47-18-17. Liquidation of assets by court--Proper parties to bring action.
The circuit court for the county where the principal office or registered agent of the cooperative is located may liquidate the assets and business of such cooperative when an action for that purpose is filed by or on behalf of:
(1)A majority of the designated committee or directors when a resolution is adopted pursuant to §47-18-11;
(2)The attorney general when a decree of dissolution has been obtained pursuant to §47-18-15;
(3)A judgment creditor whose execution is returned unsatisfied when it is established that the cooperative is unable to pay its debts as they become due in the usual course of its business;
(4)Any creditor when it is established that the cooperative is dissolving pursuant to §§47-18-11 to 47-18-14, inclusive, or §§47-18-16.3 to 47-18-16.6, inclusive, without making adequate provision for payment of all creditors.
Source: SDC 1939, §11.1145 (1) as enacted by SL 1965, ch 23, §1; SL 1989, ch 390, §11.
Structure South Dakota Codified Laws
Chapter 18 - Cooperatives--Reorganization And Dissolution
Section 47-18-1 - Merger or consolidation--Preparation of plan--Approval of plan.
Section 47-18-2 - Articles of merger or consolidation--Contents--Effective date.
Section 47-18-3 - Effect of merger or consolidation--Surviving cooperative.
Section 47-18-4 - Rights and duties of surviving cooperative.
Section 47-18-5 - Amendment of surviving cooperative's articles.
Section 47-18-5.1 - Merger or consolidation of cooperative and its subsidiary.
Section 47-18-6 - Division of cooperative--Plan of division--Approval of plan.
Section 47-18-7 - Manner of approval of plan.
Section 47-18-8 - Articles of division--Contents and filing.
Section 47-18-9 - Disposal of assets--Authorization by members--Notice and approval.
Section 47-18-10 - Mortgaging assets to secure payment of debts.
Section 47-18-11 - Voluntary dissolution--Notice and approval.
Section 47-18-12 - Liquidation of assets--Distribution of proceeds.
Section 47-18-13 - Certificate of dissolution--Contents of certificate.
Section 47-18-14 - Filing and recording certificate of dissolution.
Section 47-18-16 - Default cured prior to entry of decree--Abatement of action.
Section 47-18-16.2 - Petition for reinstatement--Filing fee--Penalty for expired years.
Section 47-18-16.3 - Administrative dissolution of cooperative.
Section 47-18-16.5 - Application for reinstatement.
Section 47-18-16.6 - Denial of reinstatement--Appeal--Court action.
Section 47-18-17 - Liquidation of assets by court--Proper parties to bring action.
Section 47-18-18 - Power and authority of court--Appointment of receiver.
Section 47-18-19 - Creditors' claims--Notice--Time for filing.
Section 47-18-20 - Decree of dissolution--Filing and recording.
Section 47-18-21 - Action as staying all other proceedings.
Section 47-18-22 - Dismissal of action.
Section 47-18-24 - Appointment of trustee for property.
Section 47-18-25 - Court supervision of trustee.
Section 47-18-27 - Dissolution as not impairing preexisting rights--Time limitation.