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HomeCorporations CodeCh. 16§ 8618 Corporate Claim Disposal Procedure

§ 8618 Corporate Claim Disposal Procedure

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8618 Corporate Claim Disposal Procedure

Key Takeaways

  • •If a company is closing down, it must tell people who owe money (creditors) how to ask for their money back.
  • •The company must give at least 120 days to send in the request for money.
  • •If someone doesn’t ask for their money in time, they lose the right to get it later.
  • •If the company says no to the request, the person has 90 days to take them to court or they lose their chance.

Example

A toy store is closing and owes money to a supplier for toys they bought.

The toy store must send a letter to the supplier telling them how to ask for their money back. The supplier has at least 120 days to send in their request. If they don’t, they can’t ask for the money later. If the toy store says no, the supplier has 90 days to take them to court.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8618 Corporate Claim Disposal Procedure

(a) A corporation in the process of voluntary winding up may dispose of the known claims against it by following the procedure described in this section. (b) The written notice to known creditors and claimants required by subdivision (c) of Section 8613 shall comply with all of the following requirements: (1) Describe any information that must be included in a claim. (2) Provide a mailing address where a claim may be sent. (3) State the deadline, which may not be fewer than 120 days from the effective date of the written notice, by which the corporation must receive the claim. (4) State that the claim will be barred if not received by the deadline. (c) A claim against the corporation is barred if any of the following occur: (1) A claimant who has been given the written notice under subdivision (b) does not deliver the claim to the corporation by the deadline. (2) A claimant whose claim was rejected by the corporation does not commence a proceeding to enforce the claim within 90 days from the effective date of the rejection notice. (d) For purposes of this section “claim” does not include a contingent liability or a claim based on an event occurring after the effective date of dissolution. (Added by Stats. 1996, Ch. 589, Sec. 37. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

voluntary winding upwritten noticeclaimdeadlinebarred

Related Statutes

  • § 6618 Corporate Winding Up Claims
  • § 12638 Corporate Winding Up Claims
  • § 12634 Corporate Winding Up Oversight
  • § 6614 Corporate Winding Up Oversight
  • § 6615 Corporate Dissolution Certificate

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 8618.
View Official Source