reglab/housing_qa huggingface dataset:
ID Code § 26-1011 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1011 - FEDERAL DEPOSIT INSURANCE CORPORATION — RIGHT TO ACT AS RECEIVER OR LIQUIDATOR.

26-1011. FEDERAL DEPOSIT INSURANCE CORPORATION — RIGHT TO ACT AS RECEIVER OR LIQUIDATOR. The Federal Deposit Insurance Corporation created by section 8 of the federal "Banking Act of 1933" (section 12B of the Federal Reserve Act, as amended) is hereby authorized and empowered to be and act without bond as receiver or liquidator of any banking institution, the deposits in which are to any extent insured by said corporation, and which shall have been closed on account of inability to meet the demands of its depositors, in lieu of the director of finance, but only if and when requested so to do by said director. The director of the department of finance may, in his discretion, in the event of such closing tender to said corporation the appointment as receiver or liquidator of such banking institution, in his stead, and if the corporation accepts said appointment, the corporation shall have and possess all the rights, powers and privileges provided by the laws of this state with respect to the director of the department of finance acting as receiver or liquidator of a banking institution, and be subject to all the duties of such receiver or liquidator, except insofar as such rights, powers, privileges or duties are in conflict with the provisions of subsection (1) of section 12B of the Federal Reserve Act, as amended (section 8 of the "Banking Act of 1933"). The corporation shall not, however, without the consent of the director of the department of finance, continue to act as receiver or liquidator of any banking institution after the amount of the insured deposit liability of such banking institution, paid or assumed by the corporation, and the costs of liquidation paid or assumed by it have been repaid it, or after funds are available therefor.  History: [26-1011, added 1979, ch. 41, sec. 2, p. 106.]
ID Code § 26-1012 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1012 - CLOSED BANK — FEDERAL DEPOSIT INSURANCE CORPORATION FURNISHING FUNDS FOR PAYMENT OF INSURED DEPOSIT LIABILITIES — SUBROGATION.

26-1012. CLOSED BANK — FEDERAL DEPOSIT INSURANCE CORPORATION FURNISHING FUNDS FOR PAYMENT OF INSURED DEPOSIT LIABILITIES — SUBROGATION. Whenever any banking institution shall have been closed as aforesaid, and said Federal Deposit Insurance Corporation shall pay or make available for payment the insured deposit liabilities of such closed institution, the corporation, whether or not it shall have become receiver or liquidator of such closed banking institution, as herein provided, shall be subrogated to all rights against such closed banking institution, of the owners of such deposits, in the same manner and to the same extent as subrogation of the corporation is provided for in subsection (1) of section 12B of said Federal Reserve Act, as amended (being section 8 of said "Banking Act of 1933") in the case of the closing of a national bank, provided, that the rights of depositors and other creditors of such closed institution shall be determined in accordance with the applicable provisions of the laws of this state.  History: [26-1012, added 1979, ch. 41, sec. 2, p. 107.]
ID Code § 26-1013 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1013 - CLOSED BANKS — PLEDGE OR SALE OF ASSETS BY DIRECTOR OR LIQUIDATOR TO FEDERAL DEPOSIT INSURANCE CORPORATION — COURT ORDER.

26-1013. CLOSED BANKS — PLEDGE OR SALE OF ASSETS BY DIRECTOR OR LIQUIDATOR TO FEDERAL DEPOSIT INSURANCE CORPORATION — COURT ORDER. With respect to any banking institution, which is now or may hereafter be closed on account of inability to meet the demands of its depositors or by action of the director of the department of finance or of a court or by action of its directors or in the event of its insolvency or suspension, the director of the department of finance and/or the receiver or liquidator of such institution with the permission of said director of finance may borrow from said corporation and furnish any part or all of the assets of said institution to said corporation as security for a loan from same, provided, that where said corporation is acting as such receiver or liquidator, the order of a court of record of competent jurisdiction shall be first obtained approving such loan. Said director upon the order of a court of record of competent jurisdiction, and upon a like order and with the permission of said director, the receiver or liquidator of any such institution may sell to said corporation any part or all of the assets of such institution. The provisions of this section shall not be construed to limit the power of any banking institution, the director of the department of finance or receivers or liquidators to pledge or sell assets in accordance with any existing law.  History: [26-1013, added 1979, ch. 41, sec. 2, p. 107.]
ID Code § 26-1014 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1014 - FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS LIQUIDATOR — POSSESSION AND CONTROL OF ASSETS AND BUSINESS OF BANK.

