62.695 Jurisdiction of court to dissolve cooperative and liquidate assets and business of cooperative
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62.695 Jurisdiction of court to dissolve cooperative and liquidate assets and business of cooperative.
(1)In addition to any other instances in which the law provides such power, a circuit court has full power to dissolve a cooperative and liquidate the assets and business thereof:
(a)In an action by a member or shareholder when it is established that:
(A)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
(B)The corporate assets are being misapplied or wasted.
(b)In an action by a creditor:
(A)When the claim of the creditor has been reduced to judgment and an execution thereon returned unsatisfied and it is established that the cooperative is insolvent; or
(B)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.
(c)Upon application by a cooperative which has commenced voluntary dissolution proceedings as provided in this chapter, to have its liquidation continued under the supervision of the court.
(d)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 judgment of dissolution.
(2)Venue for a proceeding by the Attorney General to dissolve a corporation lies in Marion County. Venue for a proceeding brought by any other party named in this section lies in the county where a corporation’s principal office is located or, if the principal office is not in this state, where its registered office is or was last located.
(3)It is not necessary to make members or shareholders parties to any action or proceeding under this section unless relief is sought against them personally.
(4)A court in a proceeding brought to dissolve a cooperative may issue injunctions, appoint a receiver or custodian pendente lite with all powers and duties the court directs, take other action required to preserve the assets of the cooperative wherever located and carry on the business of the cooperative until a full hearing can be held. [1957 c.716 §57; 1965 c.631 §25; 1987 c.94 §93; 2003 c.576 §325]