2333 - Appointment of custodian for statutory close corporation.

     § 2333.  Appointment of custodian for statutory close                corporation.        (a)  General rule.--In addition to the provisions of section     1767 (relating to appointment of custodian of corporation on     deadlock or other cause), the court, upon application of any     shareholder, may appoint one or more persons to be custodians     and, if the corporation is insolvent, to be receivers of any     statutory close corporation when:            (1)  pursuant to this subchapter, the business and        affairs of the corporation are managed by or under the        direction of the shareholders and they are so divided that        the business of the corporation is suffering or is threatened        with immediate and irreparable injury and any remedy with        respect to such deadlock provided in the bylaws or in any        written agreement of the shareholders has failed; or            (2)  the applicant shareholder has the right to the        dissolution of the corporation under a provision of the        articles permitted by section 2337 (relating to option of        shareholder to dissolve corporation).     A custodian appointed under paragraph (2) shall have the     authority to liquidate the affairs of the corporation and     distribute its assets.        (b)  Provisional director.--In lieu of appointing a custodian     for a statutory close corporation under subsection (a)(1) or     section 1767 or a receiver under Subchapter G of Chapter 19     (relating to involuntary liquidation and dissolution), the court     may appoint a provisional director, whose powers and status     shall be as provided in section 2334 (relating to appointment of     provisional director in certain cases), if the court determines     that it would be in the best interest of the corporation. The     appointment shall not preclude any subsequent order of the court     appointing a custodian or receiver for the corporation.        Cross References.  Section 2333 is referred to in section     2334 of this title.