New Jersey § 17:12b-228
Full text of New Jersey New Jersey Statutes § 17:12b-228, with citation guidance and answers to common questions.
§ 17:12b-228.
Action by the board and the members. Trustees. Commissioner's approval. Any association may be dissolved as follows: Its board may adopt a resolution declaring
that in its opinion it is advisable and for the best interests of its members that
it be dissolved, its business and affairs wound up and its assets liquidated and distributed. Such resolution shall fix the time and place for a meeting of the members to take
action thereon. Notice of the adoption of such resolution, and of the time, place and object of
such members' meeting shall be mailed to each member at least 10 days prior to the
date fixed for such meeting. The meeting may be adjourned from time to time. If 2 / 3 in interest of the members present at the members' meeting shall favor dissolution
and liquidation, the members shall then elect, at said meeting, 3 trustees to manage
and direct the affairs of the association during liquidation. Said trustees may exercise, in the name of the association, any and all of its powers
except those which may be expressly reserved to its members by the provisions of its
by-laws or this act. More than 3 trustees may be elected if the commissioner consents thereto in writing. The candidates receiving the highest number of votes shall be declared elected. No person who has served as an officer, director, attorney or employee of such association
prior to the date of the election of the trustees, shall be elected a trustee unless
prior to such election there shall have been filed with the association the approval
by the commissioner of such person's candidacy for trustee. No person who is indebted to the association shall be eligible for election as trustee. Each trustee shall be a member of the association. Members may vote at such meeting in person or by proxy. Within 5 days after such members' meeting, the association shall file with the commissioner,
a certificate signed by its president and secretary which shall state the name of
the association; the dates upon which its board and its members met and acted with
respect to dissolution and liquidation; the names and addresses of the persons who
were elected as trustees; and that attached thereto are true copies of the resolutions
adopted at said meetings of the board and of the members respectively, with respect
to dissolution and liquidation, and of the notice mailed to members, together with
proof of mailing thereof. Within 5 days after said certificate and the documents required to be attached thereto
shall have been filed with the commissioner, he shall determine whether the proceedings
certified to therein have been taken in accordance with the provisions of this section,
and if he is satisfied that they have, he shall forthwith date and issue to the association
a certificate of dissolution and thereupon the association shall be dissolved and
proceed to liquidate as herein provided.
Frequently Asked Questions About New Jersey § 17:12b-228
What does New Jersey Statutes § 17:12b-228 cover?
Section 17:12b-228 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 17:12b-228?
A common citation format is "New Jersey Statutes § 17:12b-228" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 17:12b-228 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.