(1) A plan of reorganization shall not be prescribed under this code unless:
The plan is feasible and fair to all classes of depositors, creditors, and stockholders;
The aggregate face amount of the interest accorded to any class of depositors, creditors, or stockholders under the plan does not exceed the value of the assets upon liquidation, less the full amount of the claims of all prior classes, subject to any fair adjustment for new capital that any class will pay in under the plan;
The plan provides for the issuance of capital stock and, if necessary, debentures andother securities and instruments in an amount that will comply with the rules promulgated by the banking board;
Any exchange of new common stock for obligations or stock of the bank will beeffected in inverse order to the priorities in liquidation of the classes that will retain an interest in the bank and upon terms that fairly adjust any change in the relative interests of the respective classes that will be produced by the exchange;
The plan assures the removal of any director, officer, or employee responsible forany unsound or unlawful action or the existence of an unsound condition;
Any merger or consolidation provided by the plan conforms to the requirements ofthis code.
(2) If, in the course of reorganization, supervening conditions render the plan unfair or its execution impractical, the commissioner, upon approval of the banking board, may modify the plan or liquidate the institution. Any such action shall be taken by order of the banking board upon appropriate notice.
Source: L. 2003: Entire article added with relocations, p. 1103, § 3, effective July 1.
Editor's note: This section is similar to former § 11-5-103 as it existed prior to 2003.