26-1014. FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS LIQUIDATOR — POSSESSION AND CONTROL OF ASSETS AND BUSINESS OF BANK. Upon the acceptance of the appointment of receiver or liquidator aforesaid by said corporation, and during its continuance as such receiver or liquidator, the possession and control of all the assets, business and property of such banking institution of every kind and nature shall pass to and vest in said corporation and without the execution of any instruments of conveyance, assignment, transfer or endorsement, with the same force and effect and to the same extent as in the director of the department of finance under like circumstances.  History: [26-1014, added 1979, ch. 41, sec. 2, p. 108.]
ID Code § 26-1015 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1015 - ENFORCEMENT OF INDIVIDUAL LIABILITY OF DIRECTORS OF CLOSED BANK.

26-1015. ENFORCEMENT OF INDIVIDUAL LIABILITY OF DIRECTORS OF CLOSED BANK. Among its other powers, said corporation, in the performance of its powers and duties as such receiver or liquidator, when acting as such in lieu of the director of the department of finance, shall have the right and power upon the order of the court of record of competent jurisdiction to enforce any individual liability of the directors of any such banking institution.  History: [26-1015, added 1979, ch. 41, sec. 2, p. 108.]
ID Code § 26-1016 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1016 - NOTICE TO CREDITORS OF INSOLVENT BANK.

26-1016. NOTICE TO CREDITORS OF INSOLVENT BANK. The director shall cause notice to be given by advertisement in a newspaper of general circulation in the town or city in which said bank is situated, if there be one, and if not, then in such other newspaper published in the state of Idaho, as the director shall designate, once a week for six (6) consecutive weeks, calling on all persons who have claims against said bank to present the same to the director or his duly authorized agent at a place to be specified in said notice, and to make sworn proof thereof, in form to be fixed by him, within the time specified in said notice, not less than thirty (30) days from the date of the last publication thereof. A copy of such notice shall be mailed to all persons whose names appear as creditors upon the books of the bank.  History: [26-1016, added 1979, ch. 41, sec. 2, p. 108.]
ID Code § 26-1017 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1017 - CLAIMS — ALLOWANCE AND REJECTION.

26-1017. CLAIMS — ALLOWANCE AND REJECTION. The director shall reject or allow all claims in (the) whole or in part, and on each claim allowed shall designate the order of its priority. If a claim is rejected or an order of priority allowed lower than that claimed, notice shall be given the claimant personally or by certified mail with a return receipt requested and an affidavit of the service of such notice, which shall be prima facie evidence thereof, filed in the office of the director. The action of the director shall be final unless an action be brought by the claimant against the bank in the proper court of the county where the bank is located within ninety (90) days after such service to fix the amount of the claim and its order of priority or either. An appeal from the director’s allowance, either as to priority or amount, may also be taken to the district court of such county by any party in interest by serving on the director notice thereof, stating the grounds of objection and filing the same in said court within thirty (30) days after allowance. Within five (5) days after such notice, the director shall file in the court, and serve on the appellant, a copy of the claim and his reasons for allowance. The court or judge shall, after five (5) days’ notice of time and place of hearing on the issues thus made, hear the proof of the parties and enter judgment reversing, affirming or modifying the director’s action.  History: [26-1017, added 1979, ch. 41, sec. 2, p. 108.]
ID Code § 26-1018 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1018 - PAYMENT OF CLAIMS.

26-1018. PAYMENT OF CLAIMS. Claims presented to the director prior to the expiration of the time fixed in the notice to creditors therefor, and allowed by him, shall be paid in the order of priority hereinafter fixed. Those filed after such expiration and prior to one (1) year thereafter shall be entitled, after they have been allowed by the director, to share in the distribution of the assets of the bank only to the extent of the assets undistributed in the hands of the director and available for the payment of claims of their order of priority at the time such claims are filed, but as against other claims of their same order of priority, on which dividends have been paid, they shall be entitled to payment in a proportionate amount before further payments are made on such other claims. All claims filed after the expiration of one (1) year following the date fixed in the notice to creditors as the time for presentation of claims are not entitled to be allowed or paid unless all other creditors’ claims of any kind or character, except claims of shareholders, based on stock or assessments paid on stock, shall have been fully paid and discharged, and a surplus remains in the hands of the director, and then only from such surplus.  History: [26-1018, added 1979, ch. 41, sec. 2, p. 109.]
ID Code § 26-1021 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1021 - STATEMENT OF CONDITION.

26-1021. STATEMENT OF CONDITION. The director of the department of finance shall, within sixty (60) days after taking possession of any bank or trust company under the provisions of this chapter and at intervals of every six (6) months thereafter during the liquidation thereof and until depositors’ claims against said bank or trust company have been fully paid or the assets available for such claims exhausted, make public a statement of the condition of such bank or trust company.  History: [26-1021, added 1979, ch. 41, sec. 2, p. 111.]
ID Code § 26-1022 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1022 - DEPOSIT OF FUNDS IN DIRECTOR’S HANDS.

