When the commissioner determines that a loss has occurred, the commissioner shall as soon as possible make payment to the proper public officers of all public deposits subject to such loss, pursuant to the following procedure: (1) For the purposes of determining the sums to be paid, the commissioner or receiver shall, within twenty days after issuance of a restraining order or taking possession of any qualified public depository, ascertain the amount of public deposits held by the depository as disclosed by its records and the amount of such deposits that are uninsured deposits and certify the amounts to each public depositor having public funds on deposit in the depository; (2) within ten days after receipt of such certification, each such public depositor shall furnish to the commissioner verified statements of its deposits in the depository as disclosed by its records plus information concerning any letters of credit issued to the public depositor or any private insurance policy used to secure public deposits, pursuant to section 36a-337; (3) upon receipt of such certificate and statements, the commissioner shall ascertain and fix the amount of such uninsured public deposits, net after deduction of any amount received or to be received by the public depositor pursuant to a letter of credit or private insurance policy issued in accordance with section 36a-337, and assess the same against the depository in which the loss occurred; (4) the assessment made by the commissioner shall be payable on the second business day following demand, and in case of the failure of the qualified public depository so to pay, the commissioner shall immediately take possession of the eligible collateral, if any, segregated by the depository pursuant to sections 36a-330 to 36a-338, inclusive, and liquidate the same for the purpose of paying such assessment; (5) upon receipt of the assessment, the commissioner shall reimburse the public depositors of the depository in which the loss occurred to the extent of the depository's net deposit liability to them.
(1967, P.A. 517, S. 6; P.A. 77-614, S. 158, 610; P.A. 87-9, S. 2, 3; P.A. 91-245, S. 5; P.A. 92-12, S. 79; P.A. 94-122, S. 159, 340; P.A. 08-39, S. 2; P.A. 11-50, S. 10; P.A. 12-96, S. 41.)
History: P.A. 77-614 replaced bank commissioner with banking commissioner and references to Public Deposit Protection Commission with references to said commissioner, effective January 1, 1979; (Revisor's note: Pursuant to P.A. 87-9 “banking commissioner” was changed editorially by the Revisors to “commissioner of banking”); P.A. 91-245 deleted provisions re assessment of loss against all other qualified public depositories in proportion to their maximum liability and made technical changes; P.A. 92-12 redesignated Subdivs; P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-387 transferred to Sec. 36a-334 in 1995; P.A. 08-39 amended Subdiv. (2) to add requirement re information concerning letters of credit and Subdiv. (3) to add requirement re amount received or to be received pursuant to letter of credit and made a technical change in Subdiv. (4); P.A. 11-50 added provisions re private insurance policy used to secure public deposits in Subdivs. (2) and (3), effective June 13, 2011; P.A. 12-96 replaced “amount thereof covered by deposit insurance” with “amount of such deposits that are uninsured deposits”, added reference to “uninsured” re public deposits and deleted reference to deposit insurance, effective June 8, 2012.
Structure Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Section 36a-290. (Formerly Sec. 36-3). - Joint deposit and share accounts.
Section 36a-293. (Formerly Sec. 36-5). - Adverse claim to deposit account or share account.
Section 36a-296. (Formerly Sec. 36-110). - Deposits or share accounts in trust.
Section 36a-297. (Formerly Sec. 36-111). - Deposits or share accounts of minors.
Section 36a-298. (Formerly Sec. 36-106). - Notice of withdrawals.
Section 36a-300. (Formerly Sec. 36-108). - School savings deposits and time deposits.
Section 36a-301. (Formerly Sec. 36-9q). - Tax and loan accounts and note accounts.
Section 36a-303. (Formerly Sec. 36-9o). - Charge for overdraft, when prohibited.
Section 36a-305. (Formerly Sec. 36-9cc). - Regulations re cashing state checks.
Section 36a-307. (Formerly Sec. 36-9dd). - Interest on savings deposit accounts.
Section 36a-308. - Savings promotion raffles.
Section 36a-309. - Basic banking accounts.
Section 36a-315. (Formerly Sec. 36-27a). - Short title: Deposit Account Contract Act.
Section 36a-316. (Formerly Sec. 36-27b). - Definitions.
Section 36a-317. (Formerly Sec. 36-27c). - Prohibited acts of financial institutions.
Section 36a-317a. - Charges for stop payment orders.
Section 36a-317b. - Check cashing. Adequate identification.
Section 36a-319. (Formerly Sec. 36-27e). - Deposit account disclosures. List of charges.
Section 36a-320. (Formerly Sec. 36-27f). - Changes in deposit account charges. Notice.
Section 36a-322. (Formerly Sec. 36-27h). - Enforcement powers of commissioner.
Section 36a-323. (Formerly Sec. 36-27i). - Exceptions. Waivers.
Section 36a-330. (Formerly Sec. 36-382). - Definitions.
Section 36a-331. (Formerly Sec. 36-383). - Protection of public deposits.
Section 36a-332. (Formerly Sec. 36-385). - Powers of commissioner.
Section 36a-333. (Formerly Sec. 36-386). - Collateral requirements.
Section 36a-334. (Formerly Sec. 36-387). - Procedure upon loss.
Section 36a-335. (Formerly Sec. 36-388). - Subrogation of commissioner to depositor's rights.
Section 36a-337. (Formerly Sec. 36-390). - Securing of public deposits.
Section 36a-338. (Formerly Sec. 36-391). - Report of public depository. Maintenance of records.