(a) A dissolved corporation may also publish notice of its dissolution and request that persons with claims against the corporation present them in accordance with the notice.(b) The notice must: (1) be published one (1) time in a newspaper of general circulation in the county where the dissolved corporation's principal office is or was last located or in a newspaper of general circulation in Pulaski County if the corporation did not have a principal office in this state;(2) describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and(3) state that a claim against the corporation will be barred unless a proceeding to enforce the claim is commenced within five (5) years after the publication of the notice.(c) If the dissolved corporation publishes a newspaper notice in accordance with subsection (b) of this section, the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within five (5) years after the publication date of the newspaper notice: (1) a claimant who did not receive written notice under § 4-27-1406;(2) a claimant he claim against the dissolved corporation within five (5) years after the publication date of the newspaper notice: (1) a claimant who did not receive written notice under § 4-27-1406;(2) a claimant whose claim was timely sent to the dissolved corporation but not acted on;(3) a claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.(d) A claim may be enforced under this section:(1) against the dissolved corporation, to the extent of its undistributed assets; or(2) if the assets have been distributed in liquidation, against a shareholder of the dissolved corporation to the extent of his pro rata share of the claim or the corporate assets distributed to him in liquidation, whichever is less, but a shareholder's total liability for all claims under this section may not exceed the total amount of assets distributed to him.Acts 1987, No. 958, § 64-1407; 1987 (1st Ex. Sess.), No. 11, § 12; 2007, No. 638, § 14.
Arkansas Legal Code