(1) In liquidating a
trust company, the commissioner may exercise any power of the trust company and
shall collect all assets, debts, and claims belonging to the trust company. Unless
the commissioner obtains the approval of the court in which notice of possession
has been filed by petition setting forth the material facts and upon such notice to
the officers, directors, or stockholders in such form as the court may require, the
commissioner shall not:
(a) Sell any asset of the trust company having a value in excess of five
hundred dollars;
(b) Compromise or release any claim if the amount of the claim exceeds five
hundred dollars, exclusive of interest;
(c) Make any payment on any claim, other than a claim upon an obligation
incurred by the commissioner, before preparing and filing a schedule of the
commissioner's determinations in accordance with this article 109.
(2) Within six months after the commencement of liquidation, the
commissioner may, by election, terminate any executory contract for services or
advertising to which the trust company is a party or any obligation of the trust
company as a lessee. A lessor who receives at least sixty days' notice of the
commissioner's election to terminate the lease shall have no claim for rent, other
than rent accrued to the date of termination, nor for damages for such termination.
(3) The right of any agency of the United States insuring savings obligations
to be subrogated to the rights of depositors upon payment of their claims shall not
be less extensive than the law of the United States requires as a condition of the
authority to issue such insurance or make such payments to depositors of trust
companies.
(4) As soon after the commencement of liquidation as is practicable, the
commissioner shall send notice of the liquidation to each known depositor, creditor,
and bailor of property held by the trust company at the address shown in the
records of the trust company. The notice shall also be published once a week for
three successive weeks, in a newspaper of general circulation in the city or county
in which the trust company is located. With each notice, the commissioner shall
send a statement of the amount shown in the records of the trust company to be
the claim of the depositor, creditor, or bailor. The notice shall demand that property
held by the trust company as bailee be withdrawn by the person entitled thereto
and the claim of a depositor or creditor, if the amount claimed differs from the
amount stated in the notice to be due, be filed with the commissioner before a
specified date, not earlier than sixty days thereafter, in accordance with the
procedure prescribed in the notice.
(5) Any unclaimed property, including the contents of safe deposit boxes,
held by the trust company as bailee and certified inventories thereof shall be held
by the commissioner for six years unless sooner claimed by the person entitled to
such property. After six years the commissioner may sell or otherwise appropriately
dispose of the property. The proceeds of a sale shall be transferred and disposed of
in accordance with the provisions of subsection (10) of this section.
(6) Within six months after the last day specified in the notice for the filing of
claims, or within such longer period as may be allowed by the court in which notice
of possession has been filed, the commissioner shall:
(a) Reject any claim if the commissioner determines the invalidity thereof;
(b) Determine the amount, if any, owing to each known creditor or depositor
and the priority class of such claim under this article;
(c) Prepare a schedule of the commissioner's determinations for filing in the
court in which notice of possession was filed;
(d) Notify each person whose claim has not been allowed in full and publish
once a week for three successive weeks, in a newspaper of general circulation in
the city or county in which the trust company is located, a notice of the time when
and the place where the schedule of determinations will be available for inspection
and the date, not sooner than thirty days thereafter, when the commissioner will file
the schedule in court. If there is no newspaper of general circulation in such city or
county, then publication shall be in the newspaper of general circulation published
nearest thereto.
(7) Within twenty days after the filing of the commissioner's schedule, the
federal deposit insurance corporation or any creditor, depositor, or stockholder may
file an objection to any determination made that adversely affects or may adversely
affect such objector. Any objections so filed shall be heard and determined by the
court upon such notice to the commissioner and interested claimants as the court
may prescribe. If the objection is sustained, the court shall direct an appropriate
modification of the schedule. After filing the schedule, the commissioner may, from
time to time, make partial distribution to the holders of claims that are undisputed
or have been allowed by the court if a proper reserve is established for the payment
of disputed claims. As soon as is practicable after the determination of all
objections, the commissioner shall make final distribution.
(8) (a) The following claims shall have priority in the order specified:
Obligations incurred by the commissioner; wages and salaries of officers and
employees earned during the three-month period preceding the commissioner's
possession in an amount not exceeding five thousand dollars for any one person;
fees and assessments due to the commissioner; amounts that the federal deposit
insurance corporation are entitled to receive on account of their subrogation to the
claims of depositors; all other claims for savings obligations; claims of secured
creditors to the extent of the value of their collateral; and all other claims.
(b) After the payment of all other claims, the commissioner shall pay claims
otherwise proper that were not filed within the time prescribed. If the sum available
for any class is insufficient to provide payment in full, such sum shall be distributed
to the claimants in the class pro rata.
(9) Any assets remaining after all claims have been paid shall be distributed
to the stockholders in accordance with their respective interests.
(10) Unclaimed funds remaining after final distribution has been made by the
commissioner shall be retained for six years by the commissioner unless sooner
claimed by the owner. At the expiration of such period, the remaining sum shall be
transferred to the treasury of the county in which the trust company is located. The
county treasurer and the county treasurer's successors shall hold such money in
trust for a period of six years, unless the money is sooner paid out to the beneficial
owner or owners or a suit is instituted to recover such money or a portion thereof.
Any money remaining in the fund six years after such money is paid into the
treasury of the county, for the recovery of which no action is pending, shall be
transferred to the general fund of the county, and all rights of the former beneficial
owners of such money to recover the money shall be forever barred.
(11) When the final distribution of the proceeds of liquidation has been made
in accordance with this article, the commissioner shall file an account with the
court in which notice of possession was filed. Upon approval thereof, the
commissioner shall be relieved of liability in connection with the liquidation and
shall cancel the charter.