Section 634. Power to appoint regulator or insurer as receiver; additional powers


Latest version.
  • Notwithstanding anything to the contrary in  this  chapter,  the  superintendent  may,  in his or her sole discretion, and upon such terms
      and conditions as the superintendent may approve, appoint as receiver or
      liquidator of any banking organization or branch or agency of a  foreign
      banking   corporation,   the   business   and   property  of  which  the
      superintendent has taken or is entitled to take possession,  the  Office
      of  the  Comptroller  of  the  Currency,  the  Federal Deposit Insurance
      Corporation, the National Credit Union Administration, the successor  or
      assignee of any of the foregoing, or such other regulator, or insurer of
      deposits  or  shares  as may be empowered by federal law to receive such
      appointment. Any regulator or insurer which accepts such appointment may
      act without bond or other security as to such appointment and shall have
      and possess, and may exercise, all the  rights,  powers  and  privileges
      provided  by  the laws of this state to the superintendent in his or her
      capacity as, or to any  other,  receiver  or  liquidator  of  a  banking
      organization  or branch or agency of a foreign banking corporation. Upon
      the payment to any depositor or shareholder of a banking organization or
      branch or agency of a foreign  banking  corporation,  the  regulator  or
      insurer  shall  be  subrogated  to  all  the rights of such depositor or
      shareholder to the extent of such payment.
        In addition to such other powers as he or she may possess  under  law,
      the   superintendent,   or   any  regulator  or  insurer  which  accepts
      appointment in accordance with the  provisions  of  this  section,  may,
      without  obtaining  the  approval  of  stockholders, shareholders or any
      court, sell, transfer, assign, consolidate or otherwise dispose  of  all
      or  any  part  of  the  assets,  real  and personal, including fiduciary
      relationships, of the banking organization, or branch or agency  of  the
      foreign  banking  corporation, to another banking organization, national
      bank, branch or agency of a foreign banking corporation, federal savings
      bank, federal savings and loan association or federal credit union or to
      such regulator or insurer, its successor or assignee, on such  terms  as
      may   be   determined  to  be  in  the  best  interests  of  depositors,
      shareholders  and  other  creditors.   In   connection   therewith   the
      superintendent  may,  in addition, and without obtaining court approval,
      borrow from such regulator or insurer any amount necessary to facilitate
      the assumption of deposit liabilities by any other  banking  institution
      and  assign  any  part or all of the assets of a banking organization or
      branch or agency of a foreign banking corporation as security  for  such
      loan.