reglab/housing_qa huggingface dataset:
MT Code § 32-2-1019 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1019. Claims -- partial payments -- assignments

  32-2-1019. Claims -- partial payments -- assignments. (1) At any time after taking possession of the mutual association and prior to the expiration of the period fixed for filing of claims, and if under the circumstances of the particular case it considers it expedient and safe and if it has on hand in cash sufficient funds in excess of the expenses of liquidation, the department may make pro rata distribution to any class of creditors entitled to distribution in the order of priority fixed in this chapter. The department shall make a payment to the creditors as they appear on the books and records of the mutual association and after determining the priority and basing its apportionment on the amount shown to be due by the books and records.  (2) At any time after the expiration of the date fixed for the presentation of claims against the mutual association and from time to time after that date when, in its discretion, there are sufficient funds available, the department shall, after making proper provisions for the payment of expenses of liquidation, declare and make payments to all creditors of the mutual association pro rata in the order of their priority. If, after the time fixed for presentation of claims against the mutual association has expired, it appears that a person, prior to the expiration of the period or at any other time, has been paid more than the pro rata amount due the person as compared with the amounts paid to other creditors, nothing more may be paid to that creditor until the payment made to other creditors places them on equal footing.   (3) Claims against a mutual association in process of liquidation may be assigned in whole or in part subject to the approval of the department. Assignments of claims are binding on the department only after they have been filed and allowed by the department and are subject to the payment of the assignor's liabilities to the mutual association. An assignment must be made by filing written notice, signed by the original claimant, with the department or person in charge of the mutual association. Assigned claims may not be offset against obligations due the mutual association. A check or draft drawn against a mutual association closed or taken possession of by the department, whether issued before or after closing, may not be recognized as a claim against the mutual association or as an assignment of any amount, whether protested or not protested.   History: En. Sec. 106, Ch. 431, L. 2021.
MT Code § 32-2-1020 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1020. Deposit of funds in department's hands

  32-2-1020. Deposit of funds in department's hands. All funds in the hands of the department belonging to a mutual association in process of liquidation must be deposited in the department's name in those financial institutions in the state and designated by it and subject to its checks. Those funds must be preferred and protected as provided in this chapter.  History: En. Sec. 107, Ch. 431, L. 2021.
MT Code § 32-2-1021 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1021. Disposition of unclaimed funds

  32-2-1021. Disposition of unclaimed funds. (1) The department shall certify to the state treasurer a complete list of funds remaining with the department that are uncalled for and that have been left with it in its official capacity in trust for depositors in and creditors of a liquidated mutual association after the funds have been held by the department for 6 months from the date of the final liquidation of the institution. Along with this certificate, the department shall transmit to the state treasurer the funds, with accumulated interest on them, that it has held in trust for 6 months. A copy of the certificate must also be filed with the state auditor, who shall make a record of it.  (2) The state treasurer shall deposit the funds and interest in the general fund.   (3) A depositor or creditor of a liquidated mutual association who has not been paid the amount standing to the person's credit as certified to the state treasurer may apply to the department for the amount due. The depositor or creditor shall make an affidavit and offer proof of identity and of the amount due. When satisfied as to the correctness of the claim and of the identity of the person, the department shall forward it to the state treasurer, who shall audit the claim and, if the claim is found to be correct, certify the claim to the department. If the department approves the claim, it shall pay the claim to the depositor or creditor.   History: En. Sec. 108, Ch. 431, L. 2021.
MT Code § 32-2-1023 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1023. Further duties of liquidating officer

  32-2-1023. Further duties of liquidating officer. (1) The liquidating officer of a mutual association may decide when the assets of a failed mutual association are not sufficient to pay the debts, contracts, engagements, and liabilities and may determine the time when and the court where necessary legal proceedings are conducted, subject to the general provisions of law governing venue and place of trial.  (2) For the purposes of this section, the term "liquidating officer" includes any person legally empowered to liquidate the business and affairs of a state mutual association, whether the liquidation is by the department or by its deputies and agents. The term also includes all receivers of state mutual associations qualified to liquidate a state mutual association under state law.   History: En. Sec. 110, Ch. 431, L. 2021.
MT Code § 32-2-1024 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1024. Department to file inventory -- report required -- exception

