LD 949
pg. 6
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LR 444
Item 1

 
3. Deposit reductions.__Simultaneously with the reductions
taken pursuant to subsection 2, the following actions must be
taken by the financial institution.

 
A.__In the case of a mutual financial institution or
cooperative financial institution, each deposit standing in
that financial institution must be reduced so as to divide
pro rata among the depositors or members the aggregate book
value of all investments segregated under subsection 2.__
After the order under subsection 2 has been delivered, a
depositor or member may not demand or receive on account of
a deposit more than the amount remaining to the credit of
the deposit after the reduction has been made, and dividends
must be computed only on the amounts so remaining, except as
otherwise provided in this section.__The treasurer or clerk
of that financial institution shall withdraw the sum of any
deposit reductions from the statements of the amounts due to
depositors or members and enter the reductions on individual
passbooks as they are presented.__The investments and
amounts due depositors or members then remaining with
changes thereafter made in a usual course of business are
deemed to be the investments held by and deposits standing
in that financial institution for the purpose of taxation
and all other purposes, except as elsewhere provided in this
chapter.

 
B.__In the case of an investor-owned financial institution,
if the liabilities of that financial institution, excluding
the outstanding equity interest, exceed its assets, the
deficit, after making due allowances for priorities, must be
divided pro rata among the depositors and each account
charged with its proportionate share of the deficit.__A
depositor is entitled to withdraw the amount of the
depositor's account as fixed and determined in the amounts
and at the times the conservator, with the prior written
approval of the superintendent, directs.__That financial
institution shall issue to each depositor a certificate
showing the amount of the deficit charged to the depositor's
account.__The certificate is negotiable and may not bear
interest.__No dividend, profit, withdrawal or distribution
may be made thereafter in liquidation of equity interests in
that financial institution until the certificates have been
paid in full with interest compounded at the rate of 3% per
year; otherwise, the certificates may not be deemed to be a
liability of that financial institution.

 
C.__Nothing in this subsection permits a conservator or the
superintendent to reduce deposits or accounts insured by a
federal corporation pursuant to section 422 without written
approval of the federal corporation.


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