LD 1534
pg. 15
Page 14 of 22 An Act To Amend the Maine Banking Laws Page 16 of 22
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LR 1922
Item 1

 
receiver determines that adequate funds exist or will be
recovered during the liquidation to pay in full all claims of
any higher priority.__If a surplus remains after making
distribution in full on all allowed claims described in
paragraph E, subparagraph (2), division (a) to (i), the
surplus must be distributed pro rata to the credit union's
members.

 
I.__A credit union liquidating voluntarily may not continue
in existence for more than 3 years after approval of
dissolution, unless an extension is granted by the
superintendent for good cause shown in an application filed
prior to expiration of the 3-year period.

 
J.__After all debts, liabilities and obligations of the
credit union are paid or discharged or otherwise adequately
provided for, the credit union shall file articles of
dissolution with the Secretary of State where the original
certificate of organization is recorded.__Articles of
dissolution must set forth:

 
(1)__The name and address of the credit union;

 
(2)__The date dissolution was approved;

 
(3)__A statement of how dissolution was approved;

 
(4)__A report of liquidating activities; and

 
(5)__Such other information as the superintendent may
require.

 
Dissolution is effective upon the superintendent's
acceptance of articles of dissolution for filing with the
bureau, after recording.__At the time of the
superintendent's acceptance of the filing, the credit union
ceases to exist, except for the purposes of suits or other
proceedings provided for by law.

 
2.__Involuntary dissolution.__This subsection governs the
involuntary dissolution of a credit union.

 
A.__If, upon examination of a credit union, the
superintendent determines that the credit union is insolvent
or that the credit union is operating in an unsafe or
unsound manner, the superintendent may appoint a receiver
who shall proceed to close the credit union.__The credit
union shall remain in existence for the purpose of winding
up its affairs.


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