Missouri Laws 369.209 – Withdrawal, how, when — failure to pay withdrawal applications, powers of ..
1. Except for accounts which provide for a specified contractual time or notice or are subject to a pledge, and, subject to the right of the association to require advance notice of withdrawal, an account owner at any time may present a written application for withdrawal of all or any part of the account owner’s account. The association may by resolution of the board of directors require advance notice of not more than thirty days of an intent to file an application for withdrawal. Every application shall request immediate withdrawal of the stated amount and no account owner shall have on file more than one application. Any account owner may cancel the account owner’s application by written notice. Every association either shall pay or shall number, date and file in the order of actual receipt every withdrawal application. Withdrawals shall be made in the order of actual receipt of applications except as provided in this section or by regulation of the director of the division of finance. Upon withdrawal, an association shall pay the withdrawal value of the account.
2. The director of the division of finance may by regulation establish the rules and procedures to apply in the event the association is unable to pay all applications for withdrawal as made including a rotation plan or any other plan for the equitable payment of withdrawals, the payment in full of accounts less than a named amount, the application of receipts to withdrawals, and the circumstances and conditions under which the failure of the association to pay withdrawals as applied for shall be deemed the conduct of its business in an unsafe or injurious manner within the meaning of section 369.339.
Terms Used In Missouri Laws 369.209
- Account: the monetary interest of the owner thereof in the deposit capital of an association and consists of the withdrawal value of such interest. See Missouri Laws 369.014
- Association: a savings and loan association or a savings association subject to the provisions of this chapter. See Missouri Laws 369.014
- Board: the state banking and savings and loan board established under chapter 361. See Missouri Laws 369.014
- Director of the division of finance: the chief officer of the division of finance. See Missouri Laws 369.014
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Withdrawal value: the amount deposited in an account in an association plus earnings credited thereto less lawful deductions therefrom. See Missouri Laws 369.014