AB150: Bill Text Engrossed

AB150-engrossed,1837,3 215.24 Minimum net worth. An association shall maintain net worth at an amount not less than the minimum amount established by the commissioner division. If an association fails to maintain the minimum net worth required under this section, the commissioner division may take appropriate action, including but not limited to ordering the association to take corrective action or to restrict payment of dividends.

AB150-engrossed, s. 5614 Section 5614. 215.25 of the statutes is amended to read:

AB150-engrossed,1837,17 215.25 Audit requirements. Each association shall be audited at least once in each fiscal year by auditors and in a manner satisfactory to the commissioner division in accordance with the policies established by the commissioner division. The auditors are to be designated by the board of directors and must be independent, certified public accountants certified in this state. In lieu of audits by independent, certified public accountants, the board of directors may request an audit of the books and accounts to be made by the commissioner division to check the assets of the association and to determine losses, which request the commissioner division may refuse. The commissioner division may at any time make or cause to be made an audit of any association, with appraisals, when deemed advisable. Associations shall promptly file with the commissioner division a copy of the report of each audit, other than audits made by the commissioner division. The cost of any audit made pursuant to this section shall be paid by the association audited.

AB150-engrossed, s. 5615 Section 5615. 215.26 (3) of the statutes is amended to read:

AB150-engrossed,1837,21 215.26 (3) Obsolete records. Any association may destroy or dispose of such of its records as may become obsolete after first obtaining the written consent of the commissioner division.

AB150-engrossed, s. 5616 Section 5616. 215.26 (4) (a) of the statutes is amended to read:

AB150-engrossed,1838,6 215.26 (4) (a) Any association may cause any or all records kept by such association to be recorded, copied or reproduced by any photostatic, photographic or miniature photographic process or by optical imaging if the process employed correctly, accurately and permanently copies, reproduces or forms a medium for copying, reproducing or recording the original record on a film or other durable material. An association may thereafter dispose of the original record after first obtaining the written consent of the commissioner division. This section, excepting the part of it which requires written consent of the commissioner division, is applicable to federal associations insofar as it does not contravene federal law.

AB150-engrossed, s. 5617 Section 5617. 215.26 (5) of the statutes is amended to read:

AB150-engrossed,1838,12 215.26 (5) Legal holidays. The commissioner division shall designate such of the legal holidays listed in s. 895.20 as days on which no association may transact business or be open for the purpose of transacting business. For purposes of this subsection, operation of a remote service unit as defined in s. 215.13 (46) (a) 1. or an unstaffed facility does not constitute the transaction of business.

AB150-engrossed, s. 5618 Section 5618. 215.26 (8) (b) 1. of the statutes is amended to read:

AB150-engrossed,1838,15 215.26 (8) (b) 1. The commissioner division or duly its authorized representatives.

AB150-engrossed, s. 5619 Section 5619. 215.26 (8) (b) 3. of the statutes is amended to read:

AB150-engrossed,1838,19 215.26 (8) (b) 3. Any federal agency or other instrumentality approved by the commissioner division which is authorized to inspect and examine books and records of an insured association.

AB150-engrossed, s. 5620 Section 5620. 215.26 (9) of the statutes is amended to read:

AB150-engrossed,1838,24 215.26 (9) Closing books. Each association shall close its books at least once annually and at such other times as the commissioner division requires. The date of the annual fiscal closing may be March 31, June 30, September 30 or December 31, unless rules of the commissioner division otherwise direct.

AB150-engrossed, s. 5621 Section 5621. 215.32 (title) of the statutes is amended to read:

AB150-engrossed,1839,2 215.32 (title) Possession by commissioner division; involuntary liquidation.

