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Ark. Code Ann. § 4-27-1407

Unknown claims against dissolved corporation

Known as the Arkansas Business Corporation Act

The act spans §§ 4–4 (323 sections).

Applied in 1 court decision — leading case Smith v. Mountain Pine Timber, Inc. (2016)

Most recently applied in Smith v. Mountain Pine Timber, Inc. (April 2016)

Acts 1987, No. 958, § 64-1407; 1987 (1st Ex

(1) A dissolved corporation may also publish notice of its dissolution and request that persons with claims against the corporation present them in accordance with the notice.

(2) The notice must: be published one (1) time in a newspaper of general circulation in the county where the dissolved corporation's principal office is or was last located or in a newspaper of general circulation in Pulaski County if the corporation did not have a principal office in this state;

(3) describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and

(4) state that a claim against the corporation will be barred unless a proceeding to enforce the claim is commenced within five (5) years after the publication of the notice.

(5) If the dissolved corporation publishes a newspaper notice in accordance with subsection (b) of this section, the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within five (5) years after the publication date of the newspaper notice: a claimant who did not receive written notice under § 4-27-1406;

(6) a claimant whose claim was timely sent to the dissolved corporation but not acted on;

(7) a claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.

(8) A claim may be enforced under this section: against the dissolved corporation, to the extent of its undistributed assets; or

(9) if the assets have been distributed in liquidation, against a shareholder of the dissolved corporation to the extent of his pro rata share of the claim or the corporate assets distributed to him 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 him.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.