(a) The Superior Court, upon appointing a receiver of any Connecticut bank, other than a trust bank or an uninsured bank, or Connecticut credit union, shall limit the time within which all claims against the bank or credit union may be presented to the receiver, and the court may, upon cause shown, extend such time and shall cause such public notice of such limitation or extension of time to be given as it deems reasonable and just. All claims not presented to the receiver within the period limited shall be forever barred, except that any claim for a deposit or share account, as shown by the depositor's or share account holder's passbook, certificate of deposit, statement or other evidence of deposit or the records of such bank or credit union, shall be allowed by the receiver.
(b) (1) As soon as reasonably practicable after appointment of a receiver of a trust bank or an uninsured bank, the receiver shall publish notice, in a newspaper of general circulation in each town in which an office of such bank is located, stating that: (A) The bank has been placed in receivership; (B) the depositors, clients and creditors are required to present their claims for payment on or before a specific date and at a specified place; and (C) all safe deposit box holders and bailors of property left with the bank are required to remove their property no later than a specified date. The dates that the receiver selects may not be earlier than the one hundred twenty-first day after the date of the notice, and shall allow: (i) The affairs of the bank to be wound up as quickly as feasible; and (ii) depositors, clients, creditors, safe deposit box holders and bailors of property adequate time for presentation of claims, withdrawal of accounts, and redemption of property. The receiver may adjust the dates with the approval of the court and with or without republication of notice if the receiver determines that additional time is needed for any such presentation, withdrawal or redemption.
(2) As soon as reasonably practicable, given the state of the bank's records and the adequacy of staffing, the receiver shall mail to each of the bank's known depositors, clients, creditors, safe deposit box holders and bailors of property left with the bank, at the mailing address shown on the bank's records, an individual notice containing the information required in the notice provided in subdivision (1) of this subsection, and specific information pertinent to the account or property of the addressee. The receiver of a trust bank or uninsured bank may require a fiduciary claimant to file a proof of claim if the records of such bank are insufficient to identify the claimant's interest.
(1949 Rev., S. 5763; P.A. 78-121, S. 26, 113; P.A. 88-65, S. 22; P.A. 94-122, S. 100, 340; P.A. 02-73, S. 15; P.A. 04-136, S. 17.)
History: P.A. 78-121 removed private bankers and building associations from purview of section; P.A. 88-65 deleted a reference to industrial banks; P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-38 transferred to Sec. 36a-225 in 1995; P.A. 02-73 added provisions making section applicable to Connecticut credit unions, share accounts and share account holders; P.A. 04-136 designated existing provisions as Subsec. (a) and amended same by inserting “other than a trust bank or an uninsured bank”, and added Subsec. (b) specifying requirements re publication of notice by receiver in newspaper of general circulation in each town in which an office of the trust bank or uninsured bank is located and mailing of individual notice by receiver to each of the bank's known depositors, clients, creditors, safe deposit box holders and bailors of property left with the bank, effective May 12, 2004.
Structure Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Section 36a-125. (Formerly Sec. 36-193u). - Merger and consolidation of Connecticut banks.
Section 36a-126. - Merger and consolidation of Connecticut banks with federal banks.
Section 36a-127. - Merger of Connecticut bank with nonbank affiliates.
Section 36a-135. - Conversions of a mutual institution into another mutual institution.
Section 36a-137. - Conversion of a capital stock bank into another capital stock bank.
Section 36a-138. - Conversion of a capital stock institution into a mutual institution.
Section 36a-139. (Formerly Sec. 36a-252). - Conversion of community banks to Connecticut banks.
Section 36a-139a. (Formerly Sec. 36a-252a). - Conversion of uninsured banks and trust banks.
Section 36a-139b. - Conversion to an uninsured bank.
Section 36a-170. (Formerly Sec. 36-9ff). - Virtual banking.
Section 36a-187. (Formerly Sec. 36-427). - Administration and enforcement.
Section 36a-189. (Formerly Sec. 36-428). - Appeal from commissioner.
Section 36a-190. (Formerly Sec. 36-429). - Excepted transactions.
Section 36a-191. (Formerly Sec. 36-430). - Severability.
Section 36a-194. (Formerly Sec. 36-142cc). - Powers.
Section 36a-195. (Formerly Sec. 36-142dd). - Issuance of preferred stock.
Section 36a-196. (Formerly Sec. 36-142ee). - Issuance of common stock.
Section 36a-197. (Formerly Sec. 36-142ff). - Conversion into stock holding company.
Section 36a-198. (Formerly Sec. 36-142gg). - Mutual holding company subsidiary holding company.
Section 36a-199. (Formerly Sec. 36-142hh). - Exemption from real estate conveyance taxes.
Section 36a-210. (Formerly Sec. 36-30). - Transfer of assets.
Section 36a-215. (Formerly Sec. 36-22b). - Powers re troubled trust banks and uninsured banks.
Section 36a-216. (Formerly Sec. 36-22). - Powers in case of financial distress.
Section 36a-219. (Formerly Sec. 36-32). - Restraining order. Appointment of conservator.
Section 36a-221a. - Duties of receivers of trust banks and uninsured banks.
Section 36a-232. (Formerly Sec. 36-46). - Creditor's application for order to receiver.
Section 36a-233. (Formerly Sec. 36-47). - Funds and property not subject to foreign attachment.
Section 36a-234. (Formerly Sec. 36-48). - Dissolution of injunction against receiver.
Section 36a-236. (Formerly Sec. 36-50). - Final distribution of receivership accounts.
Section 36a-239. (Formerly Sec. 36-52). - Discharge of receiver or conservator.