§ 19-12-1. Application for receivership.
(a) The director, or the director's designee, is empowered immediately to take possession
of any financial institution, credit union, or other licensee under this title and
its assets if, upon examination, any financial institution or credit union, which
has or has not invoked the conservatorship provisions or the voluntary liquidation
provisions of this title, appears to be insolvent by reason of:
(1) The financial institution's, credit union's, or other licensee's financial condition
is such that the sum of the financial institution's, credit union's, or other licensee's
debts are greater than all of the financial institution's, credit union's, or other
licensee's property at a fair valuation, exclusive of property transferred, concealed,
or removed with intent to hinder, delay, or defraud the financial institution's, credit
union's, or other licensee's creditors or because it is generally not paying or is
unable to pay its debts as they become due; or
(2) The financial institution's, credit union's, or other licensee's condition is such
as to render the continuance of its business hazardous to the public or to those having
funds in its custody; or
(3) The financial institution, credit union, or other licensee has failed to maintain
adequate deposit insurance as required by this title; or
(4) The financial institution, credit union, or other licensee has failed to remedy unsafe
or unsound practices in violation of a cease and desist order.
(b) The director may apply to the superior court for the appointment of the director,
or one of the director's deputies as receiver. In the case when a financial institution's
or credit union's deposits are insured by the Federal Deposit Insurance Corporation,
the National Credit Union Administration, or any other agency or instrumentality of
the United States that insures the deposits of the financial institution or credit
union, as a receiver or receivers of the financial institution, credit union, or other
licensee, the receiver may request an injunction to restrain the financial institution,
credit union, or other licensee under this title, in whole or in part, from further
proceeding with its business, and the court shall have jurisdiction in equity of the
application.