Section 5-606 - Powers and duties of receiver. - Maryland Statutes

§ 5-606. Powers and duties of receiver.
 

(a)  Employment of clerks - In general.-  

(1) The receiver may appoint any clerks needed to carry out the receivership. 

(2) The salaries of these clerks shall be paid out of the funds of the banking institution. 

(b)  Employment of clerks - Nondepository trust company receivership.-  

(1) Notwithstanding subsection (a) of this section, the receiver of a nondepository trust company may, as needed to carry out the receivership: 

(i) Appoint any clerks, agents, counsel, employees, and assistants; and 

(ii) Retain officers and employees of the nondepository trust company. 

(2) The salaries and all other expenses of the individuals specified under paragraph (1) of this subsection that are court approved shall be paid from the assets of the nondepository trust company, the proceeds of the sale of securities pledged under § 3-211.1 of this article, or recovery against a surety bond delivered under § 3-211.1 of this article. 

(3) Any proceeds of a sale of pledged securities that remain after making the payments required under paragraph (2) of this subsection and § 5-604.1(a) of this subtitle shall be an asset of the nondepository trust company. 

(c)  Borrowing money.- The receiver may borrow money and, with the approval of the court, pledge, mortgage, or encumber any of the institution's assets to: 

(1) Pay the obligations of the institution; 

(2) Pay dividends to the depositors or creditors of the institution; or 

(3) Enable the institution to reopen or reorganize. 

(d)  Filing account with court.-  

(1) The receiver shall file with the court, in the form that the court requires, an itemized account of: 

(i) All receipts, disbursements, and expenses; and 

(ii) Any proposed distribution. 

(2) The court shall accept the account to the same extent as if an auditor of the court had prepared and filed the account. 

(e)  Distributions.-  

(1) Except as provided in paragraph (2) of this subsection, the receiver may not make any distribution until the court ratifies the receiver's account. 

(2) With the approval of the court, the receiver may pay in full each creditor whose total claims do not exceed $5. 
 

[An. Code 1957, art. 11, §§ 2, 15; 1980, ch. 33, § 2; 2010, ch. 457.]