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HomeCorporations CodeCh. 17§ 8713 Corporate Asset Distribution Rules

§ 8713 Corporate Asset Distribution Rules

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8713 Corporate Asset Distribution Rules

Key Takeaways

  • •When a company is closing down, it must pay all its bills and debts first.
  • •After paying debts, the company can share what's left (like money or property) with its owners or shareholders.
  • •If a court is involved in closing the company, they must wait until the court says it's okay to share the leftover stuff.
  • •Some special things the company owns (that can't be sold to pay debts) can be shared early, even if not all bills are paid.

Example

A small toy company is shutting down because it’s not making money anymore.

The company must first pay all its workers, suppliers, and any loans it owes. After that, if there’s any money or toys left, it can give them to the owners. If a court is helping close the company, they have to wait for the court’s permission before giving anything away. But if the company owns something special, like a trademark that can’t be sold to pay debts, they might be able to give that to the owners early.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8713 Corporate Asset Distribution Rules

(a) After determining that all the known debts and liabilities of a corporation in the process of winding up have been paid or adequately provided for, the board shall distribute all the remaining corporate assets in the manner provided in Sections 8715 to 8717, inclusive. (b) If the winding up is by court proceeding or subject to court supervision, the distribution shall not be made until after the expiration of any period for the presentation of claims that has been prescribed by order of the court. (c) Anything to the contrary notwithstanding, assets, if any, which are not subject to attachment, execution or sale for the corporation’s debts and liabilities may be distributed pursuant to Sections 8715 to 8717, inclusive, even though all debts and liabilities have not been paid or adequately provided for. (Added by Stats. 1978, Ch. 567.)

Last verified: January 23, 2026

Key Terms

winding updebts and liabilitiesremaining corporate assetscourt proceedingattachment, execution or sale

Related Statutes

  • § 12653 Distribution Of Corporate Assets
  • § 6713 Corporate Asset Distribution Rules
  • § 8721 Corporate Asset Distribution Recovery
  • § 2004 Corporate Asset Distribution Rules
  • § 12661 Corporate Dissolution Winding Up

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 8713.
View Official Source