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36 U.S.C. § 153713 — Distribution of assets on dissolution or final liquidation

submitted 28 years ago by Pub. L. 105-225 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 207 words · no verdicts yet

in plain englishAI-generated · not legal advice

On dissolution or final liquidation, liabilities are paid, conditionally held assets are returned or transferred as required, charitable-purpose assets go to suitable organizations, and other assets are distributed under the listed governing documents or an approved plan.

When the corporation dissolves or finally liquidates, its assets must be distributed as follows:
(1) All liabilities must be paid and discharged, or enough must be set aside to pay and discharge them.
(2) Assets held under a condition requiring their return or transfer when the corporation dissolves must be returned or transferred as that condition requires.
(3) Assets received and held with a limit allowing use only for charitable, religious, benevolent, educational, or similar purposes, but not under a condition requiring return or transfer at dissolution, must be transferred to one or more suitable domestic or foreign corporations, societies, or organizations under a distribution plan adopted as this chapter provides.
(4) Other assets must be distributed as the articles of incorporation or bylaws provide, but only to the extent those documents state distribution rights of members or a member class, or provide for distribution to others.
(5) Any assets still remaining may be distributed to persons, societies, organizations, or domestic or foreign nonprofit corporations engaged in activities not for profit, under a distribution plan adopted by the council of administration and complying with the constitution and bylaws.

the actual law source: uscode.house.gov ↗public domain

On dissolution or final liquidation of the corporation, its assets shall be distributed as follows:

(1)

All liabilities shall be paid and discharged, or adequate provision for payment and discharge shall be made.

(2)

Assets held on condition requiring return or transfer on dissolution of the corporation shall be returned or transferred as required by the condition.

(3)

Assets received and held subject to a limitation permitting use only for charitable, religious, benevolent, educational, or similar purposes, but not held on a condition requiring return or transfer on dissolution of the corporation, shall be transferred to one or more appropriate domestic or foreign corporations, societies, or organizations under a plan of distribution adopted as provided in this chapter.

(4)

Other assets shall be distributed as provided by the articles of incorporation or bylaws to the extent that the articles or bylaws provide the distributive rights of members, or any class of members, or provide for distribution to others.

(5)

Any remaining assets may be distributed to persons, societies, organizations, or domestic or foreign corporations engaged in activities not for profit, as provided in a plan of distribution adopted by the council of administration of the corporation and in compliance with the constitution and bylaws of the corporation.

Source credit: (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-225 · 112 Stat. 1430

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-225 on 1998-08-12.

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