§ 7-2-23 — Limitation of action -- Tolling of period.

(1) If applicable law, an order entered in any proceeding, any cause of action arising under this chapter, or an agreement, fixes a period within which the institution, the commissioner, or any receiver or liquidator appointed under Section 7-2-9 may commence an action, and the period has not expired before the date of possession by the commissioner, the receiver or liquidator may commence an action only before the later of:

(1)(a) the end of the period;
(1)(b) three years after the date of appointment of a receiver or liquidator under Section 7-2-9; or
(1)(c) three years after the date of possession by the commissioner.
(2) No statute of limitations as to any cause of action against an officer or director of a depository institution begins to run as to the commissioner or any receiver or liquidator appointed under Section 7-2-9 until the date the commissioner takes possession of the institution under this chapter.

Legislative History

Enacted by Chapter 267, 1989 General Session