2009 Hawaii Code
Volume 08
TITLE 23A - OTHER BUSINESS ENTITIES]
CHAPTER 428 - UNIFORM LIMITED LIABILITY COMPANY ACT
§428-807 - Known claims against dissolved limited liability company.

     §428-807  Known claims against dissolved limited liability company.  (a)  A dissolved limited liability company may dispose of the known claims against it by following the procedure described in this section.

     (b)  A dissolved limited liability company shall notify its known claimants in writing of the intent to terminate.  The notice shall:

     (1)  Specify the information required to be included in a claim;

     (2)  Provide a mailing address where the claim is to be sent;

     (3)  State the deadline for receipt of the claim, which may not be less than one hundred twenty days after the date the written notice is received by the claimant; and

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

     (c)  A claim against a dissolved limited liability company is barred if the requirements of subsection (b) are met, and:

     (1)  The claim is not received by the specified deadline; or

     (2)  In the case of a claim that is timely received but rejected by the dissolved company, the claimant does not commence a proceeding to enforce the claim within ninety days after the receipt of the notice of the rejection.

     (d)  For purposes of this section, "claim" does not include a contingent liability or a claim based on an event occurring after the effective date of dissolution. [L 1996, c 92, pt of §1; am L 2000, c 219, §75]

 

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