(205 ILCS 620/6-2) (from Ch. 17, par. 1556-2)
Sec. 6-2.
Control by Commissioner.
(a) If the Commissioner with respect to a
corporate fiduciary shall find:
(1) Its capital is impaired or it is otherwise in an |
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(2) Its business is being conducted in an unlawful
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| manner, including, without limitation, in violation of any provisions of this Act or of an order of the Commissioner, or in a fraudulent or unsafe manner; or
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(3) It is unable to continue operations; or
(4) Its examination has been obstructed or impeded;
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| the Commissioner may give notice to the board of directors of the corporate fiduciary of his finding or findings. If the situation so found by the Commissioner shall not be corrected to his satisfaction within 60 days after receipt of such notice, the Commissioner at the termination of said 60 days may take possession and control of the corporate fiduciary, its assets, and assets held for beneficiaries of its fiduciary obligations, as in this Act provided for the purpose of examination, reorganization or liquidation through receivership.
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(b) If, in addition to a finding as provided in subsection
(a) of this Section, the Commissioner shall be of the opinion and
shall find that an emergency exists which may result in serious
losses to the beneficiaries of fiduciary relationships with the
corporate fiduciary, he may, in his discretion, without having
given the notice provided for in subsection (a) of this Section,
and whether or not proceedings under subsection (a) of this
Section have been instituted or are then pending, forthwith take
possession and control of the corporate fiduciary and its assets
for the purpose of examination, reorganization or liquidation
through receivership.
(Source: P.A. 92-483, eff. 8-23-01.)
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