Dissolution of companies; payment of contributions; certificate
Sec. 18. To the end that the purposes of this article may be
effectively enforced and administered, it is the declared intention of
the general assembly that in all cases of legal distributions and
dissolutions the commissioner shall have actual notice before any
fiduciary administering the affairs of an employer subject to the
payment of contributions and skills 2016 training assessments under
this article may file the fiduciary's final report with the court under
whose authority and supervision such fiduciary acts. From and after
April 1, 1947, no such final report shall be filed unless a copy thereof
has been served upon the commissioner by mailing a copy thereof by
registered mail to the commissioner at the commissioner's office in
Indianapolis at least ten (10) days prior to the filing of the same with
the court. Such final report shall contain a statement that a copy
thereof was served in the manner provided in this section upon the
commissioner, and before such final report may be approved by the
court there shall be filed in said cause a certificate from the
commissioner that this section has been fully complied with in the
administration of the affairs of said employer. In the event that the
commissioner shall not have been served with a copy of the final
report as provided in this section and the fiduciary or other officer of
the court administering the affairs of any such employer shall have
been discharged and the fiduciary's or other officer's final report
approved, the commissioner may at any time within one (1) year
from the date upon which such final report was approved file a
petition with the court alleging that there was not full compliance
with this section and the court, upon being satisfied that the
commissioner was not fully advised of the proceedings relative to the
filing and approval of the final report as provided in this section,
shall set aside its approval of said final report with the result that the
proceedings shall be reinstated as though no final report had been
filed in the first instance and shall proceed from that point in the
manner provided by law and not inconsistent with the provisions of
this section.
(Formerly: Acts 1947, c.208, s.3320.) As amended by P.L.144-1986,
SEC.142; P.L.18-1987, SEC.91; P.L.21-1995, SEC.124;
P.L.290-2001, SEC.28.
Last modified: May 27, 2006