Section 28-1-3.1-13 - Successor to closed financial institution's fiduciary duties; appointment; powers and duties; notice of appointment to interested parties(a) The receiver, with the approval of the receivership court, may appoint a successor to all rights, obligations, assets, deposits, agreements, and trusts held by the closed financial institution as trustee, administrator, executor, guardian, agent, and all other fiduciary or representative capacities. The successor's duties and obligations begin upon appointment to the same extent binding upon the closed financial institution and as though the successor had originally assumed the duties and obligations. Specifically, the successor shall succeed to and be entitled to administer all trusteeships, administrations, executorships, guardianships, agencies, and all other fiduciary or representative proceedings to which the closed financial institution is named or appointed in wills, whenever probated, or to which it is appointed by any other instrument, court order, or by operation of law.(b) This section shall not impair any right of the grantor or beneficiaries of trust assets to secure the appointment of a substituted trustee or manager.(c) Within thirty (30) days after appointment, the successor shall give written notice, insofar as practical, to all interested parties named in: (1) the books and records of the closed financial institution; or(2) trust documents held by it; that the successor has been appointed in accordance with applicable law.
(d) If the Federal Deposit Insurance Corporation is the receiver, compliance with this section is not required.As added by P.L. 141-1984, SEC.2. Amended by P.L. 35-2010, SEC.107.