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§ 55a-14-30 — North Carolina Law | CourtGPT
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North Carolina Legal Code

§ 55a-14-30

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\n(a) The superior court may dissolve a corporation:\n(1) In a proceeding by the Attorney General if it is established that:\na. The corporation obtained its articles of incorporation through fraud; or\nb. The corporation has, after written notice by the Attorney General given at least 20 days prior thereto, continued to exceed or abuse the authority conferred upon it by law;\n(2) In a proceeding by a member or director, if it is established that:\na. The directors are deadlocked in the management of the corporate affairs, and the members, if any, are unable to break the deadlock;\nb. The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent;\nc. The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have, or would otherwise have, expired;\nd. The corporate assets are being misapplied or wasted; or\ne. The corporation is no longer able to carry out its purposes.\n(3) In a proceeding by a creditor if it is established that:\na.

expired;\nd. The corporate assets are being misapplied or wasted; or\ne. The corporation is no longer able to carry out its purposes.\n(3) In a proceeding by a creditor if it is established that:\na. The creditor's claim has been reduced to judgment and execution on the judgment has been returned unsatisfied; or\nb. The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent.\n(4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision.\n(b) Prior to dissolving a corporation, the court shall consider whether:\n(1) There are reasonable alternatives to dissolution;\n(2) Dissolution is in the public interest, if the corporation is a charitable or religious corporation; and\n(3) Dissolution is reasonably necessary for the protection of the rights or interests of the members, if any. (1955, c. 1230; 1985 (Reg. Sess., 1986), c. 801, s. 42; 1993, c. 398, s. 1.)