§1110. Deposit with Treasurer of State of undistributed assets
1. Distributive portions not received. Upon the voluntary or involuntary dissolution of a corporation, the portion of the assets distributable to any person who is unknown or cannot be found, or who is under disability and for whom there is no person legally competent to receive such distributive portion, or who fails or refuses to accept his distribution, shall be reduced to cash and deposited with the Treasurer of State, along with a statement setting forth the name, last known address, amount due to and other pertinent information concerning each such distributee.
[PL 1977, c. 525, §13 (NEW).]
2. Deposit with Treasurer of State. A deposit with the Treasurer of State must, to the extent of the deposit, absolutely discharge the persons having control and supervision over the distribution of the corporation's assets from liability to the unknown, unlocated, legally disabled or nonaccepting persons. If the dissolution is under the supervision of the Superior Court pursuant to section 1105, the deposit may not be made with the Treasurer of State, except pursuant to order of the court, on terms as the court may order.
[PL 2001, c. 550, Pt. C, §26 (AMD); PL 2001, c. 550, Pt. C, §29 (AFF).]
3. Proof required. The Treasurer of State shall pay over such sums deposited with him to the person entitled thereto, or to his legal representative, upon proof satisfactory to the Treasurer of State of his right thereto.
[PL 1977, c. 525, §13 (NEW).]
4. Civil action. If the Treasurer of State is not satisfied as to the right of any claimant to such funds, the claimant may bring a civil action in the Superior Court against the Treasurer of State; if the court is satisfied as to the claimant's right to the funds, it shall issue an order directing the Treasurer of State to pay the same to such claimant. Such action may not be brought after the expiration of 20 years from the time of deposit of such funds with the Treasurer of State. At the end of such 20-year period, any such funds remaining in the State Treasury shall escheat to the State. Any income earned on such funds shall be paid into the General Fund as compensation for administration.
[PL 1977, c. 525, §13 (NEW).]
SECTION HISTORY
PL 1977, c. 525, §13 (NEW). PL 2001, c. 550, §C26 (AMD). PL 2001, c. 550, §C29 (AFF).
Structure Maine Revised Statutes
TITLE 13-B: MAINE NONPROFIT CORPORATION ACT
13-B §1101. Voluntary dissolution
13-B §1101-A. Voluntary dissolution by incorporators
13-B §1102. Revocation of voluntary dissolution proceedings
13-B §1103. Effect of statement of revocation of voluntary dissolution proceedings
13-B §1104. Articles of dissolution
13-B §1104-A. Bylaws; disposal of assets
13-B §1105. Dissolution pursuant to court order
13-B §1106. Procedure in liquidation of corporation by court
13-B §1107. Filing of claims in liquidation proceedings
13-B §1108. Discontinuance of liquidation proceedings
13-B §1109. Decree of dissolution
13-B §1110. Deposit with Treasurer of State of undistributed assets
13-B §1111. Survival of remedy after dissolution; liquidating trustees
13-B §1112. Grounds for administrative dissolution
13-B §1113. Procedure for and effect of administrative dissolution
13-B §1114. Reinstatement following administrative dissolution
13-B §1115. Appeal from denial of reinstatement
13-B §1116. Reinstatement of suspended corporate charter
13-B §1117. Revival of nonprofit corporation after dissolution
13-B §1118. Late reinstatement of nonprofit corporation after administrative dissolution