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273.330 Jurisdiction of court to liquidate assets and affairs of corporation.
(1)
(2)
(3)
Courts of equity shall have full power to liquidate the assets and affairs of a
corporation:
(a) In an action by a member or director when it is made to appear:
1.
That the directors are deadlocked in the management of the
corporate affairs and that irreparable injury to the corporation is
being suffered or is threatened by reason thereof, and either that the
members are unable to break the deadlock or there are no members
having voting rights;
2.
That the acts of the directors or those in control of the corporation
are illegal, oppressive or fraudulent;
3.
That the members entitled to vote in the election of directors are
deadlocked in voting power and have failed for at least two (2) years
to elect successors to directors whose terms have expired or would
have expired upon the election of their successors;
4.
That the corporate assets are being misapplied or wasted; or
5.
That the corporation is unable to carry out its purposes.
(b) In an action by a creditor:
1.
When the claim of the creditor has been reduced to judgment and
an execution thereon has been returned unsatisfied and it is
established that the corporation is insolvent; or
2.
When the corporation has admitted in writing that the claim of the
creditor is due and owing and it is established that the corporation is
insolvent.
(c) Upon application by a corporation to have its dissolution continued under
the supervision of the court.
(d) When an action has been filed by the Attorney General to dissolve a
corporation and it is established that liquidation of its affairs should
precede the entry of a decree of dissolution.
Proceedings under this section shall be brought in the Circuit Court in which
the registered office or the principal office of the corporation is situated.
It shall not be necessary to make directors or members parties to any such
action or proceedings unless relief is sought against them personally.
History: Created 1968 Ky. Acts ch. 165, sec. 53.
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