LawServer - Laws, Legal Information & Lawyers

Missouri Laws > Title XXIII > Chapter 355 > § 355.736 - Receivership--custodianship

355.736. 1. A court in a judicial proceeding brought to dissolve a public benefit or mutual benefit corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the affairs of the corporation. 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 corporation and all of its property wherever located.

2. The court may appoint an individual, or a domestic or foreign business or nonprofit 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. Among other powers:

(1) The receiver may dispose of all or any part of the assets of the corporation wherever located, at a public or private sale, if authorized by the court; but the receiver's power to dispose of the assets of the corporation is subject to any trust and other restrictions that would be applicable to the corporation; and the receiver may sue and defend in the receiver's or custodian's name as receiver or custodian of the corporation in all courts of this state;

(2) The custodian may exercise all of the powers of the corporation, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the corporation in the best interests of its members 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 corporation, its members, 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 corporation or proceeds from the sale of the assets.

(L. 1994 H.B. 1095)

Effective 7-1-95

________________________________________________________________________

Questions & Answers: Non-Profit Corporations

If a 1976 corporation homeowners association failed to adopt any bylaws and in 2007 filed them finally in the county in which the townhomes were, but the articles and by laws were...

Suzanne, Unless the association has been legally dissolved, it can continue operating, despite problems with its corporate formalities. To use an analogy, Citibank has to file a va...

501c7 (country club) wants to dissolve and sell to or form a for-profit corp. Would sell shares to interested parties. Would sell $500,000.00 in shares to raise enough money to mak...

Must a vote on an issue be held during a regular membership meeting? If the answer is yes, if a quorum is not met, may the vote still be taken and is it binding?...

Is the board of a 501c3 non-profit obligated to provide minutes to their meetings if requested by a stakeholder? In the event of an animal shelter, would a donor or volunteer be co...

If the president of a board says something to a child (member) in her vehicle on personal time. Then that child repeats it to another child (member) during company time is the boa...

Related Articles: Non-Profit Corporations

Tennessee Attorney General Issues Opinion on Electronic Records

Non-Profit Organization