§ 23-35-704 — Suspension of operations - Involuntary liquidation

(a) If it shall appear that any credit union is bankrupt or insolvent, that it has willfully violated any of the provisions of this chapter, or that it is operating in an unsafe or unsound manner, the State Credit Union Supervisor shall issue an order temporarily suspending the credit union's operations. The board of directors of the credit union shall be given notice by registered mail of the suspension, which notice shall include a list of the reasons for the suspension and a list of the specific violations of this chapter. (b) Upon receipt of the suspension notice, the credit union shall immediately cease all operations. (c) The directors of the credit union shall then file a reply to the suspension notice with the supervisor within fifteen (15) days. They may request a hearing to present a plan of corrective actions proposed if they desire to continue operations, or they may request that the credit union be declared insolvent and that a liquidating agent be appointed. (d) (1) If the credit union fails to answer the suspension notice or request a hearing, the supervisor may then revoke the credit union's charter, appoint a liquidating agent, and liquidate the credit union in accordance with § 23-35-705 . (2) (A) If the supervisor, after issuing notice of suspension and providing opportunity for a hearing, rejects the credit union's plan to continue operations, the supervisor may issue a notice of involuntary liquidation and appoint a liquidating agent. (B) The credit union may request a stay of execution of this action by appealing to the circuit court of the jurisdiction in which the credit union is located. (C) Involuntary liquidation may not be ordered prior to following the suspension procedures outlined in this section.

Legislative History

Acts 1971, No. 132, §§ 37, 38; A.S.A. 1947, §§ 67-937, 67-938.