501.823 - RECEIVERSHIP OR CUSTODIANSHIP.
501.823 RECEIVERSHIP OR CUSTODIANSHIP. 1. A court in a judicial proceeding brought to dissolve a cooperative may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the business and affairs of the cooperative. The court shall hold a hearing, after notifying all parties to the proceeding and any interested persons designated by the court, before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the cooperative and all its property wherever located. 2. The court may appoint an individual or a domestic or foreign corporation authorized to transact business in this state as a receiver or custodian. The court may require the receiver or custodian to post bond, with or without sureties, in an amount the court directs. 3. The court shall describe the powers and duties of the receiver or custodian in its appointing order, which may be amended from time to time. a. Among other powers, the receiver may do any of the following: (1) Dispose of all or any part of the assets of the cooperative wherever located, at a public or private sale, if authorized by the court. (2) Sue and defend in the receiver's own name as receiver of the cooperative in all courts of this state. b. The custodian may exercise all of the powers of the cooperative, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the cooperative in the best interests of its interest holders and creditors. 4. The court during a receivership may redesignate the receiver a custodian, and during a custodianship may redesignate the custodian a receiver, if doing so is in the best interests of the cooperative, its interest holders, and creditors. 5. The court from time to time during the receivership or custodianship may order compensation paid and expense disbursements or reimbursements made to the receiver or custodian and the receiver's or custodian's counsel from the assets of the cooperative or proceeds from the sale of the assets.
Section History: Recent Form 98 Acts, ch 1152, §65, 69