(a) The circuit court of the county in which the nonprofit corporation's principal office is located in this state, and if none in this state, the circuit court for the county in which the nonprofit corporation's most recent registered office is located shall have full power to liquidate the assets and affairs of a nonprofit corporation:
(1) In an action by a member or director when it is established:
a. That the directors are deadlocked in the management of the corporate affairs and that irreparable injury to the nonprofit corporation is being suffered or is threatened by reason thereof, and either that the members are unable to break the deadlock or there are no members having voting rights;
b. That the acts of the directors or those in control of the nonprofit corporation are illegal, oppressive, or fraudulent;
c. That the members entitled to vote in the election of directors are deadlocked in voting power and have failed for at least two years to elect successors to directors whose terms have expired or would have expired upon the election of their successors;
d. That the corporate assets are being misapplied or wasted; or
e. That the nonprofit corporation is unable to carry out its purposes.
(2) In an action by a creditor:
a. When the claim of the creditor has been reduced to judgment and an execution thereon has been returned unsatisfied and it is established that the nonprofit corporation is insolvent; or
b. When the nonprofit corporation has admitted in writing that the claim of the creditor is due and owing and it is established that the nonprofit corporation is insolvent.
(3) Upon application by a nonprofit corporation to have its dissolution continued under the supervision of the court.
(4) When an action has been filed by the Attorney General to dissolve a nonprofit corporation and it is established that liquidation of its affairs should precede the entry of an order of dissolution.
(b) Proceedings under this section shall be brought in the circuit court for the county in which the nonprofit corporation's principal office is located in this state, and if none in this state, in the circuit court for the county in which the nonprofit corporation's most recent registered office is located.
(c) It shall not be necessary to make directors or members parties to any action or proceedings unless relief is sought against them personally.
Structure Code of Alabama
Title 10A - Alabama Business and Nonprofit Entities Code.
Chapter 3 - Nonprofit Corporations.
Section 10A-3-7.01 - Voluntary Dissolution - Procedure.
Section 10A-3-7.02 - Voluntary Dissolution - Distribution of Assets Generally.
Section 10A-3-7.03 - Voluntary Dissolution - Plan of Distribution of Assets.
Section 10A-3-7.04 - Voluntary Dissolution - Revocation of Voluntary Dissolution Proceedings.
Section 10A-3-7.05 - Voluntary Dissolution - Articles of Dissolution.
Section 10A-3-7.06 - Voluntary Dissolution - Filing of Articles of Dissolution.
Section 10A-3-7.07 - Involuntary Dissolution - Grounds.
Section 10A-3-7.08 - Involuntary Dissolution - Procedure; Notification to Attorney General.
Section 10A-3-7.09 - Involuntary Dissolution - Venue and Service of Process.
Section 10A-3-7.11 - Procedure in Liquidation of Corporation by Court.
Section 10A-3-7.12 - Liquidation - Qualification of Receivers.
Section 10A-3-7.13 - Liquidation - Filing of Claims in Liquidation Proceedings.
Section 10A-3-7.14 - Liquidation - Discontinuance of Liquidation Proceedings.
Section 10A-3-7.15 - Liquidation - Entry of Order of Involuntary Dissolution.
Section 10A-3-7.16 - Filing of Order of Dissolution.