2005 Idaho Code - 26-1010 — DIRECTOR MAY APPOINT AGENTS

                                  TITLE  26
                              BANKS AND BANKING
                                  CHAPTER 10
                       CLOSING AND LIQUIDATION OF BANKS
    26-1010.  DIRECTOR MAY APPOINT AGENTS. The director may, under his hand
and seal, appoint and authorize an agent to assist him or act for him in the
performance of any powers or duties hereunder, the certificate of appointment
to be filed in the office of said director, and a certified copy thereof
delivered to such agent. Such agent and other employees hereinafter mentioned,
shall receive a salary, to be fixed as hereinafter provided, for the time he
is actually engaged in the performance of such duties. The director may also
employ such attorneys and procure such expert accountants and other experts,
assistants and employees as may be necessary in the liquidation and
distribution of the assets of any such bank, and the performance of his duties
hereunder, and may retain such of the officers or employees of such bank as he
may deem necessary. He shall require from the agent appointed by him and from
such of the assistants as will have charge of any of the assets of the bank
such security for the faithful discharge of their duties as he may deem
proper.
    The director may also designate any one of the examiners of the department
of finance as a general liquidating agent, with his office in the department
of finance, for the purpose of liquidating any one or all state banks in the
process of liquidation, and for the purpose of conducting such liquidation
under the direction of said director; and may authorize the said liquidating
agent to employ such clerical help as may be necessary.
    Liquidating agents and experts and clerical assistants shall receive a
salary to be fixed by the director and necessary traveling and hotel expenses
incurred in the performance of official duties. The salary of the liquidating
agent and experts and necessary clerical assistance [assistants] and other
expenses incurred by the said liquidating agent shall be borne equally and
ratably by the bank or banks in process of liquidation under such agent's
charge in proportion to the total amount of resources of each of such banks.
The funds for such expenses shall be raised by assessing each bank in ratio
herein set forth and paying such expenses directly to the persons entitled
thereto, without depositing any of such funds in the state treasury.
    The compensation of the agents appointed by the director and of attorneys,
expert accountants and other assistants, and all expenses of liquidation and
distribution of a bank whose assets and business shall be taken possession of
by the director, shall be fixed by the director, but subject to be approved by
the judge of the district court of the county in which the bank is located, on
notice to such bank.  Except in cases of emergency, the compensation to be
paid to attorneys and expert accountants shall be fixed and approved before
services are rendered.  When the compensation shall have been so fixed and
approved and the services rendered, the same shall be paid out of the funds of
such bank in the hands of the director, and shall be a proper charge and lien
on the assets of such bank as herein provided.