Washington Code 24.03A.922 – Enforcement of claims
Current as of: 2023 | Check for updates
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A claim that is not barred by RCW 24.03A.918(4) or 24.03A.920(3) may be enforced:
Terms Used In Washington Code 24.03A.922
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(1) Against the dissolved nonprofit corporation, to the extent of its undistributed assets; or
(2) Except as provided in RCW 24.03A.924(4), if the assets have been distributed in liquidation, against any person, other than a creditor of the dissolved corporation, to whom the corporation distributed its property, subject to the following restrictions:
(a) Recovery is limited to the amount of the distributee’s pro rata share of the claim or the corporate assets distributed to the distributee in liquidation, whichever is less;
(b) A distributee’s total liability for all claims under this section may not exceed the total amount of assets distributed to the distributee; and
(c) A distributee is only liable to the extent permitted by existing common law or statutory remedies, and nothing in this section creates a separate cause of action against a distributee.
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.