GroundRules
← Search the law
Arkansas · Snapshot Arkansas Code Release 78 (2020-11), retrieved 2026-09-17; absent from the newer snapshot, which serves other sections of this chapter, so it may since have been repealed or amended

Ark. Code Ann. § 4-33-1430: Grounds for judicial dissolution.

Read at publisher ↗
Where this section sits in the code
  1. Title 4 Business and Commercial Law
  2. Subtitle 3. Corporations and Associations
  3. Chapter 33 The Arkansas Nonprofit Corporation Act of 1993
  4. Subchapter 14 — Dissolution
  5. Part C — Judicial Dissolution

(a) The circuit court may dissolve a corporation:

(1) in a proceeding by the attorney general if it is established that:

(i) the corporation obtained its articles of incorporation through fraud;

(ii) the corporation has continued to exceed or abuse the authority conferred upon it by law; or

(iii) the corporation is a public benefit corporation and the corporate assets are being fraudulently misapplied or wasted.

(2) except as provided in the articles or bylaws of a religious corporation, in a proceeding by fifty (50) members or members holding five percent (5%) of the voting power, whichever is less, or by a director or any person specified in the articles, if it is established that:

(i) the directors are deadlocked in the management of the corporate affairs, and the members, if any, are unable to breach the deadlock;

(ii) the directors or those in control of the corporation have acted, are acting or will act in a manner that is illegal or fraudulent;

(iii) the members are deadlocked in voting power and have failed, for a period that includes at least two (2) consecutive annual meeting dates, to elect successors to directors whose terms have, or would otherwise have, expired; or

(iv) the corporate assets are being fraudulently misapplied or wasted.

(3) in a proceeding by a creditor if it is established that:

(i) the creditor's claim has been reduced to judgment, the execution on the judgment returned unsatisfied and the corporation is insolvent; or

(ii) the corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent.

(4) in a proceeding by the corporation to have its voluntary dissolution continued under court supervision.

(b) Prior to dissolving a corporation, the court shall consider whether:

(1) there are reasonable alternatives to dissolution;

(2) dissolution is in the public interest, if the corporation is a public benefit corporation; and

(3) dissolution is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation.

Collected 2026-09-17T21:07:03Z. Source file · JSON

Browse this collection