Sec. 5. (a) Under the direction of the department, a conservator appointed under this chapter shall:
(1) take possession of the books, records, and assets of the corporate fiduciary; and
(2) take any action necessary to conserve the assets of the corporate fiduciary pending:
(A) a liquidation under IC 28-1-3.1; or
(B) other disposition of the corporate fiduciary's business as provided by law.
(b) A conservator appointed under this chapter:
(1) has all the rights, powers, and privileges of a receiver appointed under IC 28-1-3.1, except the power to liquidate a corporate fiduciary; and
(2) is subject to those obligations and liabilities to which a receiver is subject, to the extent the obligations and liabilities are consistent with this chapter.
(c) Throughout the time a conservator is in possession of a corporate fiduciary under this chapter, the rights of all parties with respect to the corporate fiduciary are the same as if a receiver had been appointed under IC 28-1-3.1.
As added by P.L.10-2006, SEC.78 and P.L.57-2006, SEC.78.
Structure Indiana Code
Title 28. Financial Institutions
Article 14. Corporate Fiduciaries
Chapter 7.5. Conservatorship of Corporate Fiduciaries
28-14-7.5-1. Application of Chapter
28-14-7.5-2. Applications of Definitions
28-14-7.5-3. Appointment of Conservator; Bond or Security
28-14-7.5-4. Reimbursement of Department; Administrative Expenses; Payment From Assets
28-14-7.5-7. Loans in Aid of Operation or Reorganization; Security
28-14-7.5-8. Termination of Conservatorship; Appointment of Receiver; Liquidation