06.15.100 Grounds for Official Dissolution.
(1) The Tribal Council or Court of Competent Jurisdiction may dissolve a non-profit corporation:
(A) In a proceeding brought on behalf of the Economic Development and Operations Committee or other agency or official of the Tribe if it is established that:
(i) The non-profit corporation obtained its articles of incorporation through fraud;
(ii) The non-profit corporation has continued to exceed or abuse the authority conferred upon it by law;
(iii) The non-profit corporation is a public benefit corporation and the corporate as sets are being misapplied or wasted; or
(iv) The non-profit corporation is a public benefit corporation and is no longer able to carry out its purposes.
(B) In a proceeding by members holding 25% of the voting power, or by a director, or by any person specified in the articles, if it is established that:
(i) The directors are deadlocked in the management of the non-profit corporate affairs, and the members, if any, are unable to break the deadlock;
(ii) The directors or those in control of the non-profit corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent;
(iii) The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have, or otherwise would have, expired;
(iv) The non-profit corporate assets are being misapplied or wasted; or
(v) The non-profit corporation is a public benefit corporation and is no longer able to carry out its purposes;
(C) 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 non-profit corporation is insolvent; or
(ii) The non-profit corporation has admitted in writing that the creditor’s claim is due and owing and the non-profit corporation is insolvent; or
(D) In a proceeding by the non-profit corporation to have its voluntary dissolution continued under Tribal Council or Court of Competent Jurisdiction supervision.
(2) Prior to dissolving a non-profit corporation, the Tribal Council or Court of Competent Jurisdiction shall consider whether:
(A) There are reasonable alternatives to dissolution;
(B) Dissolution is in the best interest of the Tribe, if the non-profit corporation is a public benefit corporation;
(C) Dissolution is the best way of protecting the interests of members, if the non-profit corporation is a mutual benefit corporation.