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Proceedings upon application of shareholder or director - 15 Pa. Cons. Stat. § 1981Legal Research Home > Pennsylvania Statutes
SUBCHAPTER G
INVOLUNTARY LIQUIDATION AND DISSOLUTION
Sec.
1981. Proceedings upon application of shareholder or director.
1982. Proceedings upon application of creditor.
1983. (Reserved).
1984. Appointment of receiver pendente lite and other interim
powers.
1985. Liquidating receiver.
1986. Qualifications of receivers.
1987. Proof of claims.
1988. Discontinuance of proceedings; reorganization.
1989. Articles of involuntary dissolution.
Cross References. Subchapter G is referred to in sections
1767, 1932, 1976, 1979, 2333, 2334 of this title.
§ 1981. Proceedings upon application of shareholder or
director.
(a) General rule.--Upon application filed by a shareholder
or director of a business corporation, the court may entertain
proceedings for the involuntary winding up and dissolution of
the corporation when any one of the following is made to appear:
(1) The acts of the directors, or those in control of
the corporation, are illegal, oppressive or fraudulent and
that it is beneficial to the interests of the shareholders
that the corporation be wound up and dissolved.
(2) The corporate assets are being misapplied or wasted
and that it is beneficial to the interests of the
shareholders that the corporation be wound up and dissolved.
(3) The directors are deadlocked in the direction of the
management of the business and affairs of the corporation and
the shareholders are unable to break the deadlock and that
irreparable injury to the corporation is being suffered or is
threatened by reason thereof. The court shall not appoint a
receiver or grant other similar relief under this paragraph
if the shareholders by agreement or otherwise have provided
for the appointment of a provisional director or other means
for the resolution of a deadlock but the court shall enforce
the remedy so provided if appropriate.
(b) Cross reference.--See section 2536 (relating to
application by director for involuntary dissolution).
Cross References. Section 1981 is referred to in section
1767 of this title.
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Last modified: November 27, 2007 |
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