Title 13-C: MAINE BUSINESS CORPORATION ACT HEADING: PL 2001, C. 640, PT. A, §2 (NEW); PT. B, §7 (AFF)
Chapter 14: DISSOLUTION HEADING: PL 2001, C. 640, PT. A, §2 (NEW); PT. B, §7 (AFF)
Subchapter 1: VOLUNTARY DISSOLUTION HEADING: PL 2001, C. 640, PT. A, §2 (NEW); PT. B, §7 (AFF)
§1409. Court proceedings
1.Security provided for payment of claim.
A dissolved corporation that has published a notice under section 1408 may file an application with the Superior Court of
the county where the dissolved corporation's principal office is located or, if not in this State, of Kennebec County, for a determination of the amount and form of security to be provided for payment of claims that are contingent or have not
been made known to the dissolved corporation or that are based on an event occurring after the effective date of dissolution
but that, based on the facts known to the dissolved corporation, are reasonably estimated to arise after the effective date
of dissolution. Provision need not be made for any claim that is or is reasonably anticipated to be barred under section
1408, subsection 3.
[
2007, c. 323, Pt. C, §19 (AMD);
2007, c. 323, Pt. G, §4 (AFF)
.]
2.Notice to claimant.
Within 10 days after the filing of the application under subsection 1, notice of the proceeding must be given by the dissolved
corporation to each claimant holding a contingent claim whose contingent claim is shown on the records of the dissolved corporation.
[
2001, c. 640, Pt. A, §2 (NEW);
2001, c. 640, Pt. B, §7 (AFF)
.]
3.Guardian ad litem.
The court may appoint a guardian ad litem to represent all claimants whose identities are unknown in any proceeding brought
under this section. The reasonable fees and expenses of the guardian ad litem, including all reasonable expert witness fees,
must be paid by the dissolved corporation.
[
2001, c. 640, Pt. A, §2 (NEW);
2001, c. 640, Pt. B, §7 (AFF)
.]
4.Satisfaction of obligations.
Provision by the dissolved corporation for security in the amount and the form ordered by the court under subsection 1 satisfies
the dissolved corporation's obligations with respect to claims that are contingent, have not been made known to the dissolved
corporation or are based on an event occurring after the effective date of dissolution, and such claims may not be enforced
against a shareholder who received assets in liquidation.
[
2001, c. 640, Pt. A, §2 (NEW);
2001, c. 640, Pt. B, §7 (AFF)
.]
SECTION HISTORY
2001, c. 640, §A2 (NEW).
2001, c. 640, §B7 (AFF).
2007, c. 323, Pt. C, §19 (AMD).
2007, c. 323, Pt. G, §4 (AFF).
Data for this page extracted on 10/16/2012 08:26:51.