§ 1109 — Judgment or final order of dissolution

§ 1109. Judgment or final order of dissolution.\n (a) In an action or special proceeding under this article if, in the\ncourt's discretion, it shall appear that the corporation should be\ndissolved, it shall make a judgment or final order dissolving the\ncorporation.\n (b) In making its decision, the court shall take into consideration\nthe following criteria:\n (1) In an action brought by the attorney-general, the interest of the\npublic is of paramount importance.\n (2) In a special proceeding brought by directors or members, the\nbenefit to the members of a dissolution is of paramount importance.\n (c) If the judgment or final order shall provide for a dissolution of\nthe corporation, the court may, in its discretion, provide therein for\nthe distribution of the property of the corporation to those entitled\nthereto according to their respective rights. Any property of the\ncorporation described in subparagraph one of paragraph (c) of section\n1002-a (Carrying out the plan of dissolution and distribution of assets)\nshall be distributed in accordance with that section.\n (d) The clerk of the court or such other person as the court may\ndirect shall transmit certified copies of the judgment or final order of\ndissolution to the department of state and to the clerk of the county in\nwhich the office of the corporation was located at the date of the\njudgment or order. Upon filing by the department of state, the\ncorporation shall be dissolved.\n (e) The corporation shall promptly thereafter transmit a certified\ncopy of the judgment or final order to the clerk of each other county in\nwhich its certificate of incorporation was filed.\n