(f) That there are no suits pending against the corporation in any Court, or that adequate
provisions have been made for the satisfaction of any judgment, order, or decree which may be
entered against it in any pending suit.
Legislative History-Enacted 10/14/04, Resolu. 2005-04; Readopted 8/01/06, Resolu. 2006-524.
Section 36-41 Filing of Articles of Dissolution
36-41.01 Filing of Articles of Dissolution.
(a) Duplicate originals of such articles of dissolution shall be delivered to the Tribal Department of
Commerce.
(b) If the Tribal Department of Commerce finds that such articles of dissolution conform to law, it
shall, when all fees and charges have been paid as in this Chapter prescribed:
(1) Endorse on each of such duplicate original the word "filed", and the month, day, and
year of such filing thereof;
(2) File 1 of such duplicate original in their office;
(3) Issue a certificate of dissolution to which they shall affix the other duplicate original;
and
(4) Deliver the certificate of dissolution, together with the duplicate original of the articles of
dissolution affixed thereto, to the representative of the dissolved corporation.
(c) Upon the issuance of such certificate of dissolution, the existence of the corporation shall cease,
except for the purpose of suits, other proceedings, and appropriate corporate action by
members, directors, and officers as provided in this Chapter.
Legislative History-Enacted 10/14/04, Resolu. 2005-04; Readopted 8/01/06, Resolu. 2006-524.
Section 36-42 Involuntary Dissolution
36-42.01 Involuntary Dissolution.
(a) A corporation may be dissolved involuntarily by a decree of the Court in an action instituted by
the Tribal Department of Commerce in the name of the Spokane Tribe, when it is made to
appear to the Court that:
(1) The franchise of the corporation was procured through fraud; or
(2) The corporation has continued to exceed or abuse the authority conferred upon it by
this Chapter; or
(3) The corporation has failed for 90 days to appoint and maintain a registered agent as
provided in this Chapter; or
(4) The corporation has failed for 90 days after change of its registered office or registered
agent to deliver to the Tribal Department of Commerce statement of such change.
(b) At least 30 days before any action for the involuntary dissolution of a corporation shall be filed
by the Tribal Department of Commerce, it shall notify the corporation by certified or registered
mail addressed to such corporation at its registered office, a notice of their intention to file such
suit and the reasons therefore.
(1) If, before action is filed, the corporation shall submit satisfactory evidence that said
franchise was not procured through fraud or that the corporation has not exceeded or
abused such authority or shall appoint or maintain a registered agent as provided in this
Chapter, or deliver to the Tribal Department of Commerce, the required statement of
change or registered agent, the Tribal Department of Commerce shall not file an action
against such a corporation for such cause.
(2) If, after action is filed, for a reason stated in paragraph 3 or 4 of the preceding
subsection the corporation shall, as the case may be, appoint or maintain a registered
agent as provided in this Chapter, or shall deliver to the Tribal Department of
Commerce, the required statement of change of registered agent, and shall pay the
costs of such action, the action for such cause shall abate.
Legislative History-Enacted 10/14/04, Resolu. 2005-04; Readopted 8/01/06, Resolu. 2006-524.
346
Revised Spokane Law & Order Code, 5/14/2013