Title 49, Chapter 1, Section 6
( 49-1-6)
(a) Any charitable or nonprofit corporation which has been granted a
charter or articles of incorporation under the laws of this state
may transfer all or a part of its assets to the department upon such
terms as may be agreed upon between such corporation and the
department, provided such corporation shall first have obtained
authority to make such transfer in accordance with this Code
section. (b) Any such corporation may apply for authority to make such
transfer by filing its petition with the superior court of the
county in which such corporation has its principal office. Such
application shall set forth the assets which the corporation desires
to transfer to the department and the terms upon which it desires to
transfer these assets. (c) Such corporation, once a week for four weeks prior to the filing
of such petition, shall publish notice in the newspaper of the
county in which is located the principal office of the corporation,
such newspaper being the newspaper in which notices of sheriff's
sales are advertised. The notice shall set forth the date, time, and
place when such application will be presented, the court to which it
will be presented, and the assets which such corporation desires to
transfer to the department. (d) After a hearing, the court shall be authorized to grant the
application and permit a transfer of the assets of the applicant
upon terms as set out in the application or modified as the court
may deem advisable, if the court considers this in the public
interest; or the court may deny the application if the court deems
such denial to be in the public interest. Where such corporation
makes a transfer of all of its right, title, and interest in any of
its assets to the department and such transfer is made pursuant to
the authority of the court obtained in the manner provided for in
this Code section, such transfer shall be conclusively deemed to be
a proper and legal transfer. (e) Should such corporation desire to transfer all of its assets to
the department, the court to which such application is presented may
include in its order a provision that upon the transfer by such
corporation of all of its assets to the department and upon
compliance with Chapter 3 of Title 14, the charter or articles of
incorporation of such corporation shall stand surrendered and the
corporation dissolved. (f) Nothing contained in this Code section shall be considered as
authorizing the department to accept a transfer of assets upon terms
which would require the use of them by the department in a manner
not authorized by law. |