§ 16-6a-1417 — Decree of dissolution.

(1) As used in this section:
(1)(a) "Decree of dissolution" includes an order of a court entered in a proceeding under Section 16-6a-1414 that directs that the affairs of a nonprofit corporation be wound up and liquidated under judicial supervision.
(1)(b) "Judicial proceeding to dissolve the nonprofit corporation" includes a proceeding brought under Section 16-6a-1414.
(2) If after a hearing the court determines that one or more grounds for judicial dissolution described in Section 16-6a-1414 exist:
(2)(a) the court may enter a decree:
(2)(a)(i) dissolving the nonprofit corporation; and
(2)(a)(ii) specifying the effective date of the dissolution; and
(2)(b) the clerk of the court shall deliver a certified copy of the decree to the division which shall file it accordingly.
(3) After entering the decree of dissolution, the court shall direct:
(3)(a) the winding up and liquidation of the nonprofit corporation's affairs in accordance with Section 16-6a-1405; and
(3)(b) the giving of notice to:
(3)(b)(i) (3)(b)(i)(A) the nonprofit corporation's registered agent; or
(3)(b)(i)(B) the division if it has no registered agent; and
(3)(b)(ii) to claimants in accordance with Sections 16-6a-1406 and 16-6a-1407.
(4) The court's order or decision may be appealed as in other civil proceedings.

Legislative History

Amended by Chapter 331, 2024 General Session