The Nevada County picayune., 1914-06-05
the order of the bank commissioner, tc be countersienAd hx the auditor of State.

tho order of the bank commissioner, to be countersisned by the auditor of State: TOT the payment of depcsltorS or Tailed guaranteed banks, as hersinafter pro ylded. The State treasurer shall credit ms Iund quarterly with it's proportloh- ate share of interest received from state funds, computed at the minimum rate or interest provided by law, upon the aver age daily balance of said fund.
 Sec. 5. When any bank shall be found 10 ne 1nsolvent by the bank commls- sloner he shall take charge Of sucn bank, as provided by law, and proceed to wind up its affairs: and he shall, at the earliest moment, issue to each oe
 posftor certificate. upon proof or claim, bearing six per cent interest per annum upon which dividends shall De entered when paid, except where con tract rate exists on the deposit: m which case the certificate shall bear interest at the contract rate; notice oI the amount of each dividend to be pal creditors and the date when such pay ment IS to be made shall be publlshei Tn two consecutive issues of paper or general circulation in the county or city in which such failed bank is located, and q corresponding notice posted on the door of the receivers office. ana interest shall cease on each dividend on the day named in such notice. The bank commissioner shall likewise publish notice of the date upon which he will make payments of any balance due on such proof of claim and interest shall cease on the day so advertised. ana said proof of claim shall so state. After the officer in charge of the bank shall nave realized upon the assets or such bank and exhausted the double liability of it's stockholders. and shall have paid all funds so collected in dividends to the depositors. he shall certify all balances due on guaranteed deposits (lf any exisG to the bank commissioner: who shall then, upon his approval or such certification, draw checks upon the R n he the auditor of State. payable out or the bank depositors' guaranty fund, in faVor of each depositor for the balance due on such proof of claim as hereinafter provided. If at any time the available funds in the bank depositors guaranty fund shall not be sufficient to pay all ouara nteed deposits of any failed bank, the six assessments herein provided for having been made. the bank commits Sioner shall pay depoSitOrs pro rata and the remainder shall be paid when the next assessment is available; provided. however. that whenever the bank com missioner shall have paid any dividend to the depositors of any failed bank out of the bank depositors' guaranty fund, then all claims and rights of action of such depositors so paid shall revert to the bank commissioner for the benefit of said bank depositOrs' guaranty fund, until said fund shall have been fully re- lmbursed for payments made on account of such failed bank, with interest there
 
 Sec. 6. A penalty of fifty per cent of the amount of said assessment shall be added to the assessment of any bank not remitting as aforesaid within thirty days after receipt of notice of such as- SeSSment from the bank commi isSioner. and if any bank which shall have been assessed and notified as aforesaid shall fail to remit the amount of said assess ment as herein provided. sufficient amount of its bonds (together with the unexpired coupons) shall be immedia tely sold by the bank commissioner at public sale and the proceeds used to pay said assessment. Any balance remaining from the proceeds of such sale after the payment of such assessment shall remain to the credit of the bank in the depositors' guaranty fund. The said balance, together with the remainder of the bonds Cor cash in lieu thereof), shall be forfeited b the bank depositors guaranty fund if the bank does not within sixty days from default in pay ment of such assessment remit the and penalty to date, and restore the amount of It's bonds, or money pledg- ed. as evidence of good faith. Upon the banks failure to remit it's assess ments according to the terms of this act. the bank commissioner shall inn mediately examine such bank. and If tt Is found in his judgment to be in. solvent. he shall take charge of and iiquidate said bank according to law If said bank be found solvent, the bank commissioner shall cancel it's certificate as a guaranteed bank and cause to be, displayed in its banking rooms. in a conspicious place, continuously for six months. card not smaller than twenty inches by thirty inches. and in large plain type. reading as follows: sTh.s bank has withdrawn from the bank de- positors' guaranty fund and the guaranty of its deposits will cease on and after ........." The date on this card shall be date six months after the first posting of such card. Any bank electing to withdraw from the bank depositors' guaranty fund may do so by giving mo- tice to the bank commissioner and dis playing a card as aforesaid and at the expiration of the six months as afore- said may receive its bonds provided always that said bank shall have paid assessments in full to date) when the affairs of all failed banks in liquidation at the expiration of said six months shall have been closed up and the said bank shall have paid its assessments on account of same.
 Sec. '. Deposits which do not bear interest and the following deposits only shall he guaranteed by this act: Time certificates not payable in less than six months from date and not extending for more than one year. bearing interest at not to exceed four per cent per an mum and on which interest shall cease at maturity, daily deposits not to exceed a greater rate of interest than three per cent per annum. Deposits which are primarily rediscounts or money bor- rowed by the bank. and all deposits otherwise secured. shall not be guaran- teed by this act. Each guaranteed bank shall certify under oath to the bank commissioner at the date of each called statement the amount of money it has on deposit. not eligible to guaranty under the provisions of this act and in ssses- sing such bank this amount shall be deducted from it's total deposit The guaranty as provided for in this act shall not apply to a banks obligation as endorser upon bills rediscounted nor to bills payable. nor to money borrowed temporarily from its correspondents or others.
 Sec &. Each bank guaranteed by this act shall keep correct record of tho rate of interest paid or agreed to be paid to each depositor, and shall make a statement thereof under oath to the bank commissioner quarterly. If bank a card or in any manner adver- tises that it's depositors are guaranteed. such bank, if 1t pays or agrees to pay either directly or indirectly, interest at any rate greater than four per cent DOT annum upon deposits of any kind class