Title 14, Chapter 3, Section 1432
( 14-3-1432)
(a) A court in a judicial proceeding brought to dissolve a
corporation may appoint one or more receivers to wind up and
liquidate, or one or more custodians to manage, the business and
affairs of the corporation. The court shall hold a hearing, after
notifying all parties to the proceeding and any interested persons
designated by the court, before appointing a receiver or custodian.
The court appointing a receiver or custodian has exclusive
jurisdiction over the corporation and all its property wherever
located. (b) The court may appoint an individual or a domestic or foreign
corporation (authorized to transact business in this state) as a
receiver or custodian. The court may require the receiver or
custodian to post bond, with or without sureties, in an amount the
court directs. (c) The court shall describe the powers and duties of the receiver
or custodian in its appointing order, which may be amended from time
to time. Among other powers: (1) The receiver: (A) May dispose of all or any part of the assets of the
corporation wherever located, at a public or private sale, if
authorized by the court; and (B) May sue and defend in his own name as receiver of the
corporation in all courts of this state; or (2) The custodian may exercise all of the powers of the
corporation, through or in place of its board of directors or
officers, to the extent necessary to manage the affairs of the
corporation in the best interests of its members and creditors. (d) The court, during a receivership, may redesignate the receiver a
custodian and, during a custodianship, may redesignate the custodian
a receiver, if doing so is in the best interests of the corporation,
its members, and creditors. (e) The court from time to time during the receivership or
custodianship may order compensation paid and expense disbursements
or reimbursements made to the receiver or custodian and his attorney
from the assets of the corporation or proceeds from the sale of the
assets. |