9-1901.Dissolution by district court; procedure.
Any corporation transacting business under this act may be dissolved by
the district court of the county in which its place of business is located,
in the following manner: A verified petition shall be filed in the office
of the clerk of said court, signed by the president or a majority of the
board of directors, setting forth that stockholders representing two-thirds
in amount of the stock of such association have adopted a resolution
favoring such dissolution, and directing proceedings to be instituted for
that purpose, a copy of which resolution shall set forth that all claims
and demands against such association have been paid and discharged; and
thereupon a notice shall be published for the time and in the manner
prescribed by the law for service by publication. Such notice shall state
the name of the court in which the petition has been filed, the substance
and purpose thereof, and that unless objections are filed thereto on or
before a time to be stated, which shall not be less than forty-one days
from the first publication, the relief prayed for will be granted.
A copy of such notice shall be sent to the bank commissioner within ten
days after the first publication thereof, and the commissioner shall,
within thirty days thereafter, make a thorough examination of the affairs
of such bank, and file a certified copy of the report with said petition.
Any creditor or stockholder may, on or before the time fixed by the notice,
and afterwards, if permitted by the court, file written objections to the
dissolution of such corporation. The petition and objections thereto, if
any, shall stand for hearing the same as a civil action; and if upon the
hearing thereof the court shall be satisfied that the petition is true, and
that there is no valid objection to the dissolution of such corporation, it
shall render judgment dissolving the same.
9-1901.Dissolution by district court; procedure.
Any corporation transacting business under this act may be dissolved by
the district court of the county in which its place of business is located,
in the following manner: A verified petition shall be filed in the office
of the clerk of said court, signed by the president or a majority of the
board of directors, setting forth that stockholders representing two-thirds
in amount of the stock of such association have adopted a resolution
favoring such dissolution, and directing proceedings to be instituted for
that purpose, a copy of which resolution shall set forth that all claims
and demands against such association have been paid and discharged; and
thereupon a notice shall be published for the time and in the manner
prescribed by the law for service by publication. Such notice shall state
the name of the court in which the petition has been filed, the substance
and purpose thereof, and that unless objections are filed thereto on or
before a time to be stated, which shall not be less than forty-one days
from the first publication, the relief prayed for will be granted.
A copy of such notice shall be sent to the bank commissioner within ten
days after the first publication thereof, and the commissioner shall,
within thirty days thereafter, make a thorough examination of the affairs
of such bank, and file a certified copy of the report with said petition.
Any creditor or stockholder may, on or before the time fixed by the notice,
and afterwards, if permitted by the court, file written objections to the
dissolution of such corporation. The petition and objections thereto, if
any, shall stand for hearing the same as a civil action; and if upon the
hearing thereof the court shall be satisfied that the petition is true, and
that there is no valid objection to the dissolution of such corporation, it
shall render judgment dissolving the same.
9-1901.Dissolution by district court; procedure.
Any corporation transacting business under this act may be dissolved by
the district court of the county in which its place of business is located,
in the following manner: A verified petition shall be filed in the office
of the clerk of said court, signed by the president or a majority of the
board of directors, setting forth that stockholders representing two-thirds
in amount of the stock of such association have adopted a resolution
favoring such dissolution, and directing proceedings to be instituted for
that purpose, a copy of which resolution shall set forth that all claims
and demands against such association have been paid and discharged; and
thereupon a notice shall be published for the time and in the manner
prescribed by the law for service by publication. Such notice shall state
the name of the court in which the petition has been filed, the substance
and purpose thereof, and that unless objections are filed thereto on or
before a time to be stated, which shall not be less than forty-one days
from the first publication, the relief prayed for will be granted.
A copy of such notice shall be sent to the bank commissioner within ten
days after the first publication thereof, and the commissioner shall,
within thirty days thereafter, make a thorough examination of the affairs
of such bank, and file a certified copy of the report with said petition.
Any creditor or stockholder may, on or before the time fixed by the notice,
and afterwards, if permitted by the court, file written objections to the
dissolution of such corporation. The petition and objections thereto, if
any, shall stand for hearing the same as a civil action; and if upon the
hearing thereof the court shall be satisfied that the petition is true, and
that there is no valid objection to the dissolution of such corporation, it
shall render judgment dissolving the same.