Section 06.05.471. Reorganization.

   (a) If the department decides to reorganize a state bank, the department, after according a hearing to all interested parties, shall enter an order proposing a reorganization plan. The department shall send a copy of the plan to each depositor and creditor who will not receive payment of a claim in full under the plan, and a notice that, unless within 30 days the plan is disapproved in writing by persons holding one-third or more of the aggregate amount of the claims, the department will reorganize the bank.
   (b) A plan of reorganization may not be prescribed under this chapter unless, in the opinion of the department,
        (1) the plan is fair to all classes of depositors, creditors, and shareholders;
        (2) subject to a fair adjustment for new capital that a class will pay under the plan, the face amount of the interest accorded to a class of depositors, creditors, or shareholders under the plan does not exceed the value of the assets at liquidation less the full amount of the claims of all prior classes;
        (3) the plan provides for the issuance of common stock in an amount that will provide an adequate ratio to deposits;
        (4) any exchange of new common stock for obligations or stock of the bank will be made
             (A) in the inverse order of the priorities in liquidation of the classes that will retain an interest in the bank; and
             (B) upon terms that adjust in a fair manner any change in the relative interest of the respective classes that will be produced by the exchange;
        (5) the plan assures the removal of a director, officer, or employee responsible for a problem identified by the department under AS 06.05.468(a) - (b), including an unsafe, unsound, or unlawful action or the existence of an unsafe or unsound condition;
        (6) any merger or consolidation provided by the plan complies with this chapter.
   (c) When in the course of reorganization, supervening conditions render a plan of reorganization unfair or its execution impractical, the department may modify the plan or liquidate the bank.

Notes

History

(Sec. 85 ch 26 SLA 1993)