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Section 18509 Of Article 2. General From California Financial Code >> Division 7. >> Chapter 7. >> Article 2.
18509
. (a) Guaranty Corporation may elect to wind up and dissolve
upon approval of the commissioner, the board, and the members in
accordance with Section 8610 of the Corporations Code, after (1) each
industrial loan company has become a member of the Federal Deposit
Insurance Corporation or redeemed all of its outstanding thrift
obligations or (2) Guaranty Corporation has satisfied its guarantee
of thrift obligations as provided in this chapter.
(b) Upon liquidation, after complying with the provisions of Section 8713 of the Corporations Code and notwithstanding Section 8717 of the Corporations Code, the assets of Guaranty Corporation shall be distributed to its members, past and present, including special members, ratably based on the balance of the members' accounts, as established by resolution of the Board of Directors of Guaranty Corporation in accordance with the following:
(1) The account of each member, past and present, including special members, shall be credited with all assessments paid by the member to Guaranty Corporation.
(2) For each fiscal year, all current and prior expenses of administration of Guaranty Corporation shall be charged to the accounts of all members, past and present, including special members, ratably based on the balance of each account.
(3) With respect to the account of each member to whom Guaranty Corporation has advanced funds or on whose behalf Guaranty Corporation has paid claims and expenses, the following adjustments shall be made:
(A) The member's account shall be charged in the amount of the funds advanced or paid as of the date of advance or payment.
(B) If the amount advanced or paid exceeds the balance of the member's account, then (i) the member's account shall be deemed to have been closed, and the excess shall be allocated and charged ratably to the accounts of all other members, past and present, including special members, and (ii) if the member continued to operate after the date of the advance or payment, whether under new ownership or management or under the management of Guaranty Corporation, then a new member account shall, for purposes of this section, be deemed to have been established for the member with a zero balance, which shall be credited with subsequent assessments paid.
(b) Upon liquidation, after complying with the provisions of Section 8713 of the Corporations Code and notwithstanding Section 8717 of the Corporations Code, the assets of Guaranty Corporation shall be distributed to its members, past and present, including special members, ratably based on the balance of the members' accounts, as established by resolution of the Board of Directors of Guaranty Corporation in accordance with the following:
(1) The account of each member, past and present, including special members, shall be credited with all assessments paid by the member to Guaranty Corporation.
(2) For each fiscal year, all current and prior expenses of administration of Guaranty Corporation shall be charged to the accounts of all members, past and present, including special members, ratably based on the balance of each account.
(3) With respect to the account of each member to whom Guaranty Corporation has advanced funds or on whose behalf Guaranty Corporation has paid claims and expenses, the following adjustments shall be made:
(A) The member's account shall be charged in the amount of the funds advanced or paid as of the date of advance or payment.
(B) If the amount advanced or paid exceeds the balance of the member's account, then (i) the member's account shall be deemed to have been closed, and the excess shall be allocated and charged ratably to the accounts of all other members, past and present, including special members, and (ii) if the member continued to operate after the date of the advance or payment, whether under new ownership or management or under the management of Guaranty Corporation, then a new member account shall, for purposes of this section, be deemed to have been established for the member with a zero balance, which shall be credited with subsequent assessments paid.
