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Notice to claimants - 15 Pa. Cons. Stat. § 5992Legal Research Home > Pennsylvania Statutes
§ 5992. Notice to claimants.
(a) General rule.--After a nonprofit corporation that has
elected to proceed under this subchapter has been dissolved in
accordance with section 5977 (relating to articles of
dissolution), the corporation or any successor entity shall give
notice of the dissolution requesting all persons having a claim
against the corporation to present their claims against the
corporation in accordance with the notice. The notice shall
state:
(1) That all claims must be presented in writing and
must contain sufficient information reasonably to inform the
corporation or successor entity of the identity of the
claimant and the substance of the claim.
(2) The mailing address to which a claim must be sent.
(3) The deadline, which shall be not less than 60 days
after the date the notice is given, by which the corporation
or successor entity must receive the claim.
(4) That the claim will be barred if not received by the
deadline.
(5) That the corporation or a successor entity may make
distribution to other claimants and the members of the
corporation or persons interested as having been such without
further notice to the claimant.
(b) Unmatured contractual claims.--The corporation or
successor entity electing to follow the procedures specified in
this subchapter shall also give notice of the dissolution of the
corporation to persons with contractual claims contingent upon
the occurrence or nonoccurrence of future events or otherwise
conditional or unmatured and shall request that such persons
present their claims in accordance with the terms of the notice.
The notice shall be in substantially the form specified in
subsection (a).
(c) Publication and service of notices.--
(1) The notices required by this section shall be
officially published at least once a week for two consecutive
weeks.
(2) Concurrently with or preceding the publication, the
corporation or successor entity shall send a copy of the
notice by certified or registered mail, return receipt
requested, to each:
(i) known creditor or claimant;
(ii) holder of a claim described in subsection (b);
and
(iii) municipal corporation in which the registered
office or principal place of business of the corporation
in this Commonwealth was located at the time of filing
the articles of dissolution in the department.
(d) Claims barred.--A claim against a dissolved corporation
is barred if a claimant who was given written notice under
subsection (c)(2) does not deliver the claim to the dissolved
corporation or successor entity by the deadline.
(Dec. 18, 1992, P.L.1333, No.169, eff. 60 days)
Cross References. Section 5992 is referred to in sections
5979, 5993, 5994, 5995 of this title.
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Last modified: November 27, 2007 |
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