Section 1104. 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
      member   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 member,
      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.