Section 26. The commissioner may, under his hand and official seal, appoint agents to assist him in the duty of liquidation and distribution. The certificates of the appointment of such agents shall be filed in the office of the commissioner and certified copies thereof shall be filed in the office of the clerk of the supreme judicial court. Said commissioner may from time to time authorize such agents to perform such duties connected with said liquidation and distribution as he deems proper. Said commissioner may procure such expert assistance and advice as he considers necessary in the liquidation and distribution of the assets of such bank and he may retain such officers or employees of the bank as he deems necessary. Said commissioner shall require, from a special agent and from such assistants, such security for the faithful discharge of their duty as he deems proper.
Said commissioner may, under his hand and official seal, appoint a federal agency as the liquidating agent of a bank insured by the Federal Deposit Insurance Corporation. Upon its acceptance of the appointment, the agency as liquidating agent shall acquire both legal and equitable title to all of the assets, rights or claims and to all of the real or personal property of the closed bank. The agency as liquidating agent shall have the power to perform all acts and duties of said commissioner in the liquidation of the closed bank. Said commissioner shall petition the supreme judicial court for an order confirming the appointment of the agency as liquidating agent of such bank.
Whenever a federal deposit insurance agency pays or makes available for payment the insured deposit liabilities of a closed bank, it shall become subrogated to all of the rights of the owners of the deposits against the closed bank, whether or not it has become receiver thereof, in the same manner and to the same extent as it would be subrogated in the closing of a national banking association as provided in 12 USC 1811 et seq. For the purposes of this section and section 26A, a federal agency shall mean the Federal Deposit Insurance Corporation, any successor to such corporation, or any other agency or instrumentality of the United States.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 167 - Supervision of Banks
Section 1a - Rules and Regulations
Section 2 - Examination of Banks
Section 2b - Investigation of Unfair Practices
Section 2c - Proceedings Regarding Unfair Practices; Notice; Hearing
Section 2d - Unfair Practices; Findings; Cease and Desist Orders; Penalty; Modification of Order
Section 2e - Review of Cease and Desist Orders; Civil Liability
Section 2f - Violations of Cease and Desist Orders; Penalties
Section 2g - Penalties for Unfair Practices; Enforcement
Section 2i - Compliance With Federal Laws and Regulations
Section 2j - Confidentiality of Information Provided in Applications Filed With Commissioner
Section 4 - Summoning and Examination of Bank Officers
Section 5 - Request for Bank Examination
Section 7 - Statements and Reports Required by Commissioner or by Law
Section 8 - Failure to Make or Amend Return, Statement or Report
Section 9 - Destruction or Disposal of Records, etc.; Payment of Proceeds
Section 10 - Reports of Fraud, Embezzlement or Misconduct by Bank Officers or Employees
Section 11 - Shortages in Funds; Reports; Fine
Section 12 - Misconduct by Bank Officers; Suspension; Removal
Section 12a - Criminal Charges Against Bank Officers; Suspension or Removal From Office
Section 14a - Mortgage Review Boards; Members; Terms; Appointment; Meetings; Rules and Regulations
Section 15 - Annual List to Investment Committee of Banks Meeting Local Community Needs
Section 15a - Annual List of Legal Investments
Section 15f - Investment in Bonds of Company Engaged in the Business of Furnishing Telephone Service
Section 15h - Investment in Common Stock of Banking Corporations and Bank Holding Companies
Section 15k - Classes of Securities in Which Entity May Invest
Section 18 - Appraisal of Real Estate in Case of Excessive Loan
Section 19 - Losses of Bank Exceeding Surplus and Other Reserve Accounts
Section 21a - Assent to and Participation in Bank Reorganization by Government Officers
Section 22 - Taking Possession of Property and Business of Bank by Commissioner
Section 23 - Notice of Taking Possession of Bank by Commissioner
Section 25 - Prosecution and Defense of Suits and Other Legal Proceedings; Sales of Property
Section 26a - Assistance of Federal Agency as Liquidating Agent; Notice Requirements
Section 27 - Inventory of Bank Assets
Section 28 - Notice to Claimants; Claims Presented
Section 29 - List of Claims Presented
Section 30 - Fees and Expenses
Section 31 - Dividends; Objections to Claims
Section 31a - Dividend Payments to Minors; Disposition of Accounts of Decedents
Section 32 - Property Deposited With Bank; Disposition
Section 33 - Bank Aggrieved by Action of Commissioner; Application for Injunction
Section 34 - Stockholders' Meeting
Section 35 - Unclaimed Dividends and Funds
Section 35a - Destruction of Books, Records, Etc. Concerning Bank and Liquidation Thereof
Section 35b - Reports on Banks in Possession of Commissioner
Section 36 - Equity Jurisdiction of Supreme Judicial Court
Section 37 - Unauthorized Banking
Section 37a - Examination of Accounts, Books and Papers to Determine Violation of Sec. 37
Section 37b - Student Bank Programs
Section 40a - Registration With Commissioner; Reports
Section 41 - Access to Vaults, Books and Papers; Summoning Witnesses; Administering Oaths
Section 42 - Insolvent Foreign or Out-of-State Banks; Injunction
Section 46 - Honoring and Cashing of Pensioners' and Retirees' Checks
Section 48 - Financing of Premises Containing Lead in Paint, Plaster or Materials
Section 49 - Definitions Applicable to Secs. 49 to 51