§ 22-4-32-18 — Dissolution of companies; payment of contributions; certificate

To the end that the purposes of this article
may be effectively enforced and administered, it is the declared
intention of the general assembly that in all cases of legal distributions
and dissolutions the commissioner shall have actual notice before any
fiduciary administering the affairs of an employer subject to the
payment of contributions under this article may file the fiduciary's final
report with the court under whose authority and supervision such
fiduciary acts. From and after April 1, 1947, no such final report shall
be filed unless a copy thereof has been served upon the commissioner
by mailing a copy thereof by registered mail to the commissioner at the
commissioner's office in Indianapolis at least ten (10) days prior to the
filing of the same with the court. Such final report shall contain a
statement that a copy thereof was served in the manner provided in this
section upon the commissioner, and before such final report may be
approved by the court there shall be filed in said cause a certificate
from the commissioner that this section has been fully complied with
in the administration of the affairs of said employer. In the event that
the commissioner shall not have been served with a copy of the final
report as provided in this section and the fiduciary or other officer of
the court administering the affairs of any such employer shall have
been discharged and the fiduciary's or other officer's final report
approved, the commissioner may at any time within one (1) year from
the date upon which such final report was approved file a petition with
the court alleging that there was not full compliance with this section
and the court, upon being satisfied that the commissioner was not fully
advised of the proceedings relative to the filing and approval of the
final report as provided in this section, shall set aside its approval of
said final report with the result that the proceedings shall be reinstated
as though no final report had been filed in the first instance and shall
proceed from that point in the manner provided by law and not
inconsistent with the provisions of this section.
Formerly: Acts 1947, c.208, s.3320. As amended by
P.L.144-1986, SEC.142; P.L.18-1987, SEC.91; P.L.21-1995, SEC.124;
P.L.290-2001, SEC.28; P.L.42-2011, SEC.45.