(a) After filing a supplement to the certificate of possession setting forth its determination
to liquidate the affairs of the financial institution, the department may, without
leave of court and without filing an account, make an advance payment of a dividend
to all depositors the amounts of whose claims, as they appear upon the books or other
records of the financial institution, are undisputed. The dividend shall be calculated as if the claims of all other depositors, as they
appear upon the books or other records of the financial institution, and the claims
of all creditors or other corporations or persons who assert priority over or parity
with depositors in the order of distribution of the assets, were valid and uncontested.
(b) However, the department shall not make such an advance payment of a dividend to
any depositor until it shall have set aside an amount sufficient to pay in full the
claims of all creditors or other corporations or persons asserting or entitled to
priority over depositors in the order of distribution and to pay the proportionate
dividend on the amounts claimed by the other depositors and by any creditors or other
corporations or persons who are entitled to or who claim parity with depositors in
the order of distribution provided for by law. The department shall likewise set aside, before making such advance payment, such
amount as it shall deem necessary for the expenses of administration of the receivership.
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