6-487. Proposal of plan; petition; notice of
hearing
A. A plan may be proposed by the superintendent or by an association subject to the
approval of the superintendent. If proposed by an association, the proposal shall be
through its board of directors, or by the holders of accounts equal in amount to not less
than fifty per cent of the total accounts of the association, or by the holders of not
less than a majority of the outstanding shares of guaranty capital of the association, if
any.
B. The plan shall be presented by the proponents to the superior court of the
county in which the principal place of business of the association is located, with a
petition that the court determine the fairness of the plan and the conditions requisite
to the plan becoming operative. The petition shall set forth the plan and the fact that
it has been proposed or approved by the superintendent and any other facts which are
deemed material to a consideration of the fairness of the plan.
C. Upon filing the petition, the court shall fix the time and place for hearing it,
and shall direct the association to deliver to the proponents, or, in the discretion of
the court, to the superintendent, a list of the names and addresses of the holders of
accounts, holders of shares of guaranty capital, if any, creditors of the association,
and of all other persons affected by the plan, and the association shall comply with the
direction.
D. Thereafter the proponents of the plan, not less than twenty days before the date
fixed for the hearing, shall mail or cause to be mailed to each of the persons shown on
the list furnished pursuant to direction of the court and to all other persons affected
by the plan, notice of the time and place fixed by the court for the hearing and either a
copy of the plan or a summary thereof. Any summary shall be prepared or approved by the
superintendent. The notices shall be mailed, postage prepaid, to the respective
addresses as shown on the list, or if no address is there shown, to the last known
available address. The proponents of the plan shall also post notice of the time and
place fixed for the hearing in three public places in the county not less than twenty
days before the day fixed for the hearing and shall publish the notice at least once in a
newspaper of general circulation published in the county not less than twenty nor more
than thirty days prior to the day fixed for the hearing.
E. A copy of the plan shall be kept by the superintendent available for public
inspection, and he shall take other steps as he deems necessary for making the plan and
all notices and facts in connection therewith available to the interested parties.
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