LD 1534
pg. 16
Page 15 of 20 PUBLIC Law Chapter 322 Page 17 of 20
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LR 1922
Item 1

 
Dissolution is effective upon the superintendent's acceptance
of articles of dissolution for filing with the bureau.__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.

 
B.__The person appointed by the superintendent as a receiver
may be the superintendent, a deputy or any other person,
including the agency insuring the credit union's accounts
pursuant to section 836, as the superintendent may choose,
and a certified copy of the order making such an appointment
is evidence of the appointment.__The receiver need not post
a bond.__The receiver has the power and authority provided
in this Title and any other powers and authority as may be
expressed in the order of the superintendent.

 
C.__If the superintendent or a deputy is appointed receiver,
no additional compensation need be paid, but any reasonable
and necessary expenses of the superintendent or deputy as
receiver must be paid by the credit union.__If another
person is appointed, then the compensation of the receiver
must be paid from the assets of that credit union.

 
D.__In the event that the federal agency insuring the credit
union's shares or accounts pursuant to section 836 accepts
an appointment as receiver, the agency shall acquire both
legal and equitable title to all assets, rights or claims
and to all real and personal property of the credit union to
the extent necessary for the agency to perform its duties as
receiver under applicable federal law to effectuate the
appointment.__If the agency pays or makes available for
payment the insured shares of a credit union by reason of
actions taken pursuant to this section, the agency is
subrogated to the rights of all the members of the credit
union, whether or not it has become receiver of the credit
union, in the same manner and to the same extent as it would
be subrogated in the receivership of a credit union
operating under a federal charter and insured by the agency.


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