(1)
As authorized by RCW 31.12.637, the director may, upon due notice
and hearing conducted by the director or the director's designee,
appoint a conservator for a credit union. The director may
appoint himself or herself or another qualified party as
conservator of the credit union. The conservator shall
immediately take charge of the credit union and all of its
property, books, records, and effects.
(2) The conservator shall conduct the business of the credit
union and take such steps toward the removal of the causes and
conditions that have necessitated the appointment of a
conservator, as the director may direct. The conservator is
authorized to, without limitation:
(a) Take all necessary measures to preserve, protect, and
recover any assets or property of the credit union, including any
claim or cause of action belonging to or which may be asserted by
the credit union, and administer the same in his or her own name
as conservator; and
(b) File, prosecute, and defend any suit that has been filed
or may be filed by or against the credit union that is deemed by
the conservator to be necessary to protect all of the interested
parties or a property affected thereby.
The conservator shall make such reports to the director from
time to time as may be required by the director.
(3) All costs incident to conservatorship will be a charge
against the assets of the credit union to be allowed and paid as
the director may determine.
(4) If at any time the director determines that the credit
union is not in condition to continue business under the
conservator in the interest of its share account holders,
depositors, or creditors, and grounds exist under RCW 31.12.637,
the director may proceed with appointment of a liquidating agent
or receiver in accordance with this chapter.
(5) The director, the department and its employees, and
third parties acting as conservators are not subject to liability
for actions under this section, and no departmental funds may be
required to be expended on behalf of the credit union, or its
creditors, employees, members, or any other party or entity.
[2010 c 87 § 12; 1997 c 397 § 64.]