South Carolina § 34-7-40 Petition and order for reorganization meeting.

South Carolina Statutes

§ 34-7-40 — Petition and order for reorganization meeting.

South Carolina § 34-7-40

Title 34BANKING, FINANCIAL INSTITUTIONS AND MONEY

Ch. 7REORGANIZATION OF INSOLVENT BANKS

This text of South Carolina § 34-7-40 (Petition and order for reorganization meeting.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 34-7-40 (2026).

Text

In the event as many as five per cent in number and amount of depositors and stockholders file a petition, duly verified, with the resident or presiding judge of the circuit in which such bank is situate, setting forth that, in their opinion:

(1)It would be to the advantage of the depositors and unsecured creditors to reorganize and reopen such bank for business;

(2)Under such reorganization plan the depositors and unsecured creditors would receive a larger percentage of their claims than would be paid under a liquidation in court; and (3) It is feasible to reopen the bank on such plan; And should such representations appear to the satisfaction of the judge to be true, the court shall fix by order a time and place for the holding of a meeting of depositors, creditors and stockholders of

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In the event as many as five per cent in number and amount of depositors and stockholders file a petition, duly verified, with the resident or presiding judge of the circuit in which such bank is situate, setting forth that, in their opinion: (1) It would be to the advantage of the depositors and unsecured creditors to reorganize and reopen such bank for business; (2) Under such reorganization plan the depositors and unsecured creditors would receive a larger percentage of their claims than would be paid under a liquidation in court; and (3) It is feasible to reopen the bank on such plan; And should such representations appear to the satisfaction of the judge to be true, the court shall fix by order a time and place for the holding of a meeting of depositors, creditors and stockholders of such institution for the purpose of considering and determining upon a plan for the reorganization and reopening of such institution.