  32-2-1024. Department to file inventory -- report required -- exception. (1) Except as provided in subsection (2), the department shall, within 90 days after taking charge of an insolvent mutual association, file with the district court having jurisdiction a complete inventory of all of the property and assets of the insolvent mutual association, such as furniture, fixtures, real estate, mortgages, bonds, and notes, secured and unsecured.  (2) The department shall every 6 months, or more often if required by the court, file with the court a report showing the status of the liquidation of the mutual association, the assets that have been liquidated and collected, the amounts and manner of payments made to creditors, the manner in which claims have been handled, and the assets on hand. The report must contain other information the court requires, so that the court and the public may be apprised of the condition of the mutual association and the manner in which it is being liquidated with respect to the collection and sale of assets belonging to the mutual association and the manner in which claims are being paid. The report and account must be set for hearing on the notice the court may require and, if found to be correct, must be approved by the court.   History: En. Sec. 111, Ch. 431, L. 2021.
MT Code § 32-2-1025 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1025. through 32-2-1029 reserved

  32-2-1025 through 32-2-1029 reserved.
MT Code § 32-2-1030 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1030. Definitions

  32-2-1030. Definitions. As used in 32-2-1030 through 32-2-1034, unless the context requires otherwise, the following definitions apply:  (1) "Emergency" means any condition or occurrence that may interfere physically with the conduct of normal business operations at any of the offices of a mutual association or that poses an imminent or existing threat to the safety or security of persons or property or both. Situations that an emergency may arise as a result of include but are not limited to:   (a) fire;   (b) flood;   (c) earthquake;   (d) hurricanes;   (e) wind, rain, or snowstorms;   (f) labor disputes or strikes;   (g) power failures;   (h) transportation failures;   (i) interruption of communication facilities;   (j) shortages of fuel, housing, food, transportation, or labor;   (k) robbery or attempted robbery;   (l) actual or threatened enemy attack;   (m) epidemics or other catastrophes; or   (n) riots, civil commotions, and other acts of lawlessness or violence, actual or threatened.   (2) "Mutual association" includes state mutual associations, any person or association of persons lawfully carrying on the business of mutual associations, whether incorporated or not, and, to the extent that the provisions of 32-2-1031 through 32-2-1034 are not inconsistent with and do not infringe on paramount federal law, also includes federal savings associations.   (3) "Office" means any place at which a mutual association transacts its business or conducts operations related to its business.   (4) "Officer" means a person or persons designated by the board of directors, board of trustees, or other governing body of a mutual association to act for the mutual association in carrying out the provisions of 32-2-1031 through 32-2-1034 or, in the absence of a designation or of the officer or officers designated, the president or any other officer currently in charge of the mutual association or of the office or offices involved.   History: En. Sec. 112, Ch. 431, L. 2021.
MT Code § 32-2-1031 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1031. Power of department

  32-2-1031. Power of department. When the department feels that an emergency exists or is impending in this state or in any part of this state, it may, by proclamation, authorize mutual associations located in the affected area to close any of their offices. In addition, if the department is of the opinion that an emergency exists or is impending that affects or may affect a particular mutual association or mutual associations, or a particular office or offices of a particular mutual association, but not mutual associations located in the area generally, it may authorize the particular mutual association or mutual associations or office or offices so affected to close. The closed office or offices must remain closed until the department proclaims that the emergency has ended or until an earlier time that the officers of the mutual association determine that one or more of the closed offices should reopen and, in either event, for the amount of time afterward as may reasonably be required for them to reopen.  History: En. Sec. 113, Ch. 431, L. 2021.
MT Code § 32-2-1032 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1032. Powers of officers

  32-2-1032. Powers of officers. (1) When the officers of a mutual association feel that an emergency exists or is impending that affects or may affect any of a mutual association's offices, they may, in the reasonable and proper exercise of their discretion, determine not to open any of those offices on any business day or, if the offices have opened, to close any of those offices during the continuation of the emergency, even if the department has not issued and does not issue a proclamation of emergency. An office closed in this way shall remain closed until the officers determine that the emergency has ended and for a further time afterward as may reasonably be required for them to reopen. However, an office may not remain closed for more than 48 consecutive hours, excluding other legal holidays, without requesting the approval of the department.  (2) The officers of a mutual association may close any of the mutual association's offices on any day:   (a) designated by proclamation of the president of the United States or the governor of this state as a day of mourning, rejoicing, or other special observance; or   (b) that the federal reserve bank of Minneapolis is not open for business.   History: En. Sec. 114, Ch. 431, L. 2021.
MT Code § 32-2-1033 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1033. Notice of mutual association closing

