§ 1106 — Order to show cause; issuance; publication, service, filing

New York § 1106

• Jurisdiction: New York
• Law BSC: Business Corporation
• Art. 11: Judicial Dissolution

Text

§ 1106. Order to show cause; issuance; publication, service, filing.\n (a) Upon the presentation of such a petition, the court shall make an\norder requiring the corporation and all persons interested in the\ncorporation to show cause before it, or before a referee designated in\nthe order, at a time and place therein specified, not less than four\nweeks after the granting of the order, why the corporation should not be\ndissolved. In connection therewith, the court may order the corporation,\nits officers and directors, to furnish the court with a schedule of all\ninformation, known or ascertainable with due diligence by them, deemed\npertinent by the court, including a statement of the corporate assets\nand liabilities, and the name and address of each shareholder and of\neach creditor and claimant, including any with unliquidated or\ncontingent claims and any with whom the corporation has unfulfilled\ncontracts.\n (b) A copy of the order to show cause shall be published as prescribed\ntherein, at least once in each of the three weeks before the time\nappointed for the hearing thereon, in one or more newspapers, specified\nin the order, of general circulation in the county in which the office\nof the corporation is located at the date of the order.\n (c) A copy of the order to show cause shall be served upon the state\ntax commission and the corporation and upon each person named in the\npetition, or in any schedule provided for in paragraph (a), as a\nshareholder, creditor or claimant, except upon a person whose address is\nstated to be unknown, and cannot with due diligence be ascertained by\nthe corporation. The service shall be made personally, at least ten days\nbefore the time appointed for the hearing, or by mailing a copy of the\norder, postage prepaid, at least twenty days before the time so\nappointed, addressed to the person to be served at his last known\naddress.\n (d) A copy of the order to show cause and the petition shall be filed,\nwithin ten days after the order is entered, with the clerk of the county\nwhere the office of the corporation is located at the date of the order.\nA copy of each schedule furnished to the court under this section shall,\nwithin ten days thereafter, be filed with such clerk.\n (e) Publication, service and filing provided for in this section shall\nbe effected by the corporation or such other persons as the court may\norder.\n