The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-10-15
CLOSED BANK
CLAIMS RULES
ARELAID DOWN
Guaranty Fund Commission
Prescribes Manner in Which
Claims May BE Made
FIRST TO RECEIVER

can share in the 10 percent dividend
which the Depositors Guaranty Fund
Commission proposes to make. under
the resolutions adopted by the COM
mission, as a. preliminary step to-
ward the payment of funds.
Resolutions of the commi ssons,
with regard to obligations on the
part of depositors before claims are
to be paid, follow:
WHEREAS, there can be no valid
or legal claim against the Depostors
Guaranty Fund, without the same
being valid claim against the bank
in which deposit is alleged to exist
as the basis of such claim, and,
whereas the law has provided for
the establishment Of claims against
the bank of deposit, by presentation
to and allowance by the Receiver.
and in case of rejection by the Re-
ceiver. by suit against him.
Regulation
No s.
NOW, THEREFORE. Be It Re
solved. That a Rule and Regulate on,
to be designated as number eight, be
heIcbH tSldbllSteu, tNdl tHe huolstii-
. ty Fund Commission shall refuse to
allow, or consider for allowance, any
claim against the Depositors' Guar
anty Fund, until the same has been
allowed by the Receiver of the bank
Of deposit, or established by the final
Judgment of 4 competent Court as \
claim against such Receiver.
Manner of Proof
WHEREAS, under Section Is of
Chapter 200 of the Session Laws OF
! 1928, being the Guaranty of Deposits
Act as amended. provides that the
Depositors' Guaranty Fund Commits
sion shall make Rules and Regua-
tions, and prescribe the manner by
which proof of claim by depositors
for allowance of claims guaranteed
under such Act shall be made, and
shall designate the form and man
ner of notification of such proof OF
claim, and
WHEREAS, heretofore the Guaran-
ty Fund Commission has designated
the form of vcrification of such proof
of claim by approval and adoption
of Guaranty Fund Commission Form
No. II, and
WHEREAS, it IS desirable that the
manner and substance of proof OF
claim of depositors for allowance OF
their claims for guaranty, under the
Guaranty of Deposits Act, be pre-
scribcd,
' Regulation
No. .
NOW, THEREFORE, Be 1t Resolv
ed, that Regulation No. 8 be hereby
adopted and established; as follows
viz:
That Proof of Claim for Deposit,
Guaranteed Under the Depositors
Guaranty Fund Act of The State o.
North Dakota, be required to he j,
form as prescribed BY the GuaraNt!
Fund Commission and dies icuated a.
Form No. -; and that such Proc
of CLAIM shall show the name Of tn,
closed bank, the name and address o
claimant. Il statement, itemizcd II
detail. showing claims for deposit:
subject to check, savings accounts
O. certificates of deposit, interest, /
any, on each thereof, and the tota
amount claimed as protected undo
the Guaranty Of Deposits Act
That such Proof of Claim shall D'
made by affidavit Of claimant, or 9th
>cr person having proper and lega
authority to act on behalf of tn,
claimant; that such affidavit shall
show that the person making tn
same has full knowledge of all fact
pertaining to such claim, and cacl
item thereof: that he is empoWere,
to file the claim on behalf of TIL
claimant: that no part of the amour
claimed has been paid, and that sai'
closed bank, nor its Receiver. is en-
titled to any set-off or counter CLAIM
against any portion of the amour
claimed; that the original deposito
has not transferred any part OF sal,
,claim, except as shown in said affi
davit; proof of transfer, if any ha
been made, to be attached to sucl
claim; and that there was no agree
ment made, promised or implie,
whereby the original depositor wa
to receive interest or compensation
upon any deposit made a part of sal,
. claim, or any part thereof, in an.
4 manner or form, or by whatever de
q vice, except interest at rate not il
d excess OF the rate as allowed AM
n fixed by the Depositors' Guarant.
81 Fund Commission in the County il
4 which closed bank was located; an
that such original depositor at n
ss3s time had received any bond, endorse
81 ment, collateral, or other securit
~
"A of it's officers, directors, or any 9th
- err person, firm or corporation, o
4 promise of any security in any 9th
Sss er manner; and that no part of sue
@ claim was for the obligation of sal
q closed bank as endorser upon bill
rediscounted or bills payable, or TO
money borrowed from its correspon
dents or from others; and that n
part of such claim was incurred b
said closed bank in the exchange Q
promissory notes or other evidence
of indebtedness, or other property o
"a any kindsOr nature, gave and eXcep
iOnly money or other common medium
sof exchange; and that such claii
8 shall be sworn to before Notar
Public, Clerk or Judge of Court Q
record.
, Making Claims
That where claims are made by a
officer Of Il company, executor or aC
administrator, guardian, treasurer @
sssSs other person having custody of fund
SS5Sfor associations and similar organ
sgssis zations, or where the name OF tn
i7Ipa,ty executing the claim does nc
Vngree with the records of the close
Rnk, documentary evidence shall