Section 96. Voluntary dissolution  


Latest version.
  • 1. Notwithstanding any provisions in
      this article to the contrary, a housing company  organized  pursuant  to
      this   article  after  April  first,  nineteen  hundred  sixty-two,  may
      voluntarily be dissolved, or in the case of a housing company which is a
      trust, be terminated, without the consent of the commissioner, not  less
      than  twenty  years after the occupancy date upon the payment in full of
      the remaining balance of principal and interest due and unpaid upon  the
      mortgage   or  mortgages  and  of  any  and  all  expenses  incurred  in
      effectuating such voluntary dissolution or termination.
        2. Upon such dissolution or termination, title to the project  may  be
      conveyed  in  fee  to  the  owner  or  owners  of  its capital or to any
      corporation, partnership or trust designated  by  it  or  them  for  the
      purpose,  or  the  company  may be reconstituted pursuant to appropriate
      laws relating to the formation and conduct of corporations, partnerships
      or trusts, provided, however, that prior  to  any  such  dissolution  or
      termination  and  conveyance  or reconstitution payment shall be made of
      all current operating expenses,  taxes,  indebtedness  and  all  accrued
      interest  thereon  and  the  par  value  of  the shares or amount of the
      capital of such company and accrued distributions  in  respect  thereof.
      If  after  making  such  payments and after conveyance of the project, a
      surplus remains in the treasury of the  housing  company,  such  surplus
      shall,   upon   dissolution   or   termination  be  distributed  to  the
      shareholders, partners or beneficiaries, as their interests may  appear.
      After   such   dissolution   or  termination  and  conveyance,  or  such
      reconstitution, the provisions of  this  article  shall  become  and  be
      inapplicable  to  any  such project and its owner or owners, and any tax
      exemption granted with respect  to  such  project  pursuant  to  section
      ninety-three hereof shall cease and terminate.