Title 14, Chapter 3, Section 1302
( 14-3-1302)
(a) A corporation may make distributions to the following: (1) Organizations (whether or not incorporated) that are organized
and operated for the same or similar purposes as the distributing
corporation; (2) Organizations (whether or not incorporated) that are organized
and operated exclusively for religious, charitable, scientific,
testing for public safety, literary, or educational purposes, or
to foster national or international sports competition, or for the
prevention of cruelty to children or animals, no part of the net
earnings of which inures to the benefit of any private shareholder
or individual; or (3) A state or possession of the United States, or any political
subdivision of any of the foregoing, or the United States or the
District of Columbia. (b) Except for corporations described in paragraph (2) of subsection
(a) of this Code section, a corporation may repurchase a membership
for the consideration that the member paid for his membership if,
after the purchase is completed: (1) The corporation would be able to pay its debts as they become
due in the normal course of business; and (2) The corporation's total assets would at least equal the sum of
its liabilities. |