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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 34-7-40: Petition and order for reorganization meeting.

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Where this section sits in the code
  1. Title 34 - BANKING, FINANCIAL INSTITUTIONS AND MONEY
  2. CHAPTER 7 Reorganization of Insolvent Banks

In the event as many as five per cent in number and amount of depositors and stockholders file a petition, duly verified, with the resident or presiding judge of the circuit in which such bank is situate, setting forth that, in their opinion:

(1) It would be to the advantage of the depositors and unsecured creditors to reorganize and reopen such bank for business;

(2) Under such reorganization plan the depositors and unsecured creditors would receive a larger percentage of their claims than would be paid under a liquidation in court; and

(3) It is feasible to reopen the bank on such plan;

And should such representations appear to the satisfaction of the judge to be true, the court shall fix by order a time and place for the holding of a meeting of depositors, creditors and stockholders of such institution for the purpose of considering and determining upon a plan for the reorganization and reopening of such institution.

Collected 2026-09-02T07:05:39Z. Source file · JSON

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