Code of Virginia § 6.2-934. Receivership procedures involving assets held by closed bank as fiduciary.
230 words·~1 min read·
/va/title-6-2/chapter-8/6-2-934A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The FDIC as receiver, with the approval of the receivership court, has the authority to appoint a successor to all rights, obligations, assets, deposits, agreements, and trusts held by the closed bank as trustee, administrator, executor, guardian, agent, or in any other fiduciary or representative capacity. The successor's duties and obligations commence upon appointment and are to the same extent binding upon the former bank as though the successor had originally assumed such 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 bank 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. Nothing in this section shall be construed to impair any right of the grantor or beneficiary of trust assets to secure the appointment of a substitute trustee or manager.
Within 30 days after appointment, the successor shall
(i)give written notice, insofar as practicable, to all interested parties named in the books and records of the bank or in trust documents held by it that such successor has been appointed in accordance with state law and
(ii)cause the fact of its appointment to be recorded in appropriate courts of record.
1983, c. 507, § 6.1-110.10; 2010, c. 794 .