Article 7 - Receivership

California Financial Code — §§ 8250-8254

Sections (5)

Amended by Stats. 1988, Ch. 718, Sec. 22.

(a)If the commissioner finds that any association (1) is in an impaired condition, (2) is engaging in practices that threaten to result in an impaired condition, or (3) is in violation of an order or injunction issued pursuant to this division, the commissioner may appoint a receiver for the association.

(b)The receiver may be the commissioner, deputy commissioner or any other person.

(c)The receiver shall, upon appointment, immediately take possession of the books, records, and assets of every

description of the association.

§ 8251

Amended by Stats. 1988, Ch. 718, Sec. 23.

(a)In the case of an insured association, the appointment by the commissioner of a receiver under this article shall constitute an official determination of a public authority of this state pursuant to which a receiver is appointed for the purpose of liquidation as contemplated by and within the meaning of subdivision (d) of Section 401 of the National Housing Act of 1934 (12 U.S.C. Sec. 1701 et seq.), as amended.

(b)A receiver shall have all the powers and authority of a conservator plus the power to liquidate, and shall have any other powers and authority that are

expressed in an order of a court.

§ 8252

Repealed and added by Stats. 1983, Ch. 1091, Sec. 2.

If the commissioner or a department employee is appointed receiver, no additional compensation shall be paid, but if another person is appointed, then the compensation of the receiver, as determined by the court, shall be paid from the assets of the association.

§ 8253

Amended by Stats. 1990, Ch. 1118, Sec. 55.

If the association is an institution insured by the Federal Deposit Insurance Corporation, the Federal Deposit Insurance Corporation shall be tendered appointment as receiver or coreceiver. If it accepts the appointment, it may, nevertheless, make loans on the security of or purchase at public or private sale any part or all of the assets of the association of which it is receiver or coreceiver, provided the loan or purchase is approved by the court.

§ 8254

Added by Stats. 1988, Ch. 718, Sec. 24.

Whenever a receiver has taken possession of the property and business of any association pursuant to this article, that association, within 10 days after the taking, if it deems itself aggrieved thereby, may apply to the superior court in the county in which the home office of the association is located to enjoin further proceedings. The court, after citing the commissioner to show cause why further proceedings should not be enjoined and after hearing and determination of the facts, may dismiss the application or enjoin the commissioner from further proceedings and direct the commissioner to surrender the property and business to that

association.