Mississippi Code
Involuntary Dissolution and Liquidation
§ 81-27-8.103. Notice of seizure; bar to attachment

When the commissioner, or duly appointed agent, shall take possession of any state trust company under Section 81-27-8.101 or Section 81-27-8.102, the commissioner or agent shall within forty-eight (48) hours, file with the chancery clerk of the county where the state trust company is located, a notice of such action which shall state the reason therefor, and such notice shall be deemed the equivalent of a summons and complaint against the state trust company in an action in the chancery court except that it shall not be necessary to make service thereof. The taking possession of any state trust company shall be effective on the date when such authority was exercised and from and after such time all assets and property of such state trust company, of whatever nature, shall be deemed to be in possession of the commissioner, and the exercise of such authority shall operate as a bar to any attachment, or other legal proceeding against the state trust company or its assets. After the commissioner's exercise of authority, no lien shall be acquired, in any manner binding or affecting any of the assets of the state trust company and every transfer or assignment made thereafter by the state trust company, or by its authority, of the whole or any part of its assets, shall be null and void; and the commissioner, shall be substituted in place of the state trust company in all actions in the state or federal courts, pending at the time of the exercise of such authority.

Structure Mississippi Code

Mississippi Code

Title 81 - Banks and Financial Institutions

Chapter 27 - Multistate, State and Limited Liability Trust Institutions

Article 8 - Dissolution and Receivership; Conservatorship

Involuntary Dissolution and Liquidation

§ 81-27-8.101. When commissioner may take charge

§ 81-27-8.102. Directors may act

§ 81-27-8.103. Notice of seizure; bar to attachment

§ 81-27-8.104. Notice to trust institutions, corporations and others holding assets; liens not to accrue

§ 81-27-8.105. Permission to resume business

§ 81-27-8.106. Remedy for seizure; answer to notice, injunction; and appeal

§ 81-27-8.107. Collection of debts and claims; commissioner succeeds to all property of the state trust company

§ 81-27-8.108. Bond of the commissioner; surety; condition; minimum penalty

§ 81-27-8.109. Inventory

§ 81-27-8.110. Notice and time for filing claims

§ 81-27-8.111. Power to reject claims; notice; affidavit of service; action on claims

§ 81-27-8.112. List of claims presented and deposits; copies; proviso

§ 81-27-8.113. Declaration of dividends; order of preference in distribution

§ 81-27-8.114. Deposit of funds collected

§ 81-27-8.115. Employment of counsel; accountants; and other experts; compensation

§ 81-27-8.116. Unclaimed dividends held in trust

§ 81-27-8.117. Action by the commissioner following full settlement

§ 81-27-8.118. Annual report of the commissioner; items included

§ 81-27-8.119. Compensation of the commissioner

§ 81-27-8.120. Exclusive method of liquidation

§ 81-27-8.121. Disposition of books and records

§ 81-27-8.122. Destruction of books and records

§ 81-27-8.123. Trust terminated on insolvency of state trust company

§ 81-27-8.124. Petition for new trustee

§ 81-27-8.125. Publication and notice

§ 81-27-8.126. Appointment where no objection made

§ 81-27-8.127. Hearing upon objection

§ 81-27-8.128. Registration of final order

§ 81-27-8.129. Petition and order applicable to all instruments

§ 81-27-8.130. Additional remedy

§ 81-27-8.131. Report to the Secretary of State