  32-2-1033. Notice of mutual association closing. A mutual association closing an office under authority granted under 32-2-1032 shall give to the department as prompt notice of its action as conditions will permit and by any means available. In the case of a federal savings association, the notice must be given to the comptroller of the currency.  History: En. Sec. 115, Ch. 431, L. 2021.
MT Code § 32-2-1034 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 10. Dissolution, Closing, and Liquidation|32-2-1034. Effect of closing

  32-2-1034. Effect of closing. (1) A day on which a mutual association or any of its offices is closed during any part of its normal mutual association hours under 32-2-1031 and 32-2-1032 with respect to that mutual association or, if not all of its offices are closed, then with respect to the office or offices that are closed is a legal holiday for all purposes with respect to any mutual association business. No liability or loss of rights of any kind on the part of a mutual association, or a director, officer, or employee of the mutual association, may accrue or result by virtue of a closing authorized by 32-2-1031 and 32-2-1032.  (2) The provisions of 32-2-1030 through 32-2-1034 are in addition to any other law of this state or of the United States authorizing the closing of a mutual association or excusing the delay by a mutual association in the performance of its duties and obligations because of emergencies or conditions beyond the mutual association's control or otherwise.   History: En. Sec. 116, Ch. 431, L. 2021.
MT Code § 32-2-1101 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 11. Federal Deposit Insurance Corporation|32-2-1101. Definition of savings institution

  32-2-1101. Definition of savings institution. As used in this part, the term "savings institution" means a mutual association that is organized under the laws of this state.  History: En. Sec. 117, Ch. 431, L. 2021.
MT Code § 32-2-1102 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 11. Federal Deposit Insurance Corporation|32-2-1102. Savings institutions empowered to receive federal deposit insurance corporation aid

  32-2-1102. Savings institutions empowered to receive federal deposit insurance corporation aid. (1) A savings institution may, on the authority of its board of directors or a majority of the board, enter into the contracts, incur the obligations, and generally perform any acts necessary or appropriate in order to take advantage of any memberships, loans, subscriptions, contracts, grants, rights, or privileges available to savings institutions or to their depositors, creditors, conservators, or liquidators by virtue of the provisions of the Federal Deposit Insurance Act that establish the federal deposit insurance corporation and provide for the insurance of deposits or of any other act or resolution of congress to aid, regulate, or safeguard savings institutions and their depositors.  (2) A savings institution may subscribe for and acquire stock, debentures, bonds, or other types of securities of the federal deposit insurance corporation and may comply with the lawful rules and requirements from time to time adopted by that corporation.   History: En. Sec. 118, Ch. 431, L. 2021.
MT Code § 32-2-1103 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 11. Federal Deposit Insurance Corporation|32-2-1103. Appointment of corporation as agent in liquidation

  32-2-1103. Appointment of corporation as agent in liquidation. If a savings institution whose deposits are in any extent insured by the federal deposit insurance corporation created by the Federal Deposit Insurance Act, 12 U.S.C. 1811 through 1831, is closed on account of the savings institution's inability to meet the demands of its creditors, the department may appoint the corporation agent, without bond, to assist the department or act for it in the liquidation of that savings institution.  History: En. Sec. 119, Ch. 431, L. 2021.
MT Code § 32-2-1104 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 11. Federal Deposit Insurance Corporation|32-2-1104. Subrogation of corporation

  32-2-1104. Subrogation of corporation. Whenever any savings institution has been closed as provided in 32-2-1103 and the federal deposit insurance corporation pays or makes available for payment the insured deposit liabilities of the closed savings institution, the federal deposit and insurance corporation, whether or not it has been appointed agent of the department in the liquidation of the closed savings institution, must be and become subrogated by operation of law to all rights against the closed savings institution of each owner of a claim for deposit to the extent necessary to enable the federal deposit insurance corporation, under federal law, to make insurance payments available to depositors of closed insured savings institutions.  History: En. Sec. 120, Ch. 431, L. 2021.
MT Code § 32-2-1105 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 11. Federal Deposit Insurance Corporation|32-2-1105. Examinations by corporation

