§ 25-21,136.Dissolved corporation; trustees; appointment.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-21,136
Source
R.S.1867, Code § 719, p. 519; R.S.1913, § 8343; C.S.1922, § 9295; C.S.1929, § 20-21,127; R.S.1943, § 25-21,136.
Plain-English Summary
Ouster of a corporation does not end the story — someone still has to wind up its affairs, collect what it is owed, and pay what it owes. Section 25-21,136 starts that process. Once a corporation is ousted and dissolved by proceedings authorized under this article, the court appoints three disinterested persons as trustees of the creditors and stockholders.
Requiring three trustees, and requiring them to be disinterested, builds a check into the winding-up process from the outset: no single person controls the dissolved corporation’s remaining assets, and no one with a personal stake in the outcome sits in the trustee’s chair. The sections that follow spell out what those trustees must do — post bond, inventory the corporation’s assets, and collect its debts and property — before any remaining surplus reaches the people entitled to it.
Frequently Asked Questions
When does the court appoint trustees under this section?
After a corporation has been ousted and dissolved through the quo warranto proceedings authorized by this article.
How many trustees does the court appoint?
Three.
What does "disinterested" mean for a trustee appointed under this section?
It means the trustee has no personal stake in the outcome of winding up the dissolved corporation’s affairs, so the appointment does not go to someone with a conflict of interest.
Whose interests do the trustees represent?
The creditors and stockholders of the dissolved corporation.