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This entry was published on 2014-09-22
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SECTION 1104
Order to show cause; issuance; publication, service, filing
Not-for-Profit Corporation (NPC) CHAPTER 35, ARTICLE 11
§ 1104. Order to show cause; issuance; publication, service, filing.

(a) Upon the presentation of such a petition, the court shall make an
order requiring the corporation and all persons interested in the
corporation to show cause before it, or before a referee designated in
the order, at a time and place therein specified, not less than four
weeks after the granting of the order, why the corporation should not be
dissolved. In connection therewith, the court may order the
corporation, its officers and directors, to furnish the court with a
schedule of all information, known or ascertainable with due diligence
by them, deemed pertinent by the court, including a statement of the
corporate assets and liabilities, and the name and address of each
member and of each creditor and claimant, including any with
unliquidated or contingent claims and any with whom the corporation has
unfulfilled contracts.

(b) A copy of the order to show cause shall be published as
prescribed therein, at least once in each of the three weeks before the
time appointed for the hearing thereon, in one or more newspapers,
specified in the order, of general circulation in the county in which
the office of the corporation is located at the date of the order.

(c) A copy of the order to show cause shall be served upon the state
tax commission and the corporation and upon each person named in the
petition, or in any schedule provided for in paragraph (a), as a member,
creditor or claimant, except upon a person whose address is stated to be
unknown and cannot with due diligence be ascertained by the corporation.
The service shall be made personally, at least ten days before the time
appointed for the hearing, or by mailing a copy of the order, postage
prepaid, at least twenty days before the time so appointed, addressed to
the person to be served at his last known address.

(d) A copy of the order to show cause and the petition shall be
filed, within ten days after the order is entered, with the clerk of the
county where the office of the corporation is located at the date of the
order. A copy of each schedule furnished to the court under this
section shall, within ten days thereafter, be filed with such clerk.

(e) Publication, service and filing provided for in this section
shall be effected by the corporation or such other persons as the court
may order.