  32-2-1105. Examinations by corporation. (1) The department may accept, in its discretion, in place of any examination authorized by the laws of this state to be conducted of a savings institution by the department, the examination made of the savings institution within a reasonable period by the federal deposit insurance corporation if a signed copy of the examination is furnished to the department.  (2) The department may also, in its discretion, accept a report relative to the condition of a savings institution obtained by the corporation within a reasonable period, in place of a report authorized by the laws of this state to be required of the savings institution by the department, if a copy of the report is furnished to the department.   (3) The department may, in its discretion, disclose to the corporation, or an official or examiner of the corporation, any information possessed by the department with reference to the conditions or affairs of an insured savings institution. The department may furnish to the corporation or to an official examiner of the corporation a copy or copies of any examinations made of those savings institutions and of any reports made by them.   History: En. Sec. 121, Ch. 431, L. 2021.
MT Code § 32-2-1106 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 11. Federal Deposit Insurance Corporation|32-2-1106. Closed savings institutions empowered to borrow from corporation

  32-2-1106. Closed savings institutions empowered to borrow from corporation. (1) If a savings institution is closed on account of the savings institution's inability to meet the demands of its depositors, by action of the department, by action of its directors, or in the event of its insolvency or suspension, the department or the department's agent may borrow from the corporation and furnish any of the assets of the savings institution to the corporation as security for a loan from the corporation. The department may sell to the corporation any part or all of the assets of the savings institution.  (2) The provisions of this section do not limit the power of a savings institution or the department to pledge or sell assets in accordance with any existing law.   History: En. Sec. 122, Ch. 431, L. 2021.
MT Code § 32-2-1201 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 12. Removal of Directors or Officers|32-2-1201. Definitions

  32-2-1201. Definitions. As used in this part, the following definitions apply:  (1) "Board member" means a member of the board of directors of the institution.   (2) "Cease and desist order that has become final" means a cease and desist order or an order with respect to which:   (a) a timely petition for review of the action has not been filed; or   (b) the action of the court in which a petition for review has been filed is not subject to further review by the courts of the state.   (3) "Institution" means a state mutual association.   (4) "Violation" includes without limitation any action, alone or with others, that causes, counsels, aids, or abets a violation.   History: En. Sec. 123, Ch. 431, L. 2021.
MT Code § 32-2-1202 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 2. Mutual Savings and Loan Associations|Part 12. Removal of Directors or Officers|32-2-1202. Notice of charges -- hearing -- cease and desist order -- effective date

  32-2-1202. Notice of charges -- hearing -- cease and desist order -- effective date. (1) If the department has reasonable cause to believe that any institution is engaging, has engaged, or is about to engage in an unsafe or unsound practice in conducting the business of the institution or is violating, has violated, or is about to violate a law or rule, the department may issue and serve on the institution a notice of charges. The notice must contain a statement of the facts constituting the alleged unsafe or unsound practice or violation and must fix a time and place at which an administrative hearing pursuant to Title 2, chapter 4, part 6, will be held to determine whether an order to cease and desist should be issued against the institution.  (2) The hearing may not be earlier than 30 days or later than 60 days after service of the notice unless an earlier or a later date is set by the hearings examiner at the request of the institution. Unless the institution appears at the hearing by a duly authorized representative, it is considered to have consented to the issuance of the cease and desist order. In the event of consent or if upon the record made at any such hearing the hearings examiner finds that any unsafe or unsound practice or violation specified in the notice of charges has been established by the preponderance of the evidence, the commissioner may issue and serve on the institution an order to cease and desist from the practice or violation. By provisions that may be mandatory or otherwise, the order may require the institution and its board members, officers, employees, and agents to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation.   (3) A cease and desist order becomes effective at the expiration of 30 days after the service of the order on the institution, except in the case of an order issued on consent, which is effective at the time specified. The cease and desist order remains effective and enforceable, except to the extent it is stayed, modified, terminated, or set aside by the action of the commissioner or a reviewing court.   History: En. Sec. 124, Ch. 431, L. 2021.