§ 51A-6A-44 — Appointment of receiver--Bond--Qualifications--Report--Removal.

South Dakota § 51A-6A-44

• Jurisdiction: South Dakota
• Title 51A: BANKS AND BANKING
• Ch. 51A-6A: CREATION OF TRUST COMPANIES

Text

When the director takes charge of any trust company, the director shall ascertain its actual condition as soon as possible by making a thorough investigation into its affairs and condition. If the director is satisfied that the trust company cannot resume business or liquidate its indebtedness to the satisfaction of its creditors, the director shall appoint a receiver and require the receiver to give such bond as the director considers proper. The director also shall fix reasonable compensation for the receiver, but the compensation for the receiver is subject to the approval of the circuit court of the county in which the trust company is located upon the application of any party in interest. Any receiver shall have had at least five years of experience with financial institutions. However, upon written application made within thirty days after the findings of insolvency, the director shall appoint as receiver any person whom the holders of more than sixty percent of the claims against the trust company agree upon in writing. The creditors may also agree upon the compensation and charges to be paid the receiver. Any receiver so appointed shall make a complete report to the director covering the receiver's acts and proceedings as a receiver. The director may remove for cause any receiver and appoint the receiver's successor.

Legislative History

SL 1995, ch 268, § 42; SL 2005, ch 260, § 10.