14A:14-2. Jurisdiction of the superior court; appointment of receiver
(1) A receivership action may be brought in the Superior Court by
(a) a creditor whose claim is for a sum certain or for a sum which can by computation be made certain; or
(b) a shareholder or shareholders who individually or in combination own at least ten per cent of the outstanding shares of any class of the corporation; or
(c) the corporation, pursuant to resolution of its board.
(2) The action shall be based upon at least one of the following grounds:
(a) the corporation is insolvent;
(b) the corporation has suspended its ordinary business for lack of funds;
(c) the business of the corporation is being conducted at a great loss and greatly prejudicial to the interests of its creditors or shareholders.
(3) The court may proceed in the action in a summary manner or otherwise. It shall have power to appoint and remove one or more receivers of the corporation from time to time, and to enjoin the corporation, its officers and agents, from exercising any of its privileges and franchises, and from collecting or receiving any debts, or paying out, selling, assigning or transferring any of its property, except to a receiver, and except as the court may otherwise order. The court shall have such further powers as shall be appropriate for the fulfillment of the purposes of this chapter.
(4) Every receiver shall, before assuming his duties, execute and file a bond in the office of the Clerk of the Superior Court, with such sureties and in such form as the court shall approve.
L.1968, c.350.
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Last modified: October 11, 2016