| §363-A.__Conservation of assets |
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| | 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. |
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| 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. |
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| 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: |
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| (1)__Prosecute and defend all suits and other legal | proceedings; and |
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| (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. |
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| 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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