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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - 36 U.S.C. § 153713 - U.S. Code - Unannotated Title 36. Patriotic and National Observances, Ceremonies, and Organizations § 153713. Distribution of assets on dissolution or final liquidation - last updated January 01, 2024 | https://codes.findlaw.com/us/title-36-patriotic-and-national-observances-ceremonies-and-organizations/36-usc-sect-153713/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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