North Carolina General Statutes 55A-14-09. Enforcement of claims
(a) A claim under N.C. Gen. Stat. § 55A-14-07 or N.C. Gen. Stat. § 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
Terms Used In North Carolina General Statutes 55A-14-09
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(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 N.C. Gen. Stat. § 55A-14-07 or N.C. Gen. Stat. § 55A-14-08 shall extend any applicable period of limitation. (1985 (Reg. Sess., 1986), c. 801, s. 33; 1993, c. 398, s. 1.)