42:2B-49.1 - Notice by dissolved company requiring creditors to present claims in writing; "creditor" defined
42:2B-49.1. Notice by dissolved company requiring creditors to present claims in writing; "creditor" defined
1. a. At any time after a limited liability company has been dissolved, the limited liability company, the liquidating trustee or a receiver appointed for the limited liability company may give notice requiring all creditors to present their claims in writing. The notice shall be published three times, once in each of three consecutive weeks, in a newspaper of general circulation in the county in which the registered office of the limited liability company is located and shall state that all persons who are creditors of the limited liability company shall present written proof of their claims to the limited liability company, the liquidating trustee or a receiver appointed for the limited liability company at a place and on or before a date named in the notice, which date shall not be less than six months after the date of the first publication.
b.On or before the date of the first publication of the notice as provided in subsection a. of this section, the limited liability company, the liquidating trustee or a receiver appointed for the limited liability company shall mail a copy of the notice to each known creditor of the limited liability company. The giving of this notice shall not constitute recognition that any person to whom that notice is directed is a creditor of the limited liability company other than for the purpose of receipt of notice hereunder.
c.Proof of the publication and mailing authorized by this section shall be made by an affidavit filed with the Division of Commercial Recording in the Department of the Treasury.
d.As used in this act, "creditor" means all persons to whom the limited liability company is indebted, and all other persons who have claims or rights against the limited liability company, whether liquidated or unliquidated, matured or unmatured, direct or indirect, absolute or contingent, secured or unsecured.
L.2003,c.12,s.1.