Sec. 33-887a. Proceeding for determination of security for payment of contingent or unknown claims or claims arising after dissolution.
Sec. 33-887a. Proceeding for determination of security for payment of contingent or unknown claims or claims arising after dissolution. (a) A dissolved corporation that has published a notice under section 33-887 may file an application with the
superior court for the judicial district where the dissolved corporation's principal office
or, if none in this state, its registered office, is located 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 subsection (c) of section 33-887.
(b) Within ten days after the filing of an application under subsection (a) of this
section, notice of the proceeding shall 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.
(c) 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 such guardian, including all reasonable expert witness fees, shall
be paid by the dissolved corporation.
(d) Provision by the dissolved corporation for security in the amount and the form
ordered by the court under subsection (a) of this section shall satisfy 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.
(P.A. 03-18, S. 31.)
History: P.A. 03-18 effective July 1, 2003.