26-1022. DEPOSIT OF FUNDS IN DIRECTOR’S HANDS. All funds in the hands of the director belonging to any bank in process of liquidation shall be deposited in his name as director in such banks within the state as may be selected and designated by him and subject to his checks as director of the department of finance. Provided, that any bank receiving such deposits shall file and keep on file with the director a surety bond, executed by some surety company authorized to transact business in the state of Idaho, in an amount not less than the amount of the sum on deposit, conditioned for the payment on demand of the full amount of such deposit, or in lieu of such bond, shall deposit with the director, securities in like amount to be approved by the director, as security for the payment of such deposits, but only approved securities as defined by the Public Depository Law, shall be accepted by the director. No deposit of such funds shall be made in any bank in excess of the penal amount of such bond or in excess of ninety per cent (90%) of the market value of such approved securities.  History: [26-1022, added 1979, ch. 41, sec. 2, p. 111.]
ID Code § 26-1023 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1023 - DISPOSITION OF UNCLAIMED FUNDS.

26-1023. DISPOSITION OF UNCLAIMED FUNDS. The director shall certify to the treasurer of the state a complete list of funds remaining in his hands uncalled for, which have been left in his hands in his official capacity, in trust for depositors in and creditors of any liquidated bank after they have been held by him for six (6) months from the date of the final liquidation of the institution. Along with this certificate, he shall transmit to the treasurer of the state the funds with accumulated interest thereon which he has so held in trust for six (6) months. A copy of such certificate shall also be filed with the state controller, who shall make a record thereof. Any depositor or creditor of a liquidated bank who has not been paid the amount standing to his credit as thus certified to the state treasurer, may apply to the director for the amount due him, after it has been certified into the treasury of the state. The depositor or creditor shall make an affidavit and offer proof of his identity and of the amount due him by the liquidated bank. When satisfied as to the correctness of the claim and of the identity of the person, the director shall approve the claim and forward it to the state controller, who shall audit the same and if found correct issue his warrant payable to the depositor or creditor for the amount shown by the records to be due such depositor or creditor which shall be paid by the treasurer.  History: [26-1023, added 1979, ch. 41, sec. 2, p. 112; am. 1994, ch. 180, sec. 43, p. 455.]
ID Code § 26-1024 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1024 - DISPOSITION OF ASSETS REMAINING AFTER PAYMENT OF CLAIMS.

26-1024. DISPOSITION OF ASSETS REMAINING AFTER PAYMENT OF CLAIMS. Whenever the director has paid to each and every depositor and creditor of such bank whose claims shall have been duly approved and allowed as herein provided, the full amount thereof, and shall have made provisions for unclaimed and unpaid deposits and disputed claims and deposits, and shall have paid all the expenses of liquidation or, if the assets of said bank be insufficient for making said payments, then, whenever the director has liquidated all available assets and disbursed the same as herein provided, the director shall make application to the district court of the county in which such bank is located, or the judge thereof in chambers for an order authorizing the director, if there be remaining assets on hand, to surrender the same to the directors of said bank in office at the time of closing the same, as trustees for stockholders, or to such other person or persons, if any, as have been designated as trustees by the stockholders at a meeting lawfully called and assembled for such purpose, in like manner as any other stockholders’ meeting. Said order shall also provide that upon the surrender of said assets, as in said order directed, and where there are no remaining assets, then, upon the entry of the order, the director shall be discharged from all further liability or responsibility in connection with the assets and affairs of said bank and that the charter of said bank shall be forfeited. The court may require such trustees to give bond in such amount as the court may fix, conditioned for the faithful performance of their duties. It shall be the duty of the said trustee or trustees to complete the liquidation of any remaining assets as rapidly as may be and to distribute the proceeds of the same among the stockholders according to their respective rights. On application for such order, the bank shall be made a party by notice issued on order of the court or judge, in lieu of summons, but served in like manner, and the hearing of any such application may be had at any time in court or in chambers, as the court may order, after five (5) days’ notice of the hearing.  History: [26-1024, added 1979, ch. 41, sec. 2, p. 112.]
ID Code § 26-1025 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1025 - BORROWING MONEY TO FACILITATE LIQUIDATION OR REOPENING OF BANK.

