Title 7, Chapter 1, Section 192
( 7-1-192)
(a) After filing a supplement to the certificate of possession
setting forth its determination to liquidate the affairs of a
financial institution in receivership, the department shall
forthwith give notice of such determination to all corporations or
persons who appear upon the books of the financial institution as
depositors or other creditors or who are otherwise known to the
department to be or who claim to be depositors or other creditors or
who have given notice to the department claiming a right of
execution or attachment against any assets owned by or legally in
the custody or possession of the financial institution. (b) The notice to depositors shall state the amount which the books
or other records of the financial institution show to be due to such
depositor. It shall also state that unless such depositor shall,
within a specified time, present to the department his bank
statement or passbook or other evidence of his account showing a
different amount to be due or unless such depositor shall, within a
specified time from the date of such notice, otherwise prove in the
manner provided by this chapter that a different amount is due, the
amount shown to be due by the books of the financial institution
will be conclusively presumed to be correct unless the court,
pursuant to this chapter, grants him an extension of time. (c) The notice to each creditor, other than a depositor, shall
inform such creditor that he must present his claim in the manner
provided by this chapter within a specified time from the date of
such notice or else be permanently barred from sharing in any
distribution of the assets of the financial institution unless the
court, pursuant to this chapter, grants him an extension of time. (d) The department shall also advertise, in the manner prescribed by
this chapter, its determination to liquidate the financial
institution. Such advertisement shall state that the department has
filed an inventory and appraisement of the assets of the institution
and shall designate the superior court with which such documents
have been filed and shall describe the legal consequences to
depositors and other creditors of failure to prove those claims
within the time set in the notice. For purposes of this
advertisement and other notices or advertisements required
hereunder, the department may, to the extent it deems appropriate,
describe shareholders of building and loan associations and credit
unions as such, not by use of the defined term "depositors" used in
this chapter. (e) The department shall specify as the last day upon which
depositors and other creditors can prove their claims a date at
least 30 days after the date of the sending of such notice to
depositors and creditors. However, claims based upon deficiencies
in, or surcharges with respect to, assets which such financial
institution held in a fiduciary capacity may be proved at any time
within six months after the appointment of a substituted fiduciary
of the estate of which such assets were a part and the adjudication
of the account of such estate by the competent court. |