Title 46, Chapter 3, Section 429
( 46-3-429)
(a) If the Secretary of State determines that one of the situations
described in subsection (b) of this Code section exists with regard
to one or more electric membership corporations, the Secretary of
State shall certify to the Attorney General the names of all such
electric membership corporations, together with the facts pertinent
thereto. Upon receipt of the certification from the Secretary of
State, the Attorney General shall mail a notice that such
certification has been made, together with a statement of the facts
pertinent thereto, to the registered office of the electric
membership corporation or, if there is no registered office, to the
last known address of the electric membership corporation, or to an
officer listed on the most recent annual report filed with the
Secretary of State, or, if none is listed, to any officer, director,
or incorporator of the electric membership corporation, as shown by
the records of the Secretary of State. (b) In addition to any other remedies provided by law, the electric
membership corporation may be dissolved involuntarily by a decree of
the superior court in an action filed by the Attorney General 30
days or more after the date of mailing of the notice to the electric
membership corporation under subsection (a) of this Code section,
when it is established that: (1) The electric membership corporation procured its articles of
incorporation through fraud; (2) The electric membership corporation has continued, after the
written notice by the Attorney General to the electric membership
corporation or one of its principal directors or officers, to
violate this article in a manner likely to injure the public or
the electric membership corporation's members, creditors, or
debtors, except that the Attorney General shall not file such
action so long as the electric membership corporation is
contesting in good faith, in any appropriate judicial or
administrative proceeding, the alleged violation or violations of
this article upon which the certification to the Attorney General
is based; (3) The electric membership corporation has been adjudicated
bankrupt; (4) The electric membership corporation has made a general
assignment for the benefit of creditors; or (5) By leave of court, when a receiver has been appointed in any
action in which the affairs of the electric membership corporation
are to be wound up. |