3656

(a) The Court of First Instance (Superior Part), upon application of any stockholder, may appoint one (1) or more persons to be custodian or custodians, and, if the corporation is insolvent, to be receiver or receivers, of and for any corporation when:\n(1) At any meeting held for the election of directors the stockholders are so divided that they have failed to elect successors to directors whose terms have expired or would have expired upon qualification of their successors; or\n(2) the business of the corporation is suffering or is threatened with irreparable injury because the directors are so divided respecting the management of the affairs of the corporation that the required vote for action by the board of directors cannot be obtained and the stockholders are unable to terminate this division, or\n(3) the corporation has abandoned its business and has failed within a reasonable time to take steps to dissolve, liquidate or distribute its assets.\n(b) A custodian appointed under this section shall have all the powers to continue the business of the corporation and not to liquidate its affairs and distribute its assets, except when the Court of First Instance (Superior Parts)

this section shall have all the powers to continue the business of the corporation and not to liquidate its affairs and distribute its assets, except when the Court of First Instance (Superior Parts) shall otherwise order and except in cases arising under subsection (a)(3) of this section or subsection (a)(2) of § 3835 of this title.\nHistory —Dec. 16, 2009, No. 164, § 7.16.