AB150-engrossed, s. 5622 Section 5622. 215.32 (1m) (intro.) of the statutes is amended to read:

AB150-engrossed,1839,6 215.32 (1m) Conditions for taking possession. (intro.) The commissioner division may take possession of the business and property of any association to which this chapter applies if the commissioner division finds that the association:

AB150-engrossed, s. 5623 Section 5623. 215.32 (1m) (h) of the statutes is amended to read:

AB150-engrossed,1839,9 215.32 (1m) (h) Has failed to comply with an order of the commissioner division; or

AB150-engrossed, s. 5624 Section 5624. 215.32 (2) (intro.) of the statutes is amended to read:

AB150-engrossed,1839,13 215.32 (2) Procedure after taking possession. (intro.) After taking possession of the business and property of an association, the commissioner division shall immediately:

AB150-engrossed, s. 5625 Section 5625. 215.32 (2) (a) of the statutes is amended to read:

AB150-engrossed,1839,18 215.32 (2) (a) Serve written notice on an officer of the association stating that the commissioner division has taken possession and control of the business and property of the association. A copy of the notice and proof of service thereof shall be filed with the clerk of circuit court.

AB150-engrossed, s. 5626 Section 5626. 215.32 (2) (b) of the statutes is amended to read:

AB150-engrossed,1839,21 215.32 (2) (b) Mail notice to the last-known address of any person known to the commissioner division to be in possession of assets of the association.

AB150-engrossed, s. 5627 Section 5627. 215.32 (3) of the statutes is amended to read:

AB150-engrossed,1840,2 215.32 (3) Employment of counsel; retention of officers and employes of association. The commissioner division may employ necessary counsel and experts in a liquidation under this section and may retain any officer or employe of the association.

AB150-engrossed, s. 5628 Section 5628. 215.32 (4) of the statutes is amended to read:

AB150-engrossed,1840,9 215.32 (4) (title) Appointment of special deputy commissioners. The commissioner division may appoint special deputy commissioners deputies as agents to assist in the liquidation and distribution of the assets of associations whose business and property the commissioner division has taken possession of. A certificate of the appointment shall be filed in the office of the commissioner with the division and a certified copy shall be filed in the office of the clerk of circuit court.

AB150-engrossed, s. 5629 Section 5629. 215.32 (5) of the statutes is amended to read:

AB150-engrossed,1840,13 215.32 (5) (title) Surety bonds of special deputy commissioners deputies and assistants. Special deputy commissioners deputies and assistants shall furnish surety bonds in accordance with s. 215.11.

AB150-engrossed, s. 5630 Section 5630. 215.32 (6) (title) of the statutes is amended to read:

AB150-engrossed,1840,15 215.32 (6) (title) Duties of special deputy commissioners deputies.

AB150-engrossed, s. 5631 Section 5631. 215.32 (6) (a) of the statutes is amended to read:

AB150-engrossed,1841,7 215.32 (6) (a) Notice, allowance and payment of claims. The special deputy commissioner shall publish a class 3 notice, under ch. 985, requiring all persons who have claims against the association, other than savers whose claims are shown in the records of the association, to file proof of their claims at a place and by a date not earlier than 30 days after the last insertion of the notice. The special deputy commissioner shall mail a copy of the notice to all persons, at their last-known addresses, who appear as creditors upon the books of the association. Proof of publication and service of the notice shall be filed with the clerk of circuit court. A claim, other than that of a saver whose claim is shown on the records of the association, for which no proof of claim is filed by the date fixed in the notice is barred. Savers whose claims are shown in the records of the association need not file proof of their claims. Any interested party may file written objections to any claim with the special deputy commissioner. The special deputy commissioner may reject any claim, including a claim of a saver. After notice by registered mail of rejection, the claim is barred unless the claimant commences an action within 90 days after the date of mailing of the notice of rejection.

AB150-engrossed, s. 5632 Section 5632. 215.32 (6) (b) of the statutes is amended to read:

AB150-engrossed,1841,17 215.32 (6) (b) Inventory of assets and statement of liabilities. The special deputy commissioner appointed under this section shall make an inventory of the assets of the association. One copy of the inventory shall be filed in the office of the commissioner with the division and one in the office of the clerk of circuit court. After the time for filing proof of claims has expired, the special deputy commissioner shall make a complete list of the claims for which proof of claims were filed and specify the claims he or she the special deputy has rejected. One copy shall be filed in the office of the commissioner with the division and one in the office of the clerk of circuit court. The inventory of assets and list of claims shall be open to inspection.