26-1025. BORROWING MONEY TO FACILITATE LIQUIDATION OR REOPENING OF BANK. The director of the department of finance, when he deems it to be for the best interest of the depositors of any closed bank, shall be and hereby is authorized and empowered in his official capacity, without personal liability, and under orders of the court, to borrow from any federal agency, or any corporation or person, for the purpose of facilitating the liquidation of such bank and making distribution to depositors, and/or for the purpose of reorganizing or reopening such bank, and as security for the payment of any money so borrowed, the director may pledge or otherwise hypothecate or mortgage all or any part of the assets of such bank and enter into all such contracts or agreements in connection therewith as he may deem prudent and advisable.  History: [26-1025, added 1979, ch. 41, sec. 2, p. 113.]
ID Code § 26-1026 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1026 - REOPENING OF BANK — UNSECURED DEPOSITORS AND CREDITORS — ACCEPTANCE OF PLAN — CERTIFICATE OF APPROVAL.

26-1026. REOPENING OF BANK — UNSECURED DEPOSITORS AND CREDITORS — ACCEPTANCE OF PLAN — CERTIFICATE OF APPROVAL. Whenever the director of the department of finance believes it to be for the best interest of the unsecured depositors and creditors of any bank that any proposed plan for maintaining or restoring the solvency of such bank, or for effecting any merger or reorganization thereof, should be carried out and made effective,the director shall issue his certificate of approval, and thereupon all other unsecured depositors and unsecured creditors of such bank shall be held to be subject to the agreement and plan so approved by the director and all depositors and creditors shall be bound thereby and their deposits and claims shall be subject thereto to the same extent and effect as if they had joined in the execution thereof, and their deposits and claims shall be paid in the manner provided in the plan so approved, as aforesaid, and not otherwise.  History: [26-1026, added 1979, ch. 41, sec. 2, p. 113.]
ID Code § 26-1027 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 10 - CLOSING AND LIQUIDATION OF BANKS|Section 26-1027 - PUBLIC FUNDS ON DEPOSIT — JOINDER OF OFFICIAL IN PLAN — BONDS SECURING DEPOSITS UNAFFECTED.

26-1027. PUBLIC FUNDS ON DEPOSIT — JOINDER OF OFFICIAL IN PLAN — BONDS SECURING DEPOSITS UNAFFECTED. Public officers and governing boards having control of public funds on deposit in any such bank are authorized to join in any plan approved as provided in section 26-1026, Idaho Code, if, in the judgment of such officers or boards, the plan is for the best interest of all persons concerned, but no such agreement shall release any surety on any bond securing public deposits or public funds, or waive any security held for any preference given to such public funds under any law of this state, or relieve any officer, or the sureties of his official bond, of the liability, if any, for such deposit, and the time for the repayment of public funds shall in no event be extended for a longer period than six (6) months from the date of said certificate of the director of the department of finance.  History: [26-1027, added 1979, ch. 41, sec. 2, p. 114.]
ID Code § 26-1101 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1101 - ADMINISTRATION — RULES AND POWERS.

26-1101. ADMINISTRATION — RULES AND POWERS. (1) Every bank and bank holding company shall be subject to the inspection and supervision of the director of the department of finance as provided in this act. (2) The director may from time to time promulgate, amend and rescind rules necessary or proper to carry out the provisions of this act. No rule may be adopted unless the director finds that the action is necessary or appropriate for the protection of the interests of bank depositors or for the welfare of banks and consistent with the purpose of this act. (3) Notwithstanding any other provision of the Idaho bank act, but subject to the limitations provided for in this section: (a) A bank may engage in any activity in which it could engage, exercise any power it could exercise, or make any loan or investment which it could make if it were operating as a national bank or which has been approved by the responsible federal agency for any state-chartered bank in the United States. (b) Before engaging in any activity or exercising any power afforded under this subsection (3), a bank shall first notify the director of its intent to do so. This notice shall be sent to the director by U.S. mail, postage prepaid, certified or registered, with return receipt requested. Should the director take no action on the request within twenty (20) days of delivery to the director, the right to engage in the action or power so requested shall be deemed granted. (c) Should the director deny the request, the affected bank shall have the right to request a hearing before the director, which hearing shall be held within thirty (30) days of the date of the denial. (d) The director shall have the discretion to deny any request which is inconsistent with the purposes of the Idaho bank act. (e) No such approval shall operate to deny the director of any of his authority under the Idaho bank act and such permitted activity shall be subject to supervision by the director. (f) The director may, by order, waive or modify any requirement under this act if the corresponding federal requirement for national banks is eliminated or modified. (4) Banks which are subsidiaries of bank holding companies may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans as agent for other depository institutions which are subsidiaries of the same bank holding company. (5) All rules must be promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code. Unless expressly provided in the Idaho bank act, proceedings under the Idaho bank act shall not be considered "contested cases" under chapter 52, title 67, Idaho Code.  History: [26-1101, added 1979, ch. 41, sec. 2, p. 114; am. 1995, ch. 99, sec. 5, p. 302.]