9-1919. Voluntary liquidation. (a) Upon the affirmative vote of a majority of the outstanding voting stock and approval of a liquidation plan by the commissioner, any bank may liquidate by paying in full all of the bank's depositors and creditors. Any bank desiring to voluntarily liquidate shall file a plan for liquidation with the commissioner.
(b) The commissioner may examine the bank or compel the bank to file reports with the commissioner during the time the bank is being liquidated. If the commissioner finds at any time during the liquidation period that the bank is not adhering to the approved liquidation plan, the commissioner may take action as authorized by article 18 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto. If the commissioner finds that any deviation from the liquidation plan may be harmful to the depositors and creditors of the institution, the commissioner may appoint a receiver in accordance with procedures provided in article 19 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto.
(c) Upon the completion of the liquidation, the bank shall immediately surrender the bank's certificate of authority to transact a banking business, remove all advertising signs, and notify and make the necessary filings with the secretary of state. The commissioner shall make a final examination to determine that all depositors and creditors have been paid before any distribution is made to stockholders.
History: L. 2015, ch. 38, ยง 5; July 1.
Structure Kansas Statutes
Chapter 9 - Banks And Banking; Trust Companies
Article 19 - Banking Code; Dissolution; Insolvency
9-1902 Definition of insolvency.
9-1902a Critical undercapitalization.
9-1903 Undercapitalized and insolvent banks and trust companies; commissioner to take charge, when.
9-1905 Receiver for insolvent and undercapitalized bank or trust company.
9-1906 Receiver to take charge of assets; order of payment.
9-1907 Powers of federal deposit insurance corporation or its successor.
9-1908 Title to all assets to vest in insurance corporation.
9-1909 Claims to be filed within one year.
9-1910 Surrender control to commissioner.
9-1911 Receiver may borrow money.
9-1915 Deposits or debts while insolvent; liability.
9-1916 Same; action to enforce liability; evidence.
9-1918 Escheat and disposition of certain property in custody of commissioner; escheat.