55A-14-09. Enforcement of claims.
(a) A claim under G.S. 55A-14-07 or G.S. 55A-14-08 may be enforced:
(1) Against the dissolved corporation, to the extent of its undistributed assets, including coverage under any applicable insurance policy, or
(2) If the assets have been distributed in liquidation, against any person, other than a creditor of the corporation, to whom the corporation distributed its property to the extent of the distributee's pro rata share of the claim or the corporate assets distributed to such person in liquidation, whichever is less, but the distributee's total liability for all claims under this section shall not exceed the total amount of assets distributed to the distributee.
(b) Nothing in G.S. 55A-14-07 or G.S. 55A-14-08 shall extend any applicable period of limitation. (1985 (Reg. Sess., 1986), c. 801, s. 33; 1993, c. 398, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 55A - North Carolina Nonprofit Corporation Act
§ 55A-14-01 - Dissolution by incorporators or directors prior to commencement of activities.
§ 55A-14-02 - Dissolution by directors, members, and third persons.
§ 55A-14-03 - Plan of dissolution.
§ 55A-14-04 - Articles of dissolution.
§ 55A-14-05 - Revocation of dissolution.
§ 55A-14-06 - Effect of dissolution.
§ 55A-14-07 - Known claims against dissolved corporation.
§ 55A-14-08 - Unknown and certain other claims against dissolved corporation.
§ 55A-14-09 - Enforcement of claims.
§ 55A-14-20 - Grounds for administrative dissolution.
§ 55A-14-21 - Procedure for and effect of administrative dissolution.
§ 55A-14-22 - Reinstatement following administrative dissolution.
§ 55A-14-23 - Appeal from denial of reinstatement.
§ 55A-14-24 - Inapplicability of Administrative Procedure Act.
§ 55A-14-30 - Grounds for judicial dissolution.
§ 55A-14-31 - Procedure for judicial dissolution.
§ 55A-14-33 - Decree of dissolution.
§ 55A-14-40 - Disposition of amounts due to unavailable members and creditors.