When Commissioner may take charge -- Nondepository trust company.

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    (a)    In this section, “insolvent” means:

        (1)    Incapable of meeting the demands of creditors; or

        (2)    Having liabilities that exceed assets.

    (b)    Notwithstanding the notice and timing requirements in § 5–602 of this subtitle, if the Commissioner determines that a nondepository trust company is insolvent, the Commissioner may take immediate possession of the nondepository trust company, including its property, records, and business, by:

        (1)    Posting on the front door of each banking office of the nondepository trust company a notice that states: “This institution is in the hands of the Maryland Commissioner of Financial Regulation”; and

        (2)    Immediately delivering written notice to the board of directors of the nondepository trust company that the Commissioner has taken possession of the nondepository trust company.


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