On liquidation of a state or private bank or on execution of a purchase of certain assets and assumption of certain liabilities of a state bank under this chapter, claims for payment against that state bank have the following priority:
Obligations incurred by the Banking Commissioner, fees and assessments due to the Department of Banking and Consumer Finance, and expenses of liquidation, including any taxes due, all of which may be covered by a proper reserve of funds;
Claims of depositors having an approved claim against the general liquidating account of the bank;
Claims of salaried employees of the bank for salaries that are earned but unpaid at the time the bank is closed or purchased under this chapter;
Claims of general creditors having an approved claim against the general liquidating account of the bank;
Claims otherwise proper that were not filed within the time prescribed by this code;
Approved claims of subordinated creditors; and
Claims of stockholders of the bank.
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