Sec. 10.15.510. Jurisdiction of court to liquidate assets and business of cooperative.

227 words·~1 min read·/ak/title-10/chapter-15/10-15-510

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In addition to any other instances in which the law provides the power, a court may liquidate the assets and business of a cooperative

(1)in an action by a member or shareholder when it is established that the members are deadlocked in voting power, and have failed, for a period which includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors; or the corporate assets are being misapplied or wasted;

(2)in an action by a creditor when the claim of the creditor has been reduced to judgment and an execution has been returned unsatisfied and it is established that the cooperative is insolvent; or when the cooperative has admitted in writing that the claim of the creditor is due and owing and it is established that the cooperative is insolvent;

(3)upon application by a cooperative which has filed a statement of intent to dissolve as provided in this chapter to have its liquidation continued under the supervision of the court;

(4)when an action has been filed by the attorney general to dissolve a cooperative and it is established that liquidation of its business and affairs should precede the entry of a decree of dissolution.