Title 46, Chapter 8, Section 76
( 46-8-76)
(a) Upon receipt of the copy of the petition for dissolution, the
commission shall immediately investigate or cause an investigation
to be made, and shall satisfy itself that: (1) The surrender of the franchise and charter and the dissolution
of the corporation may be allowed without injustice to any
stockholder or to any person or corporation having any claim or
demand of any character against the corporation seeking
dissolution; (2) That creditors are paid or properly provided for; (3) That the surrender of the charter and franchises has been
authorized by proper corporate action; and (4) That all requirements of law have been complied with. (b) Within 30 days after the copy of the petition for dissolution
has been filed with the commission, the commission shall issue under
its hand and official seal a certificate either approving or
disapproving the application, depending upon the results of the
investigation, and shall transmit a copy of the certificate to the
Secretary of State, who shall enter the same of record in his
office. The commission shall also keep on file a duplicate of the
certificate in its own office. (c) If the commission does not approve the application, no order
shall be granted by the Secretary of State dissolving the
corporation or authorizing the surrender of its charter. |