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Home » US Law » 2022 Revised Code of Washington » Title 30A - Washington Commercial Bank Act » Chapters » Chapter 30A.44 - Insolvency and Liquidation.

30A.44.020 – Director may order levy of assessment.

RCW 30A.44.020 Director may order levy of assessment. (1) Whenever it shall in any manner appear to the director that any offense or delinquency referred to in RCW 30A.44.010 has resulted in a bank being critically undercapitalized with no reasonably foreseeable prospect of recovery, or that it has suspended payment of its obligations or is […]

30A.44.030 – Director’s right to take possession may be contested.

RCW 30A.44.030 Director’s right to take possession may be contested. Within ten days after the director takes possession thereof, a bank may serve a notice upon the director to appear before the superior court of the county wherein such corporation is located and at a time to be fixed by the court, which shall not […]

30A.44.040 – Notice of taking possession.

RCW 30A.44.040 Notice of taking possession. Upon taking possession of any bank, the director shall forthwith give written notice thereof to all persons having possession of any assets of such corporation. No person knowing of the taking of such possession by the director shall have a lien or charge for any payment thereafter advanced or […]

30A.44.050 – Powers and duties of director.

RCW 30A.44.050 Powers and duties of director. Upon taking possession of any bank, the director shall proceed to collect the assets thereof and to preserve, administer and liquidate the business and assets of such corporation. With the approval of the superior court of the county in which such corporation is located, he or she may […]

30A.44.060 – Notice to creditors—Claims.

RCW 30A.44.060 Notice to creditors—Claims. The director shall publish once a week for four consecutive weeks in a newspaper which he or she shall select, a notice requiring all persons having claims against such corporation to make proof thereof at the place therein specified not later than ninety days from the date of the first […]

30A.44.070 – Inventory—List of claims.

RCW 30A.44.070 Inventory—List of claims. Upon taking possession of such corporation, the director shall make an inventory of the assets in duplicate and file one in his or her office and one in the office of the county clerk. Upon the expiration of the time fixed for the presentation of claims, he or she shall […]

30A.44.080 – Objections to approved claims.

RCW 30A.44.080 Objections to approved claims. Objection may be made by any interested person to any claim approved by the director, which objection shall be determined by the court upon such notice to the claimant and objector as the court shall prescribe. [ 1994 c 92 § 114; 1955 c 33 § 30.44.080. Prior: 1917 […]

30A.44.090 – Dividends.

RCW 30A.44.090 Dividends. At any time after the expiration of the date fixed for the presentation of claims, the director, subject to the approval of the court, may declare one or more dividends out of the funds remaining in his or her hands after the payment of expenses. [ 1994 c 92 § 115; 1955 […]

30A.44.100 – Receiver prohibited except in emergency.

RCW 30A.44.100 Receiver prohibited except in emergency. No receiver shall be appointed by any court for any bank, nor shall any assignment of any bank for the benefit of creditors be valid, excepting only that a court otherwise having jurisdiction may in case of imminent necessity appoint a temporary receiver to take possession of and […]

30A.44.110 – Preferences prohibited—Penalty.

RCW 30A.44.110 Preferences prohibited—Penalty. (1) Every transfer of its property or assets by any bank, made (a) in contemplation of insolvency or after it shall have become insolvent, (b) within ninety days before the date the director takes possession of such bank under RCW 30A.44.010, 30A.44.020, 30A.44.100, or 30A.44.160, or the federal deposit insurance corporation […]

30A.44.120 – Receiving deposits when insolvent—Penalty.

RCW 30A.44.120 Receiving deposits when insolvent—Penalty. An officer, director, or employee of any bank who shall fraudulently receive for it any deposit, knowing that such bank or trust company is insolvent, is guilty of a class B felony punishable according to chapter 9A.20 RCW. [ 2014 c 37 § 230; 2003 c 53 § 191; […]

30A.44.130 – Expense of liquidation.

RCW 30A.44.130 Expense of liquidation. All expenses incurred by the director in taking possession, administering and winding up any such corporation, including the expenses of assistants and reasonable fees for any attorney who may be employed in connection therewith, and the reasonable compensation of any special assistant placed in charge of such corporation shall be […]

30A.44.140 – Liquidation after claims are paid.

RCW 30A.44.140 Liquidation after claims are paid. When all proper claims of depositors and creditors (not including stockholders) have been paid, as well as all expenses of administration and liquidation and proper provision has been made for unclaimed or unpaid deposits and dividends, and assets still remain in his or her hands, the director shall […]

30A.44.150 – Unclaimed dividends—Disposition.

RCW 30A.44.150 Unclaimed dividends—Disposition. Any dividends to depositors or other creditors of such bank remaining uncalled for and unpaid in the hands of the director for six months after order of final distribution, shall be deposited in a bank to his or her credit, in trust for the benefit of the persons entitled thereto and […]

30A.44.160 – Voluntary closing—Possession of the director—Notice.

RCW 30A.44.160 Voluntary closing—Possession of the director—Notice. (1) Subject to the consent of the director, a bank may voluntarily stipulate and consent to an order taking possession and thereby place itself under the control of the director to be liquidated and be made subject to receivership as provided in this chapter. (2) Upon issuance of […]

30A.44.170 – Voluntary liquidation—Notice to creditors.

RCW 30A.44.170 Voluntary liquidation—Notice to creditors. Any bank may, upon receipt of written permission from the director, go into voluntary liquidation by a vote of its stockholders owning two-thirds of its capital stock. When such liquidation is authorized, the directors of such corporation shall publish in a newspaper published in the place where such corporation […]

30A.44.180 – Unclaimed dividends on voluntary liquidation.

RCW 30A.44.180 Unclaimed dividends on voluntary liquidation. Whenever any bank shall voluntarily liquidate, any dividends to depositors or other creditors of such bank remaining uncalled for and unpaid at the conclusion of the liquidation shall be transmitted to the director and shall be deposited by him or her in a bank or trust company to […]

30A.44.190 – Disposition of unclaimed personal property.

RCW 30A.44.190 Disposition of unclaimed personal property. Whenever any bank shall be liquidated, voluntarily or involuntarily, and shall retain in its possession at the conclusion of the liquidation, uncalled for and unclaimed personal property left with it for safekeeping, such property shall, in the presence of at least one witness, be inventoried by the liquidating […]

30A.44.200 – Duty of director—Notice to owner.

RCW 30A.44.200 Duty of director—Notice to owner. Upon receiving possession of the packages, the director shall cause them to be opened in the presence of at least one witness, the property reinventoried, and the packages resealed, and held for safekeeping. The liquidated bank, its directors, officers, and shareholders, and the liquidating agent shall thereupon be […]