Nevada § 78A.140 Appointment of custodian, receiver or provisional director

Nevada Statutes

§ 78A.140 — Appointment of custodian, receiver or provisional director

Nevada·Title 7 BUSINESS ASSOCIATIONS; SECURITIES; COMMODITIES·Ch. 78A Close· POWERS AND DUTIES

1. Upon application of a stockholder, the court may appoint one or more persons to be custodians and, if the corporation is insolvent, to be receivers of any close corporation when:

(a)The business and affairs of the close corporation are managed by the stockholders who are so divided that the business of the corporation is suffering or is threatened with irreparable injury and any remedy with respect to such a deadlock provided in the articles of incorporation or bylaws or in any written agreement of the stockholders has failed; or

(b)The petitioning stockholder has the right to the dissolution of the corporation under a provision of the articles of incorporation permitted by NRS 78A.160 . 2. If the court determines that it would be in the best interest of the corporation, the court may

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1. Upon application of a stockholder, the court may appoint one or more persons to be custodians and, if the corporation is insolvent, to be receivers of any close corporation when:
(a) The business and affairs of the close corporation are managed by the stockholders who are so divided that the business of the corporation is suffering or is threatened with irreparable injury and any remedy with respect to such a deadlock provided in the articles of incorporation or bylaws or in any written agreement of the stockholders has failed; or
(b) The petitioning stockholder has the right to the dissolution of the corporation under a provision of the articles of incorporation permitted by NRS 78A.160 .
2. If the court determines that it would be in the best interest of the corporation, the court may appoint a provisional director in lieu of appointing a custodian or receiver for a close corporation. Such an appointment does not preclude any subsequent order of the court appointing a custodian or receiver for the corporation.

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