Massachusetts General Laws
Chapter 167 - Supervision of Banks
Section 26 - Appointment of Agents to Assist in Liquidation and Distribution; Federal Agencies as Liquidating Agent; Subrogation Rights

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

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 167 - Supervision of Banks

Section 1 - Definitions

Section 1a - Rules and Regulations

Section 2 - Examination of Banks

Section 2a - Definitions Applicable to Secs. 2a to 2g; Unfair Practices Involving Consumer Transactions; Rules and Regulations

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 2h - Notice to Commissioner of Activity or Investment of Savings Bank, Co-Operative Bank or Trust Company; Waiver or Extension of Notice Period

Section 2i - Compliance With Federal Laws and Regulations

Section 2j - Confidentiality of Information Provided in Applications Filed With Commissioner

Section 3 - Meetings of Board of Directors or Board of Trustees of Bank; Reports on Bank Examinations; Records; Certificates

Section 4 - Summoning and Examination of Bank Officers

Section 5 - Request for Bank Examination

Section 6 - Manner and Form of Books and Accounts; Manner of Safeguard and Deposit of Money and Securities

Section 6a - Copies of Agreements Concerning Federal Reserve Regulations and Operating Letters, Clearing House Rules, etc.; Rules and Regulations

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 13 - Annual Reports

Section 14 - Credit Needs of Local Communities; Assessment of Banks; Regulations; Application for Establishment of Domestic Branch; Examination; Alternative Community Reinvestment Examination Procedure

Section 14a - Mortgage Review Boards; Members; Terms; Appointment; Meetings; Rules and Regulations

Section 14c - Small Business Loan 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 15b - Inclusion of Certain Investments in List of Legal Investments Upon Approval by Commissioner; Application by Credit Union; Refunding Bonds

Section 15c - Classes of Bonds, Notes or Other Interest-Bearing Federal, State and International Obligations in Which Entity May Invest

Section 15d - Classes of Bonds, Notes or Other Interest-Bearing Municipal Obligations in Which Entity May Invest

Section 15e - Investment in Bonds, Notes or Other Interest-Bearing Obligations of Railroad Corporations

Section 15f - Investment in Bonds of Company Engaged in the Business of Furnishing Telephone Service

Section 15g - Investment in Bonds, Notes or Other Interest-Bearing Obligations of Gas, Electric Light or Water Company or Bonds of Company Supplying Electrical Energy or Artificial Gas or Natural Gas Purchased From Another Company

Section 15h - Investment in Common Stock of Banking Corporations and Bank Holding Companies

Section 15i - Purchase of Stock of Savings or Co-Operative Bank, Federal Savings and Loan Association or Federal Saving Bank

Section 15j - Investment in Capital Stock of Insurance Company Conducting Fire and Casualty Insurance Business

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 21 - Closing of Banks

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 24 - Collection of Moneys Due and Liquidation of Affairs of Banks in Possession of Commissioner

Section 25 - Prosecution and Defense of Suits and Other Legal Proceedings; Sales of Property

Section 26 - Appointment of Agents to Assist in Liquidation and Distribution; Federal Agencies as Liquidating Agent; Subrogation Rights

Section 26a - Assistance of Federal Agency as Liquidating Agent; Notice Requirements

Section 26b - National Credit Union Administration Board as Liquidating Agent of Credit Unions; Subrogation Rights

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 36a - Appointment of Conservator; Powers and Duties; Compensation; Termination; Equity Jurisdiction of Supreme 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 40 - Examination of Foreign or Out-of-State Banks; Charges; Availability of Reports and Information; Cooperation With Other Jurisdictions

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

Section 50 - Compliance Review Supervisor

Section 51 - Compliance Review Documents; Confidentiality