§ 43-38-1023. Certified Copy of Dissolution
After the court enters an order dissolving a cooperative, the court administrator shall cause a certified copy of the dissolution order to be filed with the secretary of state. The secretary of state may not charge a fee for filing the dissolution order.
§ 43-38-1024. Liquidation
A cooperative shall be dissolved as provided in the articles in a manner consistent with other business entities organized in this state, or if not provided, may be dissolved in the same manner as a limited liability company organized in this state; or the members may authorize a liquidation by adopting a resolution at a […]
§ 43-38-1025. Right to Sue or Defend After Dissolution
After a cooperative has been dissolved, any of its former officers, directors or members may assert or defend, in the name of the cooperative, a claim by or against the cooperative.
§ 43-38-1026. Equitable Relief — Dissolution and Liquidation
A court may grant equitable relief that it deems just and reasonable in the circumstances or may dissolve a cooperative and liquidate its assets and business: In a supervised voluntary dissolution that is applied for by the cooperative; In an action by a member when it is established that: The directors or the persons having […]
§ 43-38-1027. Claims Procedure
A person who is or who becomes a creditor or claimant before, during, or following the conclusion of dissolution proceedings, who does not file a claim or pursue a remedy in a legal, administrative or arbitration proceeding during the pendency of the dissolution proceeding, or has not initiated a legal, administrative, or arbitration proceeding before […]
§ 43-38-1101. Filing Requirements
The form and filing of a document must satisfy the requirements of this section, and of all other applicable sections or rules that add to these requirements, to be entitled to filing by the secretary of state. This chapter must require or permit filing the document in the office of the secretary of state. The […]
§ 43-38-1102. Forms and Filing Methods
The secretary of state may prescribe and furnish forms and filing methods for all filings required by this title. If the secretary of state so requires, then use of these forms and filing methods is mandatory.
§ 43-38-1016. Judicial Intervention
A court may grant any equitable relief it considers just and reasonable in the circumstances or may dissolve a cooperative or direct that the dissolved entity is merged into another or new cooperative or other entity on the terms and conditions the court deems equitable.
§ 43-38-1017. Judicial Dissolution
On application by the attorney general and reporter, or by or for a member, the court may decree dissolution of a cooperative whenever it is not reasonably practicable to carry on the business in conformity with the articles and the operating agreement. The dissolution is effective upon the decree of dissolution becoming final and not […]
§ 43-38-1018. Procedure for Judicial Dissolution
In dissolution proceedings, before a hearing is completed, the court may: Issue injunctions; Appoint receivers with all powers and duties that the court directs; Take actions required to preserve the cooperative’s assets wherever located; and Carry on the business of the cooperative. After a hearing is completed, on notice the court directs to be given […]