10-1432
|
10-1432. Receivership A. A court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate or manage the business and affairs of the corporation. After notifying all parties to the proceeding and any interested persons designated by the court, the court shall hold a hearing before appointing a receiver. The court appointing a receiver has exclusive jurisdiction over the corporation and all of its property wherever located. B. The court may appoint an individual or a domestic or foreign corporation authorized to transact business in this state as a receiver. The court may require the receiver to post bond with or without sureties in an amount the court directs. C. The court shall describe the powers and duties of the receiver in its appointing order, which may be amended from time to time. Among other powers, the receiver may exercise all of the powers of the corporation, through or in place of its board of directors, executive committee or officers, to the extent necessary to carry on the ordinary and necessary business of the corporation and to manage the affairs of the corporation in the best interests of its shareholders and creditors. D. The court from time to time during the receivership may order compensation paid and expense disbursements or reimbursements made to the receiver and its counsel from the assets of the corporation or proceeds from the sale of the assets. E. A receiver of a corporation may sue and defend in all courts in his own name as receiver of such corporation. |