Mississippi Code
Chapter 9 - Insolvent Banks
§ 81-9-43. Procedure to obtain depositors' liquidation

Proceedings to accomplish depositor liquidation of banks shall be begun by the filing of a petition in the chancery court of the county in which such bank shall be domiciled within the ninety day period in which the state comptroller remains in charge of the closed bank. Each petition shall be signed by depositors owning sixty percent in amount of deposits not preferred and totally unsecured, and the allegations thereof shall be sworn to by at least one of the signers of the petition, either as true and correct upon personal knowledge, or upon information and belief. If any signer be a corporation the signature thereof by the president or vice-president shall be sufficient, and the signature of any partnership or similar firm by any member thereof shall be sufficient. The state comptroller shall be the only necessary party respondent to such petition. The petition may be heard by the chancellor in vacation or in term time, at such place in his district as he may direct, upon certificate of the chancery clerk that he has sent, at least five days before such hearing, by registered mail, to the respondent at the city of Jackson, Mississippi, a true copy of the petition, with time and place of hearing designated thereon. The cause in which such petition shall be filed shall be entitled "In the matter of the depositor liquidation of (name of bank proposed to be liquidated) by (naming here the liquidating corporation proposed to be formed)."

Structure Mississippi Code

Mississippi Code

Title 81 - Banks and Financial Institutions

Chapter 9 - Insolvent Banks

§ 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

§ 81-9-21. Bond of receiver

§ 81-9-23. Duties of receiver

§ 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

§ 81-9-31. Proof of claims

§ 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

§ 81-9-47. Effect of decree

§ 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

§ 81-9-69. Records and inspection thereof

§ 81-9-73. When Federal Deposit Insurance Corporation or any similar corporation to be appointed receiver

§ 81-9-75. Priority of claims for payment against certain insolvent banks upon liquidation or upon execution of purchase of assets and assumption of liabilities