7-1-223. Substituted trustee or manager for trust and pooled assets.

Upon determining to liquidate a financial institution or if it otherwise deems it advisable, the department shall:#

1. (1)

   With leave of court, transfer all of the trust assets or all of the pooled assets or all of both types of assets to another financial institution which shall assume the responsibilities of the institution in receivership in regard to such assets and act as substituted trustee or manager; or#

2. (2)

   Give written notice, insofar as the giving of such notice is practicable, to all parties interested in trust or pooled assets that they must within 30 days after the giving of notice apply for the appointment of a substituted trustee or manager to take over the trust or pooled assets. In the event that no such application is made with respect to particular trust assets or pooled assets, the department shall itself apply for appointment of a substituted trustee or manager. Upon application by an interested party or parties or by the department, the court shall appoint as successor trustee or manager that person or corporation best able, in its judgment, to protect the interests of those interested in particular trust or pooled assets. The successor trustees or managers shall have all rights, powers, and duties of the financial institution in regard to the trust or pooled assets committed to them except as these relationships may be modified by the court in accordance with law.#

Nothing in this Code section or Code Section 7-1-222 shall be construed to impair any right of the grantor or beneficiaries of trust or pooled assets, a trust director acting as authorized by and in compliance with Article 18 of Chapter 12 of Title 53 with respect to trust or pooled assets, or any person acting as authorized by and in compliance with Code Section 53-12-201 with respect to trust or pooled assets under applicable instruments or otherwise to secure or provide for the appointment of a substituted trustee or manager.#