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.

Year: 1986Length: 266 wordsOfficial source

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 jsc:DKidc
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. | Justis AI