Section 620. Notice to creditors to make proof of claims; form of claims; claims for priority of payment  


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  • 1. When the superintendent  shall  have  taken  possession of any banking organization, and shall have determined
      to liquidate its affairs, he or she shall notify  all  persons  who  may
      have  claims against such banking organization to present such claims to
      him or her and make proper proof thereof within  four  months  from  the
      date of such notice and at a place specified therein; provided, that (a)
      if  the superintendent finds that a shorter period than four months will
      afford a reasonable time for presenting claims and making proof thereof,
      he or she may specify such shorter period which shall  in  no  event  be
      less  than  thirty days or (b) if the superintendent finds that a longer
      period than four months is  needed  to  afford  a  reasonable  time  for
      presenting  claims  and making proof thereof, he or she may specify such
      longer period which shall in no event be more than six months  from  the
      date  of  such  notice. In any event the superintendent shall specify in
      such notice the last date for presenting claims  and  for  making  proof
      thereof.  The superintendent shall cause such notice to be mailed to all
      persons whose names appear as creditors upon the books  of  the  banking
      organization.  Such  notice  to persons appearing as depositors shall be
      mailed to the address appearing upon the deposit records  or  ledger  of
      such  banking  organization.  The  superintendent  shall also cause such
      notice to be inserted biweekly in such newspaper or newspapers as he  or
      she may direct for three consecutive months, the first insertion thereof
      to  be published more than ninety days before the last day fixed in such
      notice for presenting proof of claims; provided, that where  the  notice
      requires  claims  to  be  presented  within  less  than four months, the
      superintendent shall cause such notice to be  inserted  weekly  in  such
      newspaper  or  newspapers  as he or she may direct for three consecutive
      weeks, the first insertion thereof to be published more than  twenty-one
      days  before  the  last  day fixed in such notice for presenting claims.
      Such notice shall specify that all persons having claims for priority of
      payment shall make demand in writing for priority in the proof of  their
      claims.  The  superintendent  shall  have  no  power to accept any claim
      presented after the date specified in such notice as the last  date  for
      presenting claims.
        2.  A  proof  of claim shall consist of a written statement under oath
      signed by the claimant or his attorney in fact, and  shall  be  in  such
      form as the superintendent shall require.
        3.  All persons who shall have failed to demand in writing priority of
      payment as specified in the notice to file claims  shall  be  deemed  to
      have  waived  and  abandoned  any  right to such priority of payment. No
      person who shall have failed to demand in writing priority of payment as
      herein above provided, shall be  entitled  to  maintain  any  action  or
      proceeding  for  any  priority of payment. In all actions or proceedings
      for priority of payment, the claimant shall be required  to  allege  and
      prove  that the claim upon which the action is instituted was duly filed
      and contained therein demand in writing for priority of payment.