B.__In the case of an investor-owned financial institution, |
if the liabilities of that financial institution, excluding |
the outstanding equity interest, exceed its assets, the |
deficit, after making due allowances for priorities, must be |
divided pro rata among the depositors and each account |
charged with its proportionate share of the deficit.__A |
depositor is entitled to withdraw the amount of the |
depositor's account as fixed and determined in the amounts |
and at the times the conservator, with the prior written |
approval of the superintendent, directs.__That financial |
institution shall issue to each depositor a certificate |
showing the amount of the deficit charged to the depositor's |
account.__The certificate is negotiable and may not bear |
interest.__No dividend, profit, withdrawal or distribution |
may be made thereafter in liquidation of equity interests in |
that financial institution until the certificates have been |
paid in full with interest compounded at the rate of 3% per |
year; otherwise, the certificates may not be deemed to be a |
liability of that financial institution. |