Title 46, Chapter 3, Section 432
( 46-3-432)
(a) In proceedings to liquidate the assets and business of an
electric membership corporation, the court shall have power to issue
injunctions; to appoint a receiver or receivers pendente lite with
such powers and duties as the court from time to time may direct;
and to take such other actions as may be required to preserve the
corporate assets wherever situated and carry on the business of the
electric membership corporation until a full hearing can be had. (b) After a hearing had upon such notice as the court may direct to
be given to all parties to the proceedings and to any other parties
in interest designated by the court, the court may appoint a
liquidating receiver or receivers with authority to collect the
assets of the electric membership corporation, including all amounts
owing to the electric membership corporation by members. Such
liquidating receiver or receivers shall have authority, subject to
the order of the court, to sell, convey, and dispose of all or any
part of the assets of the electric membership corporation wherever
situated, either at public sale or at private sale. The assets of
the electric membership corporation or the proceeds resulting from a
sale, conveyance, or other disposition thereof shall be applied to
the expenses of such liquidation and to the payment of the
liabilities and obligations of the electric membership corporation;
and any remaining assets or proceeds shall be distributed among its
members and former members according to their respective rights and
interests. The order appointing such liquidating receiver or
receivers shall state their powers and duties. Such powers and
duties may be increased or diminished at any time during the
proceedings. (c) The court shall have power to allow from time to time, as
expenses of the liquidation, compensation to the receiver or
receivers and to attorneys in the proceeding and to direct the
payment thereof out of the assets of the electric membership
corporation or the proceeds of any sale or disposition of such
assets. (d) A receiver of an electric membership corporation appointed under
this Code section shall have authority to sue and defend in all
courts in his own name as receiver of such electric membership
corporation. The court appointing such receiver shall have exclusive
jurisdiction of the electric membership corporation and its
property, wherever situated. |