Missouri Laws 361.420 – Procedure of director to obtain possession of pleadings in actions against ..
1. When the director is in possession of the business and property of any such corporation, and attorneys’ liens are asserted by attorneys of such corporation against any causes of action to which such corporation is a party, or against pleadings or other papers in the possession of such attorneys relating to such causes of action, or if such liens are asserted against any evidences of title to any assets or against any of the assets of such corporation, then in the possession of such attorneys, the director may institute special proceedings and petition the court to fix and determine the amount of said liens.
2. Such proceedings shall be instituted in the county or city in which the principal office of such corporation is located.
Terms Used In Missouri Laws 361.420
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- In vacation: includes any adjournment of court for more than one day whenever any act is authorized to be done by or any power given to a court, or judge thereof in vacation, or whenever any act is authorized to be done by or any power given to a clerk of any court in vacation. See Missouri Laws 1.020
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Property: includes real and personal property. See Missouri Laws 1.020
3. Upon application of the director and upon notice to such attorneys to be prescribed by the court, the court or judge thereof in vacation, may, by order prior to final order in such proceeding, direct such attorneys to deliver to the director all property of such corporation, against which such liens are asserted, together with such consents to substitution of attorneys as the court may direct, upon the director furnishing security to such attorneys in the manner and to an amount to be fixed by the court.