55-14-08. Enforcement of claims.
(a) A claim under G.S. 55-14-06 or G.S. 55-14-07 may be enforced:
(1) Against the dissolved corporation, to the extent of its undistributed assets, including coverage under any applicable insurance policy, or
(2) Except as provided in G.S. 55-14-09(d), if the assets have been distributed in liquidation, against a shareholder of the dissolved corporation to the extent of the shareholder's pro rata share of the claim or the corporate assets distributed to the shareholder 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 the shareholder.
(b) Nothing in G.S. 55-14-06 or G.S. 55-14-07 shall extend any applicable period of limitation. (1955, c. 1371, s. 1; 1973, c. 469, ss. 39, 40; 1989, c. 265, s. 1; 2005-268, s. 32.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 55 - North Carolina Business Corporation Act
§ 55-14-01 - Dissolution by incorporators or directors.
§ 55-14-02 - Dissolution by board of directors and shareholders.
§ 55-14-03 - Articles of dissolution.
§ 55-14-04 - Revocation of dissolution.
§ 55-14-05 - Effect of dissolution.
§ 55-14-06 - Known claims against dissolved corporation.
§ 55-14-07 - Unknown and certain other claims against dissolved corporation.
§ 55-14-08 - Enforcement of claims.
§ 55-14-09 - Court proceedings.
§ 55-14-20 - Grounds for administrative dissolution.
§ 55-14-21 - Procedure for and effect of administrative dissolution.
§ 55-14-22 - Reinstatement following administrative dissolution.
§ 55-14-23 - Appeal from denial of reinstatement.
§ 55-14-24 - Inapplicability of Administrative Procedure Act.
§ 55-14-30 - Grounds for judicial dissolution.
§ 55-14-31 - Procedure for judicial dissolution.
§ 55-14-33 - Decree of dissolution.
§ 55-14-40 - Disposition of amounts due to unavailable shareholders and creditors.