86-362
A.C.A. Section 4-28-222. How is voluntary dissolution of a non-profit corporation accomplished? ANSWER: There is no statutory procedure, but could probably amend the articles of incorporation to state a specific duration of the corporation. See also, A.C.A. 4-28-205.
Cite as Ark. Op. Att'y Gen. 86-362
STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
201 EAST MARKHAM STREET .
HERITAGE WEST BUILDING (501) 371-2007
STEVE CLARK
ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201
August 28, 1986
OPINION .NO. 86-362
Honorable Bill McCuen
Secretary of State
State Capitol
Little Rock, AR 72201
RE: Interpretation of Ark. Stat. Ann. §64-1918
Dear Mr. McCuen:
In response to your June 2, 1986 letter requesting an
opinion pertaining to dissolution of a non-profit corpora-
tion, I concur with your statement that the relevant Arkan-
sas Statutes do not provide a specific method for voluntary
dissolution.
However, please note that the criteria for articles for
incorporation as set forth by Ark. Stat. Ann. §$64-1905 at
Subsection (b) thereof do not require that the duration of
the corporation be perpetual. -
Therefore, I would assume a lawyer wishing to dissolve a
non-profit corporation could do so by amending the articles
of incorporation so as to designate a specific duration
period of the corporate entity involved and thereafter com-
ply with the requirements of Ark. Stat. Ann. §64-1924 con-
cerning disposition of assets upon dissolution.
Note further, that since a court order is required to
approve the original articles, it would follow that a court
order would be required approving any amendment and such an
- amendment could act for the plan of dissolution: Note that
$64-1924 by its very terms contemplates dissolution of a
non-profit corporation by means other than involuntary dis-
solution for cause.
The foregoing opinion which I hereby approve was prepared by
Deputy Attorney General Dan Kennett. ;
Sincerely,
Chuik/
\ Steve Clark
eS Attorney General
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