Legal Question in Business Law in Indiana

Non-profit Admin Dissolved re-instatement

I am working to re-instate an Admin Dissolved Non-profit. The corp. has been dissolved since '99. The last Pres and Secy. are the caretakers of the corp. real property. They stated they are going to re-instate the corp. without having a publice meeting to elect a new Board. Can they do that? If not, what action must be taken to prevent it? They have continued to operate the corp. during the period since declaration of dissouloution.

Thanks

Mike


Asked on 3/10/04, 6:18 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Non-profit Admin Dissolved re-instatement

A dissolved corporation with without power to act. But what do you want to do about it? You could probably have a receiver appointed to wrap up corporate affairs, but that will reduce available resources. The people conducting a dissolved corporation's business could be exposed to personal liability if anything goes wrong. Among the bad consequences for a non-profit corporation could be adverse tax implications for donors and beneficiaries. I think the situation calls for careful cooperative consideration by all parties. You too.

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Answered on 3/11/04, 2:34 pm


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