AB150-ASA,1564,622
186.29
(8) (title)
Title passes to
commissioner office. Immediately upon filing
23the notice as provided for in sub. (2), the possession of all assets and property of such
24credit union of every kind and nature, wheresoever situated shall be deemed to be
25transferred from such credit union to, and assumed by the
commissioner office of
1credit unions; and filing of the notice mentioned herein, shall of itself, and without
2the execution or delivery of any instruments of conveyance, assignment, transfer or
3indorsement, vest the title to all such assets and property in the
commissioner office
4of credit unions. Such filing shall also operate as a bar to any attachment,
5garnishment, execution or other legal proceedings against such credit union, or its
6assets and property, or its liabilities.
AB150-ASA,1564,118
186.29
(9) Effect of possession. No credit union shall have a lien, or charge
9for any payment, advance or clearance made, or liability thereafter incurred, against
10any of the assets of the credit union of whose property and business the
commissioner 11office of credit unions shall have taken possession.
AB150-ASA,1565,213
186.29
(10) Appeal. Whenever any such credit union, whose property and
14business the
commissioner office of credit unions has taken possession of, as
15aforesaid, deems itself aggrieved thereby, it may, at any time within 10 days after
16such taking, appeal to the credit union review board for relief from such possession
17by the
commissioner office of credit unions. In the event the credit union review
18board sustains the
commissioner office of credit unions, the said credit union may
19then at any time within 10 days after the decision of the credit union review board,
20apply to the circuit court of the county in which such credit union is located to enjoin
21further proceedings; and said court, after citing the
commissioner office of credit
22unions to show cause why further proceedings should not be enjoined and hearing
23all allegations and proofs of the parties and determining the facts, may, upon the
24merits dismiss such application or enjoin the
commissioner office of credit unions
1from further proceedings, and direct it to surrender such business and property to
2such credit union.
AB150-ASA, s. 4972
3Section
4972. 186.29 (11) (intro.) of the statutes is amended to read:
AB150-ASA,1565,64
186.29
(11) Reinstatement. (intro.) Whenever the
commissioner office of credit
5unions shall have taken over the possession and control of the business and property
6of any credit union the same may resume business when and if:
AB150-ASA,1565,108
186.29
(11) (a) The owners of at least two-thirds of such credit union dollar
9value of outstanding shares, execute a petition to such effect, the form of which shall
10be prescribed by the
commissioner office of credit unions, and
AB150-ASA,1565,1412
186.29
(11) (b) There is submitted to the
commissioner office of credit unions 13by such shareholders or a committee duly selected by them, a plan for the
14reorganization and reinstatement of such credit union, and
AB150-ASA,1565,1816
186.29
(11) (c) The
commissioner
office of credit unions recommends that
17control of the business and property of such credit union be returned to the
18shareholders, and
AB150-ASA,1565,2420
186.29
(11) (d) The court in which such liquidation is pending, upon application
21of the
commissioner office of credit unions, makes an order approving the
22commissioner's office's recommendations, which order shall contain a finding that
23such credit union will be in a safe and sound condition when control is resumed by
24the shareholders.
AB150-ASA,1566,11
1186.29
(12) Reinstatement upon restricted basis. Such credit union may also
2resume business upon a restricted basis, and upon such limitations and conditions
3as may be prescribed by the
commissioner office of credit unions when approved by
4the circuit court in and for the county in which such credit union is located, upon
5application of the
commissioner office of credit unions. Such restrictions and
6conditions may include, among others, a prohibition against the selling of new
7shares, reasonable restrictions upon withdrawals and the payment of other
8liabilities. Such credit union shall thereupon be relieved from the control and
9supervision of the
commissioner office of credit unions as provided in this section, but
10nothing herein shall, in any manner, prohibit the
commissioner office from again
11proceeding against such credit union as provided herein.
AB150-ASA,1566,2313
186.29
(13) (a) The special deputy
commissioner shall deposit unclaimed
14liquidating dividends and unclaimed funds remaining unpaid in the hands of the
15special deputy
commissioner for 6 months after the order for final distribution in one
16or more central credit unions in the
commissioner's
office of credit unions' name in
17trust for the shareholders and creditors of the liquidated credit union. The
18commissioner office of credit unions shall annually report to the governor and the
19chief clerk of each house of legislature for distribution to the legislature under s.
2013.172 (2) the names of credit unions of which the
commissioner office has taken
21possession and liquidated, and the sums of unclaimed and unpaid liquidating
22dividends and unclaimed funds with respect to each of the credit unions respectively,
23including a statement of interest earned upon such funds.
AB150-ASA,1567,9
1186.29
(13) (b) The
commissioner office of credit unions may pay over the
2moneys so held by the
commissioner office to the persons respectively entitled
3thereto, upon being furnished satisfactory evidence of their right to the same. In case
4of doubt or conflicting claims, the
commissioner
office of credit unions may require
5an order of the circuit court authorizing and directing the payment thereof. The
6commissioner office of credit unions may apply the interest earned by the moneys so
7held by the
commissioner office towards defraying the expenses in the payment and
8distribution of such unclaimed liquidating dividends and funds to the stockholders
9and creditors entitled to receive the same.
AB150-ASA,1567,1911
186.29
(13) (c) After one year from the time of the order for final distribution,
12the
commissioner office of credit unions shall report and deliver to the state treasurer
13all unclaimed funds as provided in ch. 177. All claims subsequently arising shall be
14presented to the
commissioner office of credit unions. If the
commissioner office of
15credit unions determines that any claim should be allowed,
he or she the office shall
16certify to the department of administration the name and address of the person
17entitled to payment and the amount thereof and shall attach the claim to the
18certificate. The
department secretary of administration shall certify the claim to the
19state treasurer for payment.
AB150-ASA,1568,721
186.30
(1) Whenever from an examination or report, it shall appear to the
22commissioner office of credit unions that the capital of any credit union is impaired,
23or may in the near future become impaired, the
commissioner office of credit unions 24may, with the approval of the credit union review board, issue an order to such credit
25union, requiring the directors to forthwith appoint
, subject to the approval of the
1commissioner office of credit unions, 3 competent persons, not members of such
2credit union, who shall appraise such property owned by, or upon which such credit
3union has a loan or judgment, as the
commissioner
office shall designate. The
4appraisers so appointed and approved shall appraise and fix the current market
5value of all such property as aforesaid and report their findings to the
commissioner 6office of credit unions and the directors. The value as found by such appraisers shall
7be the value from which all losses shall be determined.
AB150-ASA,1568,159
186.30
(2) Whenever the
commissioner
office of credit unions finds that the
10losses existing, or which it may reasonably be anticipated will be sustained in the
11near future, are more than two-thirds of the amount in the regular reserve of the
12credit union, the
commissioner office of credit unions may, with the approval of the
13review board, issue an order to such credit union, which order shall provide that no
14further dividends be credited or paid and no moneys paid out for retiring shares,
15whether noticed for withdrawal, until the
commissioner
office otherwise orders.