Winding up and termination

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Winding up and termination of an unincorporated nonprofit association must proceed in accordance with the following rules:

  1. (1) All known debts and liabilities must be paid or adequately provided for.

  2. (2) Any property subject to a condition requiring return to the person designated by the donor must be transferred to that person.

  3. (3) Any property subject to a trust must be distributed in accordance with the trust agreement.

  4. (4) Any remaining property must be distributed as follows:

    1. (A) as required by law other than this subchapter that requires assets of an association to be distributed to another person with similar nonprofit purposes;

    2. (B) in accordance with the association's governing principles or in the absence of applicable governing principles, to the members of the association per capita or as the members direct; or

    3. (C) if neither subparagraph (A) nor (B) applies, under the Unclaimed Property Act, § 18-28-201 et seq.


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