16-6a-1407. Disposition of claims
by publication.
(1) A dissolved nonprofit corporation may publish notice of
its dissolution and request that persons with claims against the nonprofit
corporation present them in accordance with the notice.
(2) The notice described in Subsection (1) shall:
(a) be published:
(i) one
time in a newspaper of general circulation in:
(A)
the county where:
(I)
the dissolved nonprofit corporation's principal office is located; or
(II)
if the dissolved nonprofit corporation has no principal office in this state,
its registered office is or was last located; or
(B)
if neither Subsection (2)(a)(i)(A) or (B) apply, Salt Lake County; and
(ii) as
required in Section 45-1-101;
(b) describe the information that shall be included in
a claim;
(c) provide an address at which any claim shall be
given to the nonprofit corporation; and
(d) state that unless sooner barred by any other
statute limiting actions, a claim will be barred if an action to enforce the
claim is not commenced within three years after publication of the notice.
(3) If the dissolved nonprofit corporation publishes a
newspaper or website notice in accordance with Subsection (2), then unless
sooner barred under Section 16-6a-1406 or
under any other statute limiting actions, the claim of any claimant against the
dissolved nonprofit corporation is barred unless the claimant commences an
action to enforce the claim against the dissolved nonprofit corporation within
three years after the publication date of the notice.
(4) For purposes of this section:
(a) "claim" means any claim, including
claims of this state, whether:
(i) known;
(ii) due
or to become due;
(iii)
absolute or contingent;
(iv)
liquidated or unliquidated;
(v)
founded on contract, tort, or other legal basis; or
(vi)
otherwise; and
(b) an action to enforce a claim includes:
(i) any
civil action; and
(ii) any
arbitration under any agreement for binding arbitration between the dissolved
nonprofit corporation and the claimant.
Amended by Chapter 388, 2009 General Session