Current through the 2024 Fourth Special Session
Section 16-6a-1417 - Decree of dissolution(1) As used in this section:(a) "Decree of dissolution" includes an order of a court entered in a proceeding under Section 16-6a-1414 that directs that the affairs of a nonprofit corporation be wound up and liquidated under judicial supervision.(b) "Judicial proceeding to dissolve the nonprofit corporation" includes a proceeding brought under Section 16-6a-1414.(2) If after a hearing the court determines that one or more grounds for judicial dissolution described in Section 16-6a-1414 exist:(a) the court may enter a decree:(i) dissolving the nonprofit corporation; and(ii) specifying the effective date of the dissolution; and(b) the clerk of the court shall deliver a certified copy of the decree to the division which shall file it accordingly.(3) After entering the decree of dissolution, the court shall direct: (a) the winding up and liquidation of the nonprofit corporation's affairs in accordance with Section 16-6a-1405; and(b) the giving of notice to: (i)(A) the nonprofit corporation's registered agent; or(B) the division if it has no registered agent; and(ii) to claimants in accordance with Sections 16-6a-1406 and 16-6a-1407.(4) The court's order or decision may be appealed as in other civil proceedings.Amended by Chapter 331, 2024 General Session ,§ 4, eff. 7/1/2024.Amended by Chapter 401, 2023 General Session ,§ 19, eff. 7/1/2024.Enacted by Chapter 300, 2000 General Session.