LD 949
pg. 4
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LR 444
Item 1

 
§363-A.__Conservation of assets

 
1.__Appointment of conservator.__Whenever, in the judgment of
the superintendent, because of unsafe or unsound practice in
conducting the business of a financial institution or other
potentially hazardous condition, it is necessary to conserve or
revalue the assets of the financial institution or to reorganize
and put into sound condition the financial institution for the
benefit of depositors, beneficiaries of fiduciary accounts,
creditors or the public, the superintendent may issue an order
describing the unsafe, unsound or other hazardous condition and
appointing one or more conservators for the financial
institution, who shall endeavor promptly to remedy the condition
or conditions stated in the order.

 
A.__The superintendent may require a bond as the
superintendent determines proper and issue orders as
necessary to carry out the provisions of this section.__The
superintendent may appoint a deputy superintendent or other
person, including the federal corporation insuring the
financial institution's accounts pursuant to section 422, as
conservator.

 
B.__A conservator, in addition to the powers set forth
elsewhere in this chapter and other powers authorized in an
order of the superintendent, has all the rights, powers,
privileges and authority possessed by the officers,
governing body, corporators, members and investors of the
financial institution, including the power to remove any
officer or member of the governing body if the order of
removal is approved in writing by the superintendent.__The
conservator may, in the name of the financial institution:

 
(1)__Prosecute and defend all suits and other legal
proceedings; and

 
(2)__Execute, acknowledge and deliver all deeds,
assignments, releases and other instruments necessary
and proper to effectuate any sale of real or personal
property or any compromise approved by the
superintendent.__Any deed or other instrument executed
pursuant to this subparagraph is valid and effective
for all purposes to the same extent as though fully
authorized by the financial institution.

 
C.__If a deputy superintendent or other employee of the bureau is
appointed conservator, no additional compensation need be paid,
but any reasonable and necessary expenses as conservator,
including expenses for assistants and counsel, must be paid by
the financial institution.__If a person


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