Section 18491 Of Article 2. General From California Financial Code >> Division 7. >> Chapter 7. >> Article 2.
18491
. (a) When the property and business of a member, other than a
special member, is being liquidated, the commissioner may direct
Guaranty Corporation to pay each thrift obligation of the member
specified in Section 18523 up to fifty thousand dollars ($50,000).
Guaranty Corporation shall pay the thrift obligations at the
direction of, and in the amounts directed by, the commissioner within
10 days from the date the commissioner makes demand for payment
under this section. If the total funds available from Guaranty
Corporation at that time are insufficient to pay in full the amounts
provided by Section 18523, the amount paid to each thriftholder shall
be ratably reduced in proportion to the amount by which the fund is
deficient, and thereafter further payments shall be made ratably to
those thriftholders in accordance with the directions of the
commissioner as additional funds become available to Guaranty
Corporation.
(b) When any thrift obligation is paid up to the guaranteed amount
as provided in subdivision (a), Guaranty Corporation shall be
assigned all rights, title, and interest to each individual thrift
obligation up to the amount paid by Guaranty Corporation to each
individual thriftholder.
(c) Guaranty Corporation shall first receive ratable liquidation
proceeds up to the amount paid by Guaranty Corporation to a
thriftholder prior to any payment of liquidation proceeds to a
thriftholder whose account was in excess of fifty thousand dollars
($50,000).
(d) Each member's account and each special member's account shall
be reduced ratably based on the account balance for the total amount
paid pursuant to subdivision (a). Liquidation proceeds paid to
Guaranty Corporation pursuant to subdivision (c) shall ratably
increase each member and special member account based on the account
balance for the total amount paid pursuant to subdivision (a).