Whenever any state trust company, of whose assets and business the commissioner has taken possession as herein provided, except where possession is taken under Section 81-27-8.102, shall deem itself aggrieved thereby, and it may, at any time within ten (10) days after the filing of the notice with the chancery clerk, file an answer to the notice and may also upon notice to the commissioner, apply to the presiding chancellor of the district for an injunction to enjoin further proceedings by the commissioner. The chancellor may cite the commissioner to show cause within ten (10) days thereafter why further proceedings should not be enjoined, and after hearing the allegations and proof of the parties with respect to the condition of the state trust company, may dismiss such application for injunction or may enjoin further proceedings under this section by the commissioner. If the chancellor shall enjoin further action of the commissioner and permit the reopening of the state trust company, the chancellor shall have authority to require of such state trust company a surety bond as the chancellor deems necessary to insure its solvency, payable to the commissioner for the sole benefit of the general creditors of the state trust company, and upon such terms as the chancellor may deem proper. Either party shall have the right to appeal to the Supreme Court as in other actions.
Structure 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
§ 81-27-8.105. Permission to resume business
§ 81-27-8.106. Remedy for seizure; answer to notice, injunction; and appeal
§ 81-27-8.108. Bond of the commissioner; surety; condition; minimum penalty
§ 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