(a)        A dissolved LLC for which articles of dissolution, a certificate of dissolution, or a decree of dissolution filed by the Secretary of State has become effective may dispose of known claims against it by notifying claimants in writing of the dissolution. The notice must do the following:

(1)        Describe information that must be included in a claim.

(2)        Provide an address where claims may be sent.

(3)        State the deadline, which may not be fewer than 120 days from the date of the notice, by which the dissolved LLC must receive the claim.

(4)        State that the claim will be barred if not received by the deadline.

(b)        A claim against the dissolved LLC is barred if either of the following occurs:

(1)        The LLC does not receive the claim by the deadline from a claimant who received notice under subsection (a) of this section.

(2)        A claimant whose claim was rejected by written notice from the dissolved LLC does not commence a proceeding in a proper forum to enforce the claim within 90 days from the date of receipt of the rejection notice.

(c)        For purposes of this section, “claim” does not include a contingent liability or a claim based on an event occurring after dissolution. ?(2013-157, s. 2.)

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Terms Used In North Carolina General Statutes 57D-6-10

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3