Upon complaint of a person obtaining judgment against a corporation, or the person's representatives, made after the return unsatisfied of an execution issued thereon, the court may sequestrate the stock, property, things in action, and effects of such corporation and appoint a receiver of the same; and, upon final judgment upon any such complaint, the court shall order the property remaining, or the proceeds thereof, to be disposed of under its direction, proportionately, in the following order:
(1) in payment of the costs and expenses of the receivership;
(2) debts due the United States and the state of Minnesota, if any;
(3) taxes and assessments, if any;
(4) claims duly proved and allowed of employees sustaining injury in the course of their employment and entitled to compensation under the provisions of the Workers' Compensation Act; provided, that claims under this clause shall not be allowed if the corporation carried workers' compensation insurance, as provided by law, at the time the injury was sustained;
(5) claims, including cash value of all compensation paid in any medium other than cash, duly proved and allowed of clerks, servants or laborers for services performed within three months preceding the appointment of the receiver, if any; and
(6) other claims duly proved and allowed.
After payment of the expenses of receivership and claims of creditors duly proved, the remainder, if any there be, shall be distributed pro rata among the stockholders proving themselves entitled thereto.
(8013) RL s 3173; 1925 c 224; 1971 c 741 s 1; 1975 c 359 s 23; 1986 c 444
Structure Minnesota Statutes
Chapters 300 - 323A — Business, Social, And Charitable Organizations
Chapter 316 — Corporations; Actions Respecting
Section 316.01 — Mode Of Prosecution.
Section 316.02 — Mandatory And Restraining Orders.
Section 316.03 — Power Of Court Over Corporation Officers.
Section 316.04 — Appeal, Effect.
Section 316.05 — Sequestration; Receiver; Distribution.
Section 316.06 — Forfeiture Of Rights; Dissolution.
Section 316.07 — Dissolution On Petition Of Corporation.
Section 316.08 — Hearing; Notice.
Section 316.09 — Certified Copy Of Order Filed.
Section 316.10 — State Interested, Proceedings.
Section 316.11 — Receiver, Appointment, Duties.
Section 316.12 — Insolvent Banks And Insurance Companies.
Section 316.13 — Forfeiture Of Charter; Receiver; Suit By Creditor.
Section 316.14 — Unpaid Stock Subscription.
Section 316.15 — Order Limiting Time To Present Claims; Extension.
Section 316.16 — Notice Of Hearing.
Section 316.17 — Enforcement Of Stockholders' Liability; Hearing; Notice Of.
Section 316.18 — Hearing; Evidence; Order For Assessment.
Section 316.19 — Enforcement Of Stockholders' Liability; Hearing; Order.
Section 316.20 — Action For Assessments.
Section 316.21 — Additional Assessments, How Levied; Joinder Of Causes.
Section 316.22 — Proceedings On Failure Of Assignee Or Receiver To Prosecute.