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| Sec. 4. 9-B MRSA §365, sub-§1-A, as amended by PL 1997, c. 398, Pt. H, | §4, is further amended to read: |
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| | 1-A. Appointment of receiver. If, upon examination of a | financial institution, the superintendent is of the opinion that | it is insolvent or that its condition renders its further | proceedings hazardous to the public or to those having funds | including trust assets in its custody, the superintendent may | order the institution closed and appoint a receiver who shall | proceed to close liquidate the financial institution. |
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| | Sec. 5. 9-B MRSA §365, sub-§11 is enacted to read: |
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| | 11.__Immunity from civil liability.__A person serving as a | receiver is immune from any civil liability, in the same manner | as and to the same extent as employees of governmental entities | are under the Maine Tort Claims Act, for acts performed within | the scope of the receiver's duties. |
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| | Sec. 6. 9-B MRSA §367-A is enacted to read: |
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| §367-A.__Additional authority in conservation and liquidation |
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| | 1.__Attachments and preferences.__The superintendent or a | conservator or receiver may bring an action: |
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| A.__To dissolve all attachments on the property of a | financial institution made within 4 months before the | appointment made under section 363-A or 365; |
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| B.__To void as a preference any transfer made after, or in | contemplation of, the appointment__under section 363-A or | 365; and |
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| C.__To discontinue all actions pending against the financial | institution. |
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| | 2.__Injunctions.__Whenever proceedings are instituted under | this chapter, the Superior Court may issue an injunction | restraining all persons from proceeding against the financial | institution described in section 363-A or 365 until termination | of conservatorship or final liquidation, including trustee | processes. |
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| | 3.__Other authority.__The superintendent, conservator or | receiver may disaffirm or repudiate any contract or lease to | which the financial institution is a party, fix the rights of the | claimants and adjudicate and fix the time and mode of payment of | all claims, accounts and deposits having priority. |
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