Section 105. If a judgment has been recovered against a corporation and it has neglected for thirty days after demand made on execution to pay the amount due with the officer's fees, or to exhibit to the officer real or personal property belonging to it and subject to be taken on execution sufficient to satisfy the same and the execution has been returned unsatisfied, one or more receivers may be appointed with the powers and duties provided in, and subject to, section one hundred and four.
Notes of Decisions
George Altman, Inc. v. Vogue Internationale, Inc., 314 N.E.2d 913 (Mass. 1974).
“Altman was apparently seeking to allege sufficient facts to justify the appointment of a receiver pursuant to G. L. c. 156B, § 105. 1 Altman alleged that it had obtained a judgment and execution against Vogue in February, 1972, and that, despite numerous attempts by deputy…”
First Nat'l Bank v. Sullivan, 350 N.E.2d 473 (Mass. App. Ct. 1976).
“Without being exhaustive, “diligent” efforts to “secure payment” will require the prosecution of proceedings against Norfolk under G. L. c. 156B, § 105, before Loew can resort to the captive securities of Norfolk.”
Smola v. Manuel Camara, Jr. Ins. Agency, Inc., 16 Mass. App. Ct. 908 (Mass. App. Ct. 1983).
“Although such jurisdiction may not have been conferred on the Probate Court by G. L. c. 156B, § 105 (compare Foster v. Evans, 384 Mass.”
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