(1) (a) A dissolved domestic entity that has published a notice under section 7-90-912 may file an application with the court for the county in this state in which the street address of the domestic entity's principal office or the street address of its registered agent is located for a determination of the amount and form of security to be provided for payment of claims that:
Are contingent;
Have not been made known to the dissolved domestic entity; or
Arise from an event that had not occurred as of the effective date of dissolution but,based on the facts known to the dissolved domestic entity, is reasonably anticipated to occur after the effective date of dissolution.
(b) Provision need not be made for any claim that is, or is reasonably anticipated to be, barred under section 7-90-912 (3).
Within ten days after the filing of the application, the dissolved domestic entity shallgive notice of the proceeding to each claimant holding a contingent claim whose contingent claim is shown on the records of the dissolved domestic entity.
The court may appoint a guardian ad litem to represent all claimants whose identitiesare unknown in any proceeding brought under this section. The dissolved entity shall pay the reasonable fees and expenses of the guardian ad litem, including all reasonable expert witness fees.
Provision by the dissolved entity for security in the amount and the form ordered bythe court under subsection (1) of this section satisfies the dissolved entity's obligations with respect to claims that are contingent, have not been made known to the dissolved entity, or arise from an event occurring after the effective date of dissolution, and the claims may not be enforced against an owner who received assets in liquidation.
Source: L. 2019: Entire section added, (SB 19-086), ch. 166, p. 1922, § 24, effective July 1, 2020.