Court proceeding.

Checkout our iOS App for a better way to browser and research.

(1) Upon application by a dissolved limited cooperative association that has published a notice under section 7-90-912, the proper court may determine the amount and form of security to be provided for payment of claims against the association that are contingent, have not been made known to the association, or are based on an event occurring after the effective date of dissolution but that, based on the facts known to the association, are reasonably anticipated to arise after the effective date of dissolution.

  1. Not later than ten days after filing an application under subsection (1) of this section,a dissolved limited cooperative association shall give notice of the proceeding to each known claimant holding a contingent claim.

  2. The court may appoint a representative in a proceeding brought under this section torepresent all claimants whose identities are unknown. The dissolved limited cooperative association shall pay reasonable fees and expenses of the representative, including all reasonable attorney fees and expert witness fees.

  3. Provision by the dissolved limited cooperative association for security in the amountand the form ordered by the court satisfies the association's obligations with respect to claims that are contingent, have not been made known to the association, or are based on an event occurring after the effective date of dissolution, and the claims shall not be enforced against a member that received a distribution.

Source: L. 2011: Entire article added, (SB 11-191), ch. 197, p. 808, § 1, effective April 2, 2012.


Download our app to see the most-to-date content.