16-16-1210. Court proceeding.

252 words·~1 min read·/ut/title-16/chapter-16/16-16-1210

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

Effective 7/1/2024

(1)Upon a petition by a dissolved limited cooperative association that has published a notice under Section 16-16-1209 , a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , may determine the amount and form of security to be provided for payment of claims against the association that are contingent, have not been made known to the association, or are based on an event occurring after the effective date of dissolution but that, based on the facts known to the association, are reasonably anticipated to arise after the effective date of dissolution.

(2)Not later than 10 days after filing a petition under Subsection

(1), a dissolved limited cooperative association shall give notice of the proceeding to each known claimant holding a contingent claim.

(a)The court may appoint a representative in a proceeding brought under this section to represent all claimants whose identities are unknown.

(b)The dissolved limited cooperative association shall pay reasonable fees and expenses of the representative, including all reasonable attorney and expert witness fees.

(4)Provision by the dissolved limited cooperative association for security in the amount and the form ordered by the court satisfies the association's obligations with respect to claims that are contingent, have not been made known to the association, or are based on an event occurring after the effective date of dissolution, and the claims may not be enforced against a member that received a distribution.

Amended by Chapter 401 , 2023 General Session