§ 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.
§ 43-38-1010. Known and Unknown Claims Against Cooperative
When a notice of dissolution has been filed with the secretary of state, and the business of the cooperative is not to be wound up and terminated by merging the dissolved cooperative into a successor organization under § 43-38-122, then the cooperative may give notice of the filing to each creditor of and claimant against […]
§ 43-38-1011. Claims Against Dissolving Cooperative
The claim of a creditor or claimant against a dissolving cooperative is barred if the claim has not been enforced by initiating legal, administrative or arbitration proceedings concerning the claim by two (2) years after the date the notice of intent to dissolve is filed with the secretary of state.
§ 43-38-1012. Filing of Articles of Termination Upon Dissolution and Completion of Winding Up of Cooperative
The articles of termination shall be filed with the secretary of state upon the dissolution and the completion of winding up the cooperative. Articles of termination shall set forth: The name of the cooperative; The date of filing of its articles of organization; The reason for the filing of the articles of termination; Whether known […]
§ 43-38-1013. Revocation of Dissolution Proceedings
Dissolution proceedings may be revoked before the articles of dissolution are filed with the secretary of state. The chair may call a members’ meeting to consider the advisability of revoking the dissolution proceedings. The question of the proposed revocation shall be submitted to the members at the members’ meeting called to consider the revocation. The […]
§ 43-38-1014. Termination of Existence
The existence of the cooperative is terminated upon the filing of articles of termination with the secretary of state.