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Home » US Law » 2022 South Dakota Codified Laws » Title 47 - Corporations » Chapter 26 - Nonprofit Corporations--Dissolution And Liquidation » Section 47-26-23 – Power of court in liquidation proceedings–Action by creditor.

47-26-23. Power of court in liquidation proceedings–Action by creditor.

Courts of equity shall have full power to liquidate the assets and affairs of a corporation in an action by a creditor:

(1)When the claim of the creditor has been reduced to judgment and an execution thereon has been returned unsatisfied and it is established that the corporation is insolvent; or

(2)When the corporation has admitted in writing that the claim of the creditor is due and owing and it is established that the corporation is insolvent.

Source: SL 1965, ch 24, §56 (2).