Section 1106. Order to show cause; issuance; publication, service, filing  


Latest version.
  • (a)  Upon the presentation of such a petition, the court shall make an
      order requiring the  corporation  and  all  persons  interested  in  the
      corporation  to  show cause before it, or before a referee designated in
      the order, at a time and place therein specified,  not  less  than  four
      weeks after the granting of the order, why the corporation should not be
      dissolved. In connection therewith, the court may order the corporation,
      its  officers and directors, to furnish the court with a schedule of all
      information, known or ascertainable with due diligence by  them,  deemed
      pertinent  by  the  court, including a statement of the corporate assets
      and liabilities, and the name and address of  each  shareholder  and  of
      each   creditor   and  claimant,  including  any  with  unliquidated  or
      contingent claims and any with  whom  the  corporation  has  unfulfilled
      contracts.
        (b) A copy of the order to show cause shall be published as prescribed
      therein,  at  least  once  in  each  of  the three weeks before the time
      appointed for the hearing thereon, in one or more newspapers,  specified
      in  the  order, of general circulation in the county in which the office
      of the corporation is located at the date of the order.
        (c) A copy of the order to show cause shall be served upon  the  state
      tax  commission  and  the  corporation and upon each person named in the
      petition, or in any  schedule  provided  for  in  paragraph  (a),  as  a
      shareholder, creditor or claimant, except upon a person whose address is
      stated  to  be  unknown, and cannot with due diligence be ascertained by
      the corporation. The service shall be made personally, at least ten days
      before the time appointed for the hearing, or by mailing a copy  of  the
      order,  postage  prepaid,  at  least  twenty  days  before  the  time so
      appointed, addressed to the person  to  be  served  at  his  last  known
      address.
        (d) A copy of the order to show cause and the petition shall be filed,
      within ten days after the order is entered, with the clerk of the county
      where the office of the corporation is located at the date of the order.
      A copy of each schedule furnished to the court under this section shall,
      within ten days thereafter, be filed with such clerk.
        (e) Publication, service and filing provided for in this section shall
      be  effected  by  the corporation or such other persons as the court may
      order.