§412:2-415 - Notice of receivership; filing of claims.
§412:2-415 Notice of receivership; filing
of claims. (a) Upon commencement of the receivership, the receiver shall
promptly give notice of the fact and purpose of the receivership in a form
prescribed by the commissioner and directing depositors and creditors to file
any claims they might have against the institution within four months after the
first publication of such notice. Such notice may be by:
(1) Publishing the notice in a newspaper of general
circulation in every county where the financial institution engages in business
once in each of three successive weeks;
(2) Delivering the notice to all known depositors,
creditors and parties holding any assets of the financial institution;
provided, however, that notice of the fact and purpose of the receivership need
not be given to depositors of the institution all of whose deposits have been
paid by a federal deposit insurer or assumed by a federally insured financial
institution and who have received appropriate notice of such payment or
assumption; and
(3) Posting the notice in the principal office and
each branch and agency office of the institution.
(b) Any claim which is not filed within four
months after the first date of publication of the notice required by subsection
(a) shall be forever barred; provided, that this subsection shall not apply to
any depositor or creditor whose claim appears on the records of the
institution, to the extent shown on such records, whether or not the same is
disputed.
(c) The receiver may reject a claim in writing
within sixty days after receipt thereof, otherwise it shall be deemed
accepted. Upon rejection of a claim by the receiver, the claimant may petition
the circuit court for a review of the receiver's determination, provided that
any petition for review not filed within four months after the receipt by the
claimant of the notice of rejection from the receiver will be barred. In lieu
of review by the circuit court of the receiver's decision to reject a claim,
the parties may mutually agree to have any claim decided by binding arbitration
before an arbitrator appointed by the commissioner or the court. [L 1993, c
350, pt of §1]