(a) If the shareholders of a corporation adopt a resolution stating
that they find that its assets are not sufficient to discharge its
liabilities, or that they deem a dissolution to be beneficial to the
shareholders, the shareholders or such of them as are designated for
that purpose in such resolution may present a petition for its
dissolution.
(b) A shareholders' meeting to consider such a resolution may be
called, notwithstanding any provision in the certificate of
incorporation, by the holders of shares representing ten percent of the
votes of all outstanding shares entitled to vote thereon, or if the
certificate of incorporation authorizes a lesser proportion of votes of
shares to call the meeting, by such lesser proportion. A meeting under
this paragraph may not be called more often than once in any period of
twelve consecutive months.
(c) Such a resolution may be adopted at a meeting of shareholders by
vote of a majority of the votes of all outstanding shares entitled to
vote thereon or if the certificate of incorporation requires a greater
proportion of votes to adopt such a resolution, by such greater
proportion.
Structure New York Laws
Article 11 - Judicial Dissolution
1101 - Attorney-General's Action for Judicial Dissolution.
1102 - Directors' Petition for Judicial Dissolution.
1103 - Shareholders' Petition for Judicial Dissolution.
1104 - Petition in Case of Deadlock Among Directors or Shareholders.
1104-A - Petition for Judicial Dissolution Under Special Circumstances.
1105 - Contents of Petition for Judicial Dissolution.
1106 - Order to Show Cause; Issuance; Publication, Service, Filing.
1110 - Application for Final Order.
1111 - Judgment or Final Order of Dissolution.
1113 - Preservation of Assets; Appointment of Receiver.
1114 - Certain Sales, Transfers, Security Interests and Judgments Void.
1116 - Discontinuance of Action or Special Proceeding.