17-6808. Trustees or receivers for dissolved corporations; appointment; powers. When any corporation organized under this code shall be dissolved in any manner whatever, the district court, on application of any creditor, stockholder or director of the corporation, or any other person who shows good cause therefor, at any time, may either appoint one or more of the directors of the corporation to be trustees, or appoint one or more persons to be receivers, of and for the corporation, to take charge of the corporation's property, and to collect the debts and property due and belonging to the corporation, with power to prosecute and defend, in the name of the corporation, or otherwise, all such suits as may be necessary or proper for the purposes aforesaid, and to appoint an agent or agents under them, and to do all other acts which might be done by the corporation, if in being, that may be necessary for the final settlement of the unfinished business of the corporation. The powers of the trustees or receivers may be continued as long as the court shall think necessary for the purposes aforesaid.
History: L. 1972, ch. 52, § 98; L. 1988, ch. 99, § 49; Revived and amended, L. 1988, ch. 100, § 49; L. 2004, ch. 143, § 60; L. 2016, ch. 110, § 84; July 1.
Source or Prior Law:
17-3607; 8 Del. C. § 279.
Cross References to Related Sections:
Dissolution, see 17-6803 through 17-6806.
Continuation of corporate existence after dissolution, see 17-6807.
Effect of dissolution on pending action, see 17-6811.
Receivers, see chapter 17, article 69.
CASE ANNOTATIONS
1. K.S.A. 17-1366 through 17-1368 relative to abandoned cemeteries and dissolution of cemetery corporations held permissible exercise of police power. State ex rel. Stephan v. Lane, 228 Kan. 379, 391, 614 P.2d 987 (1980).
2. Dissolved corporation may sue or be sued during time trustee or receiver is acting pursuant to statute. Patterson v. Missouri Valley Steel, Inc., 229 Kan. 481, 485, 486, 491, 625 P.2d 483 (1981).
3. Service upon resident agent of dissolved corporation during three year wind-up period constitutes valid service on corporation. Vogel v. Missouri Valley Steel, Inc., 229 Kan. 492, 494, 495, 496, 625 P.2d 1123 (1981).
4. Dissolved corporation still existed in Kansas; bankruptcy count had jurisdiction over involuntary Chapter 7 action. In Re Liberal Mack Sales, Inc., 24 B.R. 707, 711 (1982).
5. Three-year period of K.S.A. 17-6807 not applicable to trustee or receiver representing dissolved corporation; appointment may occur more than three years after dissolution. Glazer v. Motor Parts Rebuilders, Inc., 865 S.W.2d 371 (Mo.App.W.D.1994).
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