Montana Code Annotated
Part 5. Dissolution, Closing, and Liquidation
32-1-537. Disposition of unclaimed funds

32-1-537. Disposition of unclaimed funds. (1) The department shall certify to the state treasurer a complete list of funds remaining with it that are uncalled for and that have been left with it in its official capacity in trust for depositors in and creditors of a liquidated bank after they have been held by it for 6 months from the date of the final liquidation of the institution. Along with this certificate, the department shall transmit to the state treasurer the funds, with accumulated interest on them, that it has held in trust for 6 months. A copy of the certificate must also be filed with the state auditor, who shall make a record of it.
(2) The state treasurer shall deposit the funds and interest in the general fund.
(3) A depositor or creditor of a liquidated bank who has not been paid the amount standing to the person's credit as certified to the state treasurer may apply to the department for the amount due. The depositor or creditor shall make an affidavit and offer proof of identity and of the amount due. When satisfied as to the correctness of the claim and of the identity of the person, the department shall forward it to the state treasurer who shall audit the claim and, if found correct, certify the claim to the department. If the department approves the claim, it shall pay the claim to the depositor or creditor.
History: En. Sec. 137, Ch. 89, L. 1927; re-en. Sec. 4016.147, R.C.M. 1935; amd. Sec. 1, Ch. 143, L. 1961; amd. Sec. 59, Ch. 431, L. 1975; amd. Sec. 2, Ch. 343, L. 1977; R.C.M. 1947, 5-1117; amd. Sec. 43, Ch. 395, L. 1993; amd. Sec. 27, Ch. 325, L. 1995; amd. Sec. 33, Ch. 422, L. 1997.

Structure Montana Code Annotated

Montana Code Annotated

Title 32. Financial Institutions

Chapter 1. Banks and Trust Companies

Part 5. Dissolution, Closing, and Liquidation

32-1-501. Dissolution and disincorporation

32-1-502. Grounds for closing bank

32-1-503. Bank insolvent when

32-1-504. Deposits in insolvent bank

32-1-505. Penalty for receiving deposits when insolvent or for making false statements

32-1-506. Assessment on capital stock to make good impairment

32-1-507. Power of closed banks to borrow money from governmental agencies

32-1-508. Corporate existence -- ceases when

32-1-509. Taxes on banks which have ceased to do business

32-1-510. Penalty for maliciously declaring bank insolvent

32-1-511. Bank may be placed in department's possession

32-1-512. Effect of posting notice

32-1-513. Taking possession of bank -- notice

32-1-514. Resumption after closing

32-1-515. Powers of department on closing bank -- court proceedings

32-1-516. Recourse of aggrieved bank -- injunction

32-1-517. Department may retain bank employees -- liquidating agent's salary and expenses

32-1-518. Compensation of agents and attorneys

32-1-519. through 32-1-530 reserved

32-1-531. Notice to creditors of insolvent bank

32-1-532. Claims -- allowance and rejection

32-1-533. Payment of claims

32-1-534. Claims -- order of payment -- priorities

32-1-535. Claims -- partial payments -- assignments

32-1-536. Deposit of funds in department's hands

32-1-537. Disposition of unclaimed funds

32-1-538. Disposition of assets remaining after payment of claims

32-1-539. through 32-1-550 reserved

32-1-551. Liquidating officer's powers and duties

32-1-552. Further duties of liquidating officer

32-1-553. Department to file inventory -- report required -- exception

32-1-554. through 32-1-560 reserved

32-1-561. Definitions

32-1-562. Power of department

32-1-563. Powers of officers

32-1-564. Notice of bank closing

32-1-565. Effect of closing