17-7212. Appointment of custodian for close corporation, when. (a) In addition to the provisions of K.S.A. 17-6516, and amendments thereto, respecting the appointment of a custodian for any corporation, the district court, upon application of any stockholder, may appoint one or more persons to be custodians, and, if the corporation is insolvent, to be receivers, of any close corporation when:
(1) Pursuant to K.S.A. 17-7211, and amendments thereto, the business and affairs of the corporation are managed by the stockholders and they are so divided that the business of the corporation is suffering or is threatened with irreparable injury, and any remedy with respect to such deadlock provided in the articles of incorporation or bylaws or in any written agreement of the stockholders has failed; or
(2) the petitioning stockholder has the right to dissolution of the corporation under a provision of the articles of incorporation permitted by K.S.A. 17-7215, and amendments thereto.
(b) In lieu of appointing a custodian for a close corporation under this section or K.S.A. 17-6516, and amendments thereto, the court may appoint a provisional director, whose powers and status shall be as provided in K.S.A. 17-7213, and amendments thereto, if the court determines that it would be in the best interest of the corporation. Such appointment shall not preclude any subsequent order of the court appointing a custodian for such corporation.
History: L. 1972, ch. 52, § 136; L. 2016, ch. 110, § 115; July 1.
Structure Kansas Statutes
Article 72 - Close Corporations
17-7201 Laws applicable to close corporations.
17-7203 Formation of close corporation.
17-7204 Election of existing corporation to become close corporation.
17-7205 Limitations on continuation of close corporation status.
17-7209 Invalid transfer of close corporation's security; corporate option.
17-7211 Management of close corporation by stockholders.
17-7212 Appointment of custodian for close corporation, when.
17-7214 Operation of close corporation as partnership.
17-7216 Effect of close corporation provisions on other laws.