3-1-20.1. Grounds and procedure for judicial dissolution.

429 words·~2 min read·/ut/title-3/chapter-1/3-1-20-1

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

Effective 7/1/2024

(1)The attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , to dissolve an association if it is established that the association:

(a)obtained its articles of incorporation through fraud; or

(b)has continued to exceed or abuse the authority conferred upon the association by law.

(2)A shareholder may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , to dissolve an association if it is established that:

(a)the directors are deadlocked in the management of the association affairs, the members are unable to break the deadlock, irreparable injury to the association is threatened or being suffered, or the business and affairs of the association can no longer be conducted to the advantage of the members generally, because of the deadlock;

(b)the directors, or those in control of the association, have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent;

(c)the members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired on the election of their successors; or

(d)the association's assets are being misapplied or wasted.

(3)A creditor may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , to dissolve an association if it is established that:

(a)the creditor's claim has been reduced to a judgment, the execution on the judgment has been returned unsatisfied, and the association is insolvent; or

(b)the association is insolvent and the association has admitted in writing that the creditor's claim is due and owing.

(4)An association may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , to have the association's voluntary dissolution continued under court supervision.

(5)If an action is brought under this section, it is not necessary to make members parties to the action to dissolve the association unless relief is sought against the members individually.

(6)In an action to dissolve an association, a court may:

(a)issue injunctions;

(b)appoint a receiver or a custodian pendente lite with all powers and duties the court directs; or

(c)take other action required to preserve the association's assets wherever located and carry on the business of the association until a full hearing can be held.

Amended by Chapter 401 , 2023 General Session