(a) As soon as practical after beginning the liquidation of a trust company, the department shall

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Terms Used In Alaska Statutes 06.26.790

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • chapter: includes regulations adopted under this chapter. See Alaska Statutes 06.26.990
  • department: means the Department of Commerce, Community, and Economic Development. See Alaska Statutes 06.26.990
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • fiduciary: means a person to whom the property of another person is entrusted for a purpose specified in a trust instrument or by a court order. See Alaska Statutes 06.26.990
  • fiduciary operations: means operations performed by a fiduciary. See Alaska Statutes 06.26.990
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • trust company: means a person who is organized under this chapter to act as a fiduciary and to provide fiduciary services to the general public. See Alaska Statutes 06.26.990
  • trust company assets: means assets that are not trust assets and that are owned by a trust company. See Alaska Statutes 06.26.990
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
(1) mail a notice of the liquidation proceedings to the last known post office address of each depositor, creditor, lessee of a safe deposit box, bailor of property, and trustor and beneficiary of trust assets held by the trust company;
(2) post a notice of the proceedings conspicuously on the premises of the trust company; and
(3) publish a notice that the department determines to be appropriate for the proceedings.
(b) The department shall mail with the notice sent under (a)(1) of this section a statement of the amount shown on the trust company’s records to be the claim of the depositor or creditor. The notice must also include a demand that a person who is entitled to property held by the trust company as bailee or trustee or in a safe deposit box of the trust company withdraw the property within 30 days. The notice must direct those depositors and creditors who claim amounts different from the amounts in the notice to file their claims with the trust company under the procedure described in the notice and before a specified date. The specified day may not be less than 60 days from the date of the first publication of the notice.
(c) A safe deposit box whose contents have not been removed within 30 days after demand shall be opened. The department shall retain the contents of the box and the other unclaimed property held by the trust company as bailee until the conclusion of the liquidation proceedings. At the conclusion of the liquidation proceedings under this section, the property held by the department under this subsection is considered abandoned, and the department shall deliver the property to the Department of Revenue under Alaska Stat. § 34.45.110 – 34.45.780.
(d) Within six months after the last day specified in the notice for the filing of claims, or within a longer period if allowed by the superior court, the department shall

(1) reject a claim that it determines to be invalid;
(2) determine the amount, if any, owing to each known creditor or depositor and the priority class of the person’s claim under this chapter;
(3) prepare a schedule of its determinations for filing in the superior court;
(4) publish a notice in a newspaper once each week for three successive weeks, of the times and places where the schedule of determinations will be available for inspection and the date when the department will file its schedule in court; the date may not be sooner than 30 days after the first publication.
(e) Within 30 days after the filing with the superior court of the department’s schedule under (d)(3) of this section, a creditor, depositor, or stockholder may file with the court an objection to a determination. The court shall hear and determine the filed objections after the notice to the department and interested claimants that the court establishes. If the court sustains an objection, the court shall direct that the schedule be modified appropriately.
(f) After filing its schedule, the department may make partial distribution to the holders of the claims that are undisputed or are allowed by the court if an adequate reserve is established for the payment of disputed claims. As soon as practicable after the determination of all objections, the department shall make the final distribution.
(g) The following claims have priority in liquidation proceedings, in the order listed:

(1) obligations incurred by the department in liquidating the trust company;
(2) wages and salaries of officers and employees earned during the three-month period preceding the department’s possession in an amount not exceeding $3,000 for each person;
(3) fees and assessments owed by the trust company to the department;
(4) deposits;
(5) claims secured by trust company assets.
(h) After the payment of all other claims, including interest at the rate of 10.5 percent a year, the department shall pay claims that are otherwise valid but that were not filed within the time prescribed.
(i) If the sum available for a class of creditors is insufficient to provide payment in full, the sum shall be distributed pro rata to the claimants in the class.
(j) Unclaimed property remaining after the completion of the liquidation proceedings under this section is presumed abandoned, and the property shall be delivered to the Department of Revenue for handling under Alaska Stat. § 34.45.110 – 34.45.780.
(k) After payment of the expenses of the liquidation and the claims against the trust company arising from its fiduciary obligations in this state under Alaska Stat. § 06.26.760 – 06.26.800, the receiver shall distribute any remaining money or other assets from the liquidation of the trust company’s fiduciary operations in this state equitably among, as applicable, the receivers for liquidation of the trust company’s fiduciary operations in other states of the United States and under the laws of the United States, for payment of the expenses of liquidation and claims against the trust company’s fiduciary operations. If the trust company’s fiduciary operations are not being liquidated in another state or under the laws of the United States, the receiver shall, after satisfying the requirements of Alaska Stat. § 06.26.760 – 06.26.800, pay any remaining money or other assets from the liquidation of the trust company’s fiduciary operations in this state to the trust company.
(l) When the receiver has completed the liquidation of the trust company’s fiduciary operations in this state, the receiver shall, with notice to the department, petition the court for an order declaring the trust company’s fiduciary operations in this state properly wound up under Alaska Stat. § 06.26.760 – 06.26.800. Upon the filing of the petition, the court shall proceed as provided in Alaska Stat. § 06.26.760 – 06.26.800.
(m) An order issued by the court under a petition filed under (l) of this section may only declare the trust company’s fiduciary operations in this state have been properly wound up and may not declare the trust company is dissolved. The court may make whatever additional orders and grant whatever additional relief that the court determines is proper under the evidence submitted.
(n) After an order is issued under (m) of this section declaring the trust company’s fiduciary operations in this state are properly wound up,

(1) the trust company shall, except for any further winding up, cease acting as a fiduciary in this state or in any jurisdiction; and
(2) the receiver shall promptly file with the department a copy of the order certified by the clerk of the court.
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