Section 51A-6A-45 - Powers and duties of receiver--Order of payment of liabilities. - South Dakota Statutes

51A-6A-45. Powers and duties of receiver--Order of payment of liabilities. The receiver, under the direction of the director, shall take charge of any insolvent trust company and all of its assets and property and liquidate the affairs and business for the benefit of clients, creditors, and owners. The receiver may sell or compound all bad and doubtful debts and sell all the property of the trust company upon such terms as the circuit court of the county in which the trust company is located approves. The receiver shall pay over all moneys received to the creditors of the trust company as ordered by the director. In distributing assets of an insolvent trust company in payment of its liabilities, the order of payment, if its assets are insufficient to pay in full all of its liabilities, shall be by category as follows:
(1) The costs and expenses of the receivership and real and personal property taxes assessed against the trust company pursuant to applicable law;
(2) Claims which are secured or given priority by applicable law;
(3) Claims of unsecured creditors;
(4) All other claims exclusive of claims on capital notes and debentures; and
(5) Claims on capital notes and debentures.
If the assets are insufficient for the payment in full of all claims within a category, the claims shall be paid in the order provided by other applicable law or, in the absence of such applicable law, pro rata.

Source: SL 1995, ch 268, § 43.