At the end of ninety days, if the state comptroller has not sold the assets of the bank as provided in Section 81-9-11 above, the state comptroller shall file a petition in the proper chancery court in a cause to be entitled "In the matter of the receivership of (name of bank)." Such petition shall recite the taking of the bank into custody under the provisions of this chapter, the failure to sell the assets as provided in Section 81-9-11 above, and shall pray for the appointment of a receiver. The chancellor shall enter an order upon such petition, appointing a receiver of his own selection who shall not have been an officer, director or employee of the bank for a period of five years prior to the closing thereof. However, upon petition signed by the owners and holders of a majority in amount of the deposit liability of the bank, the chancellor may appoint such an officer, director or employee as receiver.
Structure Mississippi Code
Title 81 - Banks and Financial Institutions
§ 81-9-1. Capital stock impaired; how restored
§ 81-9-3. Transfers by banks and other acts in contemplation of insolvency
§ 81-9-5. Closing insolvent banks
§ 81-9-7. Examiner to be placed in charge
§ 81-9-9. Conservation of assets; title
§ 81-9-11. Sale of assets of insolvent bank
§ 81-9-13. Reopening banks under "freezing of deposits" agreements
§ 81-9-15. Limitation on custodial period; approval of acts involving discretion or judgment
§ 81-9-17. Receiver to be appointed
§ 81-9-19. Surrender of assets to receiver; reports
§ 81-9-25. Receivers empowered to borrow money
§ 81-9-27. Receivers may sell assets of insolvent banks
§ 81-9-29. Liquidation; separate assets for creditors; corporate stock
§ 81-9-33. Inventory and books by the receiver
§ 81-9-35. Dividends by receiver
§ 81-9-39. Compensation and expenses of receiver and attorney
§ 81-9-41. Liquidation of solvent bank
§ 81-9-43. Procedure to obtain depositors' liquidation
§ 81-9-45. Petition and decree thereon
§ 81-9-49. General powers of liquidating corporation
§ 81-9-51. Double liability of certain stockholders released
§ 81-9-53. Bond of directors; compensation
§ 81-9-55. Vacancies and removal of directors
§ 81-9-57. Officers of the corporation
§ 81-9-59. Compensation of liquidator and other employees
§ 81-9-61. Exercise of discretion without approval of court
§ 81-9-63. Sale of assets to going bank
§ 81-9-65. Corporation and directors may be restrained
§ 81-9-67. Liquidating corporations may apply to court for directions