30-27-128. WINDING UP AND TERMINATION. Winding up and termination of an unincorporated nonprofit association must proceed in accordance with the following rules:
(1) All known debts and liabilities must be paid or adequately provided for.
(2) Any property subject to a condition requiring return to the person designated by the donor must be transferred to that person.
(3) Any property subject to a trust must be distributed in accordance with the trust agreement.
(4) Any remaining property must be distributed as follows:
(A) As required by law other than this chapter that requires assets of an association to be distributed to another person with similar nonprofit purposes;
(B) In accordance with the association’s governing principles or in the absence of applicable governing principles, to the members of the association per capita or as the members direct; or
(C) If neither paragraph (A) nor (B) of this subsection apply, as provided in chapter 5, title 14, Idaho Code.
History:
[30-27-128, added 2015, ch. 243, sec. 53, p. 900.]
Structure Idaho Code
Chapter 27 - UNINCORPORATED NONPROFIT ASSOCIATIONS
Section 30-27-101 - SHORT TITLE.
Section 30-27-102 - DEFINITIONS.
Section 30-27-103 - RELATION TO OTHER LAWS.
Section 30-27-104 - GOVERNING LAW.
Section 30-27-105 - ENTITY — PERPETUAL EXISTENCE — POWERS.
Section 30-27-106 - OWNERSHIP AND TRANSFER OF PROPERTY.
Section 30-27-107 - STATEMENT OF AUTHORITY AS TO REAL PROPERTY.
Section 30-27-108 - LIABILITY.
Section 30-27-109 - ASSERTION AND DEFENSE OF CLAIMS.
Section 30-27-110 - EFFECT OF JUDGMENT OR ORDER.
Section 30-27-111 - SERVICE OF PROCESS.
Section 30-27-112 - ACTION OR PROCEEDING NOT ABATED BY CHANGE.
Section 30-27-114 - MEMBER NOT AGENT.
Section 30-27-125 - DISTRIBUTIONS PROHIBITED — COMPENSATION AND OTHER PERMITTED PAYMENTS.
Section 30-27-127 - DISSOLUTION.
Section 30-27-128 - WINDING UP AND TERMINATION.
Section 30-27-129 - APPOINTMENT OF REGISTERED AGENT.
Section 30-27-130 - TRANSITION CONCERNING REAL AND PERSONAL PROPERTY.