This text of New York § 1104 (Order to show cause; issuance; publication, service, filing) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1104. 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\ncorporation, its officers and directors, to furnish the court with a\nschedule of all information, known or ascertainable with due diligence\nby them, deemed pertinent by the court, including a statement of the\ncorporate assets and liabilities, and the name and address of each\nmember and of each creditor and
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§ 1104. 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\ncorporation, its officers and directors, to furnish the court with a\nschedule of all information, known or ascertainable with due diligence\nby them, deemed pertinent by the court, including a statement of the\ncorporate assets and liabilities, and the name and address of each\nmember and of each creditor and claimant, including any with\nunliquidated or contingent claims and any with whom the corporation has\nunfulfilled contracts.\n (b) A copy of the order to show cause shall be published as\nprescribed therein, at least once in each of the three weeks before the\ntime appointed for the hearing thereon, in one or more newspapers,\nspecified in the order, of general circulation in the county in which\nthe office of 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 member,\ncreditor or claimant, except upon a person whose address is stated to be\nunknown and cannot with due diligence be ascertained by the corporation.\nThe service shall be made personally, at least ten days before the time\nappointed for the hearing, or by mailing a copy of the order, postage\nprepaid, at least twenty days before the time so appointed, addressed to\nthe person to be served at his last known address.\n (d) A copy of the order to show cause and the petition shall be\nfiled, within ten days after the order is entered, with the clerk of the\ncounty where the office of the corporation is located at the date of the\norder. A copy of each schedule furnished to the court under this\nsection shall, within ten days thereafter, be filed with such clerk.\n (e) Publication, service and filing provided for in this section\nshall be effected by the corporation or such other persons as the court\nmay order.\n