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HomeFinancial CodeDiv. 2Ch. 7Art. 7§ 8254 Receiver Challenge Process

§ 8254 Receiver Challenge Process

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8254 Receiver Challenge Process

Key Takeaways

  • •If a company feels unfairly treated when a receiver takes over its property and business, it can ask a court to stop the process.
  • •The company has only 10 days to make this request after the takeover happens.
  • •The court will listen to both sides and decide whether to stop the takeover or let it continue.

Example

A small local bank is taken over by a receiver because of financial problems. The bank's owners believe the takeover is unfair and want to keep running their business.

The bank can go to court within 10 days and ask the judge to stop the receiver from taking control. The judge will hear from both the bank and the receiver before deciding whether to stop the takeover or let it go on.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8254 Receiver Challenge Process

Whenever a receiver has taken possession of the property and business of any association pursuant to this article, that association, within 10 days after the taking, if it deems itself aggrieved thereby, may apply to the superior court in the county in which the home office of the association is located to enjoin further proceedings. The court, after citing the commissioner to show cause why further proceedings should not be enjoined and after hearing and determination of the facts, may dismiss the application or enjoin the commissioner from further proceedings and direct the commissioner to surrender the property and business to that association. (Added by Stats. 1988, Ch. 718, Sec. 24.)

Last verified: January 23, 2026

Key Terms

associationpossessioncommissionterminationpropertyhearingapplication

Related Statutes

  • § 8036 Savings Association Fund Deposits
  • § 16906 Foreign Credit Union Seizure
  • § 601 Commissioner Asset Liquidation Authority
  • § 603 Commissioner Liquidation Authority
  • § 604 Commissioner Appoints Conservator

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 8254.
View Official Source