Title 46, Chapter 3, Section 423
( 46-3-423)
(a) The electric membership corporation shall immediately cause
notice of its intent to dissolve to be published in a newspaper
which is the official organ of the county where the registered
office of the electric membership corporation is located or which is
a newspaper of general circulation published within that county
whose most recently published annual statement of ownership and
circulation reflects a minimum of 60 percent paid circulation. This
notice shall be published four times in the newspaper and shall be
in substantially the following form: A Statement of Intent to Dissolve _____________________ (name of
electric membership corporation), a Georgia electric membership
corporation with registered office at _____________________
(address of registered office), has been delivered to the
Secretary of State by said electric membership corporation and
filed by him on ______________, ____ (month, day, and year), in
accordance with the applicable provisions of Article 4 of Chapter
3 of Title 46, the "Georgia Electric Membership Corporation Act." (b) The electric membership corporation shall proceed to collect its
assets; convey and dispose of such of its properties as are not to
be distributed in kind to its members and former members; pay,
satisfy, and discharge its liabilities and obligations; and do all
other acts required to liquidate its business and affairs and, after
paying or adequately providing for the payment of all its
obligations, distribute the remainder of its assets, either in cash
or in kind, among its members and former members according to their
respective rights and interests as such rights and interests are
established under the articles of incorporation and bylaws. (c) The electric membership corporation, at any time during the liquidation of its business and affairs, may make application to the superior court of the county where the registered office of the electric membership corporation is situated to have the liquidation continued under the supervision of the court as provided in Code Section 46-3-431. |