AB150-engrossed, s. 5633 Section 5633. 215.32 (6) (c) of the statutes is amended to read:

AB150-engrossed,1841,24 215.32 (6) (c) Execution of legal documents; borrowing of money. A special deputy commissioner appointed under this section may, with the prior approval of the commissioner division and the circuit court, execute, acknowledge and deliver all deeds, assignments, releases or other instruments necessary and proper to effect any sale or transfer or incumbrance of the property of an association subject to this section and may borrow money for use in the liquidation.

AB150-engrossed, s. 5634 Section 5634. 215.32 (6) (d) of the statutes is amended to read:

AB150-engrossed,1842,8 215.32 (6) (d) Conservation of assets; collection of claims; sale of assets and performance of any other acts upon order of the court. A special deputy commissioner appointed under this section may take any action necessary to conserve the assets and business of an association subject to this section and shall proceed to liquidate its affairs. The special deputy commissioner shall collect all claims belonging to the association, and, with the prior approval of the commissioner division and the circuit court, may sell or compound all bad or doubtful claims, do any act or execute any necessary instruments, or sell the property of the association.

AB150-engrossed, s. 5635 Section 5635. 215.32 (6) (e) of the statutes is amended to read:

AB150-engrossed,1842,13 215.32 (6) (e) Depositing of moneys in one or more financial institutions. The moneys collected by the special deputy commissioner under this section shall be deposited in financial institutions, and in case of the suspension or insolvency of the depository the deposits shall be preferred before all other deposits.

AB150-engrossed, s. 5636 Section 5636. 215.32 (6) (em) 1. of the statutes is amended to read:

AB150-engrossed,1842,17 215.32 (6) (em) 1. All costs, expenses and debts of the association incurred on or after the date on which the commissioner division takes possession of the association.

AB150-engrossed, s. 5637 Section 5637. 215.32 (6) (f) of the statutes is amended to read:

AB150-engrossed,1842,25 215.32 (6) (f) Liquidating dividends. After the date fixed for filing proof of claims under s. 215.32 (6) (a), the special deputy commissioner may, with the prior approval of the commissioner division and the circuit court, out of the funds remaining after the payment of costs, expenses, debts and claims under par. (em), declare liquidating dividends, and may declare a final liquidating dividend. The liquidating dividends shall be paid to those persons, in those amounts directed by the circuit court.

AB150-engrossed, s. 5638 Section 5638. 215.32 (6) (g) of the statutes is amended to read:

AB150-engrossed,1843,13 215.32 (6) (g) Notice prior to order for final distribution. Prior to the order for final distribution under par. (f), the special deputy commissioner shall publish a class 3 notice, under ch. 985, and give such further notice as the circuit court directs, requiring all persons who have claims against the association arising during the liquidation proceedings to file proof of their claims at a place and by a date not earlier than 30 days after the last insertion of the notice. Proof of publication of the notice shall be filed with the clerk of circuit court. A claim for which no proof of claim is filed by the date fixed in the notice is barred. Any interested party may file written objection to any claim with the special deputy commissioner. The special deputy commissioner may reject any claim. After notice by registered mail of rejection, the claim is barred unless the claimant commences an action within 90 days after the date of mailing of the rejection.

AB150-engrossed, s. 5639 Section 5639. 215.32 (6) (h) of the statutes is amended to read:

AB150-engrossed,1843,24 215.32 (6) (h) Transfer of residual assets to commissioner. After the order for final distribution has been made under par. (f), the special deputy commissioner shall, with the approval of the commissioner division and the circuit court, assign all assets, claims and demands that have been written off and considered worthless, and all unknown assets, to the commissioner division. The commissioner division may accept and hold the assets, claims and demands, with the power to compound, compromise, settle and assign them and execute and deliver any legal instrument incidental thereto without court approval. Any moneys received shall be paid into the general fund of the state after the commissioner division has deducted the cost of his or her division services, attorney fees and other incidental expenses.

