Winding up of a nonprofit association must proceed in accordance with the following rules:
(1) All known debts and liabilities shall be paid or adequately provided for.
(2) Any property subject to a condition requiring return to the person designated by the donor shall be transferred to that person.
(3) Any property subject to a trust shall be distributed in accordance with the trust agreement.
(4) Any property committed to a charitable purpose shall be distributed in accordance with that purpose unless the nonprofit association obtains a court order under 20 Pa.C.S. Ch. 77 (relating to trusts) specifying the disposition of the property.
(5) Any remaining property shall be distributed as follows:
(i) Distribution shall be made:
(A) in accordance with the governing principles of the nonprofit association; or
(B) in the absence of applicable governing principles, to the members of the nonprofit association:
(I) per capita; or
(II) as the members direct.
(ii) If subparagraph (i) does not apply, distribution shall be made under Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.
(July 9, 2013, P.L.476, No.67, eff. 60 days)
2013 Amendment. Act 67 added section 9135.
Cross References. Section 9135 is referred to in sections 9132, 9134 of this title.
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