N.D. Cent. Code § 6-07.1-02

Current through 2023 Legislative Sessions
Section 6-07.1-02 - Involuntary closing

After closing a state trust company, the commissioner shall place a sign at its main entrance stating that the state trust company has been closed. A correspondent bank of the closed state trust company may not pay an item drawn on the account of the closed state trust company which is presented for payment after the correspondent has received actual notice of closing unless it previously certified the item for payment. As soon as practicable after posting the sign at the state trust company's main entrance, the commissioner shall file a copy of the notice of the action to close a state trust company in district court in the county where the state trust company's home office is located. The court in which the notice is filed shall docket it as a case styled, "In re liquidation of ____", inserting the name of the state trust company. As soon as this notice is filed, the court has constructive custody of all the state trust company's assets, and any action initiated which seeks to directly or indirectly affect state trust company assets is considered to be an intervention in the receivership proceeding. Venue for an action instituted to effect, contest, or otherwise intervene in the liquidation of a state trust company is Burleigh County, North Dakota, except on a motion filed and served concurrently with or before the filing of the answer, the court, on a finding of good cause, may transfer the action to the county of the state trust company's home office.

N.D.C.C. § 6-07.1-02