AB150-engrossed, s. 5640 Section 5640. 215.32 (7) (a) 1. (intro.) of the statutes is amended to read:

AB150-engrossed,1844,2 215.32 (7) (a) 1. (intro.) The special deputy commissioner shall deliver to the commissioner division:

AB150-engrossed, s. 5641 Section 5641. 215.32 (7) (a) 1. a. of the statutes is amended to read:

AB150-engrossed,1844,6 215.32 (7) (a) 1. a. Any unclaimed liquidating dividends and all funds remaining in the hands of the special deputy commissioner at the date of the order for final distribution.

AB150-engrossed, s. 5642 Section 5642. 215.32 (7) (a) 2. of the statutes is amended to read:

AB150-engrossed,1844,10 215.32 (7) (a) 2. The commissioner division shall deposit moneys delivered under subd. 1. in a financial institution, to the credit of the commissioner division in trust for the persons entitled to the moneys.

AB150-engrossed, s. 5643 Section 5643. 215.32 (7) (a) 3. (intro.) of the statutes is amended to read:

AB150-engrossed,1844,13 215.32 (7) (a) 3. (intro.) The commissioner division shall include in the annual report under s. 215.02 (11):

AB150-engrossed, s. 5644 Section 5644. 215.32 (7) (c) (intro.) of the statutes is amended to read:

AB150-engrossed,1844,15 215.32 (7) (c) (intro.) The commissioner division may:

AB150-engrossed, s. 5645 Section 5645. 215.32 (7) (d) of the statutes is amended to read:

AB150-engrossed,1844,23 215.32 (7) (d) The commissioner division may make application to the circuit court for an order determining what books or records of an association subject to this section are to be kept or destroyed. All books or records ordered kept shall be kept in a manner and place ordered, subject to the further order of the circuit court. The expense of keeping books or records shall be paid before final distribution. All books or records ordered destroyed shall be delivered to the commissioner division to be destroyed.

AB150-engrossed, s. 5646 Section 5646. 215.32 (8) of the statutes is amended to read:

AB150-engrossed,1845,5 215.32 (8) (title) Title passes to commissioner division . The possession of and title to all property of the association is transferred from the association to the commissioner division on the date the notice required by sub. (2) is filed. The filing of the notice bars any attachment, garnishment, execution or other legal proceedings against the association or its property.

AB150-engrossed, s. 5647 Section 5647. 215.32 (9) of the statutes is amended to read:

AB150-engrossed,1845,9 215.32 (9) Effect of possession. No association shall have a lien or charge for any payment, advance or clearance made or liability incurred, against any of the assets of the association after the commissioner division has possession.

AB150-engrossed, s. 5648 Section 5648. 215.32 (10) of the statutes is amended to read:

AB150-engrossed,1845,17 215.32 (10) Action to enjoin proceedings. An association subject to this section may, within 10 days after the notice required under sub. (2) is filed, apply to the circuit court to enjoin further proceedings. The circuit court, after citing the commissioner division to show cause why further proceedings should not be enjoined and hearing the matter, may enjoin the commissioner division from further proceedings, and direct the commissioner division to surrender the association's business and property to the association.

AB150-engrossed, s. 5649 Section 5649. 215.32 (11) of the statutes is amended to read:

AB150-engrossed,1846,2 215.32 (11) Compensation and expenses in connection with liquidation. The compensation of the special deputy commissioners deputies, counsel and other employes and assistants and all expenses of supervision and liquidation shall be fixed by the commissioner division, subject to the approval of the circuit court, and shall upon the certificate of the commissioner division be paid out of the funds of the association. Such expenses include the cost of the service rendered by the commissioner division to the association and shall be determined from time to time by the commissioner division and shall be paid to the commissioner division from the assets of the association.

