ 14-3-1406. Effect of Notice of Intent to Dissolve
§ 14-3-1407. Disposition of Known Claims Against Corporation
§ 14-3-1408. Request for Presentation of Claims; Enforcement of Claims; When Claims Barred
§ 14-3-1409. Articles of Dissolution
§ 14-3-1409.1. Claims Pending Prior to Dissolution of a Corporation
§ 14-3-1410. Revival of Corporation After Dissolution by Expiration of Period of Duration