533.502 Grounds for management of state credit union by superintendent. 1. Notwithstanding any other provision of this chapter, the superintendent may take over the management of the property and business of a state credit union when it appears to thesuperintendent that any of the following actions have occurred or conditions exist: a. The state credit union has violated any law of this state.b. The capital of the state credit union is impaired.c. The state credit union is conducting its business in an unsafe or unsound manner.d. The state credit union is in such condition that it is unsound, unsafe, or inexpedient for it to transact business. e. The state credit union has suspended or refused payment of its deposits or other liabilities. f. The state credit union refuses to make its records available to the superintendent for examination or otherwise refuses to make available, through an officer or employee havingknowledge, information required by the superintendent for the proper discharge of the dutiesof the superintendent’s office. g. The state credit union neglects or refuses to observe any order of the superintendent made pursuant to the provisions of this chapter, unless discharge of the dutiesof the superintendent’s office. g. The state credit union neglects or refuses to observe any order of the superintendent made pursuant to the provisions of this chapter, unless the enforcement of such order isstayed in a court proceeding brought by the state credit union. h. The state credit union has not transacted any business or performed any of the duties contemplated by its authorization to do business for a period of at least one hundred eightydays. 2. a. The superintendent shall manage the property and business of the state credit union until such time as the superintendent may relinquish to the state credit union themanagement, upon such conditions as the superintendent may prescribe, or until the affairsof the state credit union are finally dissolved as provided in this chapter. The superintendentmay operate and direct the affairs of the state credit union in its regular course of business.The superintendent may also collect amounts due the state credit union and do such otheracts as are necessary or expedient to conduct the affairs of the state credit union andconserve or protect its assets, property, and business. b. t amounts due the state credit union and do such otheracts as are necessary or expedient to conduct the affairs of the state credit union andconserve or protect its assets, property, and business. b. The superintendent may appoint one or more persons, with powers specified in the certificate of appointment, to assist the superintendent in the duty of management,conservation, or dissolution and distribution of the business and property of a state creditunion. c. During the period of the superintendent’s management of the property and business of the state credit union, and prior to the time that the superintendent may apply to the districtcourt for appointment as receiver, the superintendent may assess the state credit union forcosts and expenses incurred by the division in the management of the state credit union. Costsand expenses shall include but not be limited to costs and expenses for salaries and benefits,expenses and travel for employees, office facilities, supplies, equipment, and administrativecosts and expenses incurred in the management of the state credit union. 3. Judicial review of the actions of the superintendent may be sought in accordance with chapter 17A. pment, and administrativecosts and expenses incurred in the management of the state credit union. 3. Judicial review of the actions of the superintendent may be sought in accordance with chapter 17A. However, the contested case provisions of chapter 17A, the Iowa administrativeprocedure Act, do not apply to an action by the superintendent to take over the managementof or to manage a state credit union, as authorized by this section. 2007 Acts, ch 174, §69; 2012 Acts, ch 1020, §22Referred to in §533.405A Sat Dec 23 01:36:14 2023 Iowa Code 2024, Section 533.502 (19, 0)
Iowa Legal Code