As used in this chapter:
(1) “Circuit court” means the court with which the State Bank Department has filed the notice of possession under this chapter. The circuit court will make a determination for sale of assets only and not a determination of whether or not to take charge of an institution under the Bank Commissioner's supervision;
(2) “Federal deposit insurance agency” means an agency or instrumentality of the United States that insures to any extent the deposits of a depository institution, including the Federal Deposit Insurance Corporation;
(3) “Insolvent institution” means an institution that:
(A) Is, in the opinion of the commissioner, incapable of or unlikely to meet the demands of creditors or depositors on a timely basis;
(B) Has liabilities in excess of the total value of its assets as determined by the commissioner; or
(C) Has been advised by the Federal Deposit Insurance Corporation of the Federal Deposit Insurance Corporation's intention to withdraw deposit insurance coverage; and
(4) “Institution” means a state bank, state trust company, or subsidiary trust company.