Sec. 8. Within sixty (60) days after such dissolution has been authorized by the shareholders, the agent shall file with the clerk of the circuit, superior or probate court of the county in which such corporation has its principal place of business, a verified petition, in duplicate, which shall contain a complete statement of all debts and liabilities of such corporation, whether to creditors or shareholders setting forth the name and address of each creditor, and/or shareholder and the nature and amount of each claim, as disclosed by the books of such corporation, or otherwise coming to the knowledge of such agent, together with the recommendations of such agent as to the allowance or disallowance of such claims, but in making such recommendations, such agent shall not determine or recommend any preferences or priorities as to any claim or claims. The agent shall also file one (1) copy of such petition in the office of the department and retain one (1) copy thereof at the principal office of the corporation for inspection by creditors, shareholders or other persons interested. Upon the filing of such petition the same shall be docketed as a cause of action upon the records of the court wherein such petition is filed and thereupon such court shall be vested with exclusive jurisdiction to hear and determine all issues and matters pertaining to or connected with the allowance, disallowance and payment of claims against such corporation. No creditor or other person shall have any claim or any right to bring an action in any court upon any claim or to assert any right against such corporation after such dissolution has been authorized by the shareholders and before the date fixed for the filing of such petition with the clerk of such court.
Formerly: Acts 1933, c.40, s.149.
Structure Indiana Code
Title 28. Financial Institutions
Article 1. Department of Financial Institutions
Chapter 9. Voluntary Dissolution of Banks, Trust Companies, and Building and Loan Associations
28-1-9-2. Authority to Liquidate and Dissolve; Resolution; Submission to Shareholders; Vote Required
28-1-9-3. Examinations; Departmental Approval of Liquidation
28-1-9-4. Restrictions on Dividends and Business Pending Payment of Debts and Liabilities
28-1-9-5. Liquidating Agent; Appointment; Powers
28-1-9-6. Liquidating Agent; Authority
28-1-9-7. Trust and Fiduciary Property; Disposition
28-1-9-11. Unclaimed Distributive Portions
28-1-9-12. Authority to Borrow
28-1-9-13. Articles of Dissolution; Execution and Filing; Contents
28-1-9-14. Articles of Dissolution; Presentation to Department and to Secretary of State
28-1-9-15. Articles of Dissolution; Approval by Department
28-1-9-17. Certificate of Incorporators or Articles of Dissolution; Recording
28-1-9-18. Termination of Corporate Existence; Existing Liabilities