AB150-engrossed, s. 5650 Section 5650. 215.32 (13) (intro.) of the statutes is amended to read:

AB150-engrossed,1846,6 215.32 (13) Reinstatement. (intro.) Whenever the commissioner division has taken possession of the business and property of any association, the association may resume business when:

AB150-engrossed, s. 5651 Section 5651. 215.32 (13) (a) of the statutes is amended to read:

AB150-engrossed,1846,12 215.32 (13) (a) In the case of a mutual association, the owners of at least two-thirds of such association's dollar value aggregate of outstanding savings accounts or, in the case of a capital stock association, the owners of at least two-thirds of the association's outstanding shares, execute a petition to such effect, in the form prescribed by the commissioner division;

AB150-engrossed, s. 5652 Section 5652. 215.32 (13) (b) of the statutes is amended to read:

AB150-engrossed,1846,16 215.32 (13) (b) Such members, savers or stockholders, or a committee selected by them, submit to the commissioner division a plan for the reorganization and reinstatement of the association;

AB150-engrossed, s. 5653 Section 5653. 215.32 (13) (c) of the statutes is amended to read:

AB150-engrossed,1846,19 215.32 (13) (c) The commissioner division recommends that control of the business and property of the association be returned to the directors; and

AB150-engrossed, s. 5654 Section 5654. 215.32 (13) (d) of the statutes is amended to read:

AB150-engrossed,1846,23 215.32 (13) (d) The court in which such liquidation is pending, upon application of the commissioner division, finds that the association will be in a safe and sound condition when control is resumed by the directors.

AB150-engrossed, s. 5655 Section 5655. 215.32 (14) of the statutes is amended to read:

AB150-engrossed,1847,8 215.32 (14) Reinstatement upon a restricted basis. Such association may resume business upon a restricted basis, and upon limitations and conditions prescribed by the commissioner division when approved by the circuit court, upon application of the commissioner division. Such restrictions and conditions may include a prohibition against the acceptance of payments on new savings accounts, reasonable restrictions upon withdrawals of savings accounts and the payment of other liabilities. Such associations shall thereupon be relieved from the control of the commissioner division.

AB150-engrossed, s. 5656 Section 5656. 215.32 (15) (a) of the statutes is amended to read:

AB150-engrossed,1847,24 215.32 (15) (a) The commissioner division may, if the commissioner division takes possession of any association, the savings accounts of which are to any extent insured by the federal savings and loan insurance corporation, tender to said corporation the appointment as statutory liquidator of such association. If the commissioner division does not make such tender, the commissioner division shall tender to said corporation the appointment as statutory co-liquidator to act jointly with the commissioner division, but such co-liquidatorship shall not be for more than one year from the date of such tender, at the expiration of which time the commissioner division shall become the sole liquidator except as herein otherwise provided. The commissioner division shall tender to said corporation the appointment as sole statutory liquidator of such association whenever said corporation has become subrogated to the rights of 90 per cent of the liability of such association on savings accounts. If the corporation becomes subrogated as to all the savings accounts in such association, it may then exercise all the powers and privileges herein conferred upon it without court approval.

AB150-engrossed, s. 5657 Section 5657. 215.32 (15) (b) of the statutes is amended to read:

AB150-engrossed,1848,9 215.32 (15) (b) If the corporation accepts the appointment as sole liquidator it shall possess all the powers and privileges of the commissioner division as statutory liquidator of a possessed savings and loan association, and be subject to all the duties of the commissioner division as sole liquidator, except insofar as such powers and privileges or duties are in conflict with federal laws, and except as herein otherwise provided, unless such association resumes business, pursuant to subs. (13) and (14). If the corporation accepts the appointment as co-liquidator, it shall possess such powers and privileges jointly with the commissioner division and shall be subject to such duties jointly with said commissioner division.