Idaho Code
Chapter 10 - CLOSING AND LIQUIDATION OF BANKS
Section 26-1008 - POWERS OF DIRECTOR ON CLOSING BANK.

26-1008. POWERS OF DIRECTOR ON CLOSING BANK. Upon taking the assets and business of any bank into his possession, the director is authorized to collect all moneys due to such bank, assess the stock of such bank, and to do such other acts as are necessary to conserve its assets and business, and he shall proceed to liquidate the affairs thereof. He shall have general and inclusive power and authority, except as otherwise limited by the terms of this act, to do any and all acts, to take any and all steps necessary, or, in his discretion, desirable for the protection of the property and assets of such bank and the speedy and economical liquidation of the assets and affairs of such bank and the payment of its creditors, or for the reopening and resumption of business by said bank, where that is in his discretion practicable or desirable.
The director may institute, in his own name as director, or in the name of the bank, such suits and actions and other legal proceedings as he deems expedient for such purposes, and by making application to the district court of the county in which such bank is located, or to the judge thereof, in chambers, may procure an order to sell, compromise or compound any bad or doubtful debt or claim, and to sell and dispose of any or all the assets, which sale may be made to stockholders, officers, directors, or others interested in such bank, on consent of the court. Any such application or petition by the director may be had at any time, either in term or vacation in court, or in chambers, as the court may order.

History:
[26-1008, added 1979, ch. 41, sec. 2, p. 104; am. 1987, ch. 76, sec. 1, p. 147.]

Structure Idaho Code

Idaho Code

Title 26 - BANKS AND BANKING

Chapter 10 - CLOSING AND LIQUIDATION OF BANKS

Section 26-1001 - GROUNDS FOR CLOSING BANK.

Section 26-1002 - PENALTY FOR CLOSING BANK WITH CRIMINAL INTENT.

Section 26-1003 - RECEIVING DEPOSITS WHEN INSOLVENT.

Section 26-1004 - BANK MAY BE PLACED IN DIRECTOR’S POSSESSION.

Section 26-1005 - EFFECT OF POSTING NOTICE.

Section 26-1006 - TAKING POSSESSION OF BANK — NOTICE.

Section 26-1007 - RESUMPTION AFTER CLOSING.

Section 26-1008 - POWERS OF DIRECTOR ON CLOSING BANK.

Section 26-1009 - RECOURSE OF AGGRIEVED BANK.

Section 26-1010 - DIRECTOR MAY APPOINT AGENTS.

Section 26-1011 - FEDERAL DEPOSIT INSURANCE CORPORATION — RIGHT TO ACT AS RECEIVER OR LIQUIDATOR.

Section 26-1012 - CLOSED BANK — FEDERAL DEPOSIT INSURANCE CORPORATION FURNISHING FUNDS FOR PAYMENT OF INSURED DEPOSIT LIABILITIES — SUBROGATION.

Section 26-1013 - CLOSED BANKS — PLEDGE OR SALE OF ASSETS BY DIRECTOR OR LIQUIDATOR TO FEDERAL DEPOSIT INSURANCE CORPORATION — COURT ORDER.

Section 26-1014 - FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS LIQUIDATOR — POSSESSION AND CONTROL OF ASSETS AND BUSINESS OF BANK.

Section 26-1015 - ENFORCEMENT OF INDIVIDUAL LIABILITY OF DIRECTORS OF CLOSED BANK.

Section 26-1016 - NOTICE TO CREDITORS OF INSOLVENT BANK.

Section 26-1017 - CLAIMS — ALLOWANCE AND REJECTION.

Section 26-1018 - PAYMENT OF CLAIMS.

Section 26-1019 - CLAIMS — ORDER OF PAYMENT — PRIORITIES.

Section 26-1020 - PARTIAL PAYMENT OF CLAIMS — CALCULATION OF DIVIDENDS — ASSIGNMENT OF CLAIMS — CHECKS AGAINST CLOSED BANK.

Section 26-1021 - STATEMENT OF CONDITION.

Section 26-1022 - DEPOSIT OF FUNDS IN DIRECTOR’S HANDS.

Section 26-1023 - DISPOSITION OF UNCLAIMED FUNDS.

Section 26-1024 - DISPOSITION OF ASSETS REMAINING AFTER PAYMENT OF CLAIMS.

Section 26-1025 - BORROWING MONEY TO FACILITATE LIQUIDATION OR REOPENING OF BANK.

Section 26-1026 - REOPENING OF BANK — UNSECURED DEPOSITORS AND CREDITORS — ACCEPTANCE OF PLAN — CERTIFICATE OF APPROVAL.

Section 26-1027 - PUBLIC FUNDS ON DEPOSIT — JOINDER OF OFFICIAL IN PLAN — BONDS SECURING DEPOSITS UNAFFECTED.