{"identifier":"/us/usc/t12/s206","title":12,"num":"\u00a7\u202f206.","heading":"Conservator; powers and duties","text":"\u00a7\u202f206.\nConservator; powers and duties\n(a)\nGeneral powers\nA conservator shall have all the powers of the shareholders, directors, and officers of the bank and may operate the bank in its own name unless the Comptroller\n1\n1 So in original. Probably should be \u201cComptroller of the Currency\u201d.\n(b)\nSubject to rules of Comptroller\nThe conservator shall be subject to such rules, regulations, and orders as the Comptroller from time to time deems appropriate; and, except as otherwise specifically provided in such rules, regulations, or orders or in\nsection 209 of this title\n(c)\nPayment of depositors and creditors\nThe Comptroller may require the conservator to set aside and make available for withdrawal by depositors and payment to other creditors such amounts as in the opinion of the Comptroller may safely be used for that purpose. All depositors and creditors who are similarly situated shall be treated in the same manner.\n(d)\nCompensation of conservator and employees\nThe conservator and professional employees appointed to represent or assist the conservator shall not be paid amounts greater than are payable to employees of the Federal Government for similar services, except that the Comptroller of the Currency may authorize payment at higher rates (but not in excess of rates prevailing in the private sector), if the Comptroller determines that paying such higher rates is necessary in order to recruit and retain competent personnel.\n(e)\nExpenses\nAll expenses of any such conservatorship shall be paid by the bank and shall be a lien upon the bank which shall be prior to any other lien.","url":"https://projectusc.org/usc/t12/s206.html","content":[{"t":"sec","id":"/us/usc/t12/s206","children":[{"t":"num","text":"\u00a7\u202f206."},{"t":"heading","text":"Conservator; powers and duties"},{"t":"subsec","id":"/us/usc/t12/s206/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"General powers"},{"t":"content","children":[{"t":"p","text":"A conservator shall have all the powers of the shareholders, directors, and officers of the bank and may operate the bank in its own name unless the Comptroller\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cComptroller of the Currency\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cComptroller of the Currency\u201d.","tail":" in the order of appointment limits the conservator\u2019s authority."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s206/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Subject to rules of Comptroller"},{"t":"content","children":[{"t":"p","text":"The conservator shall be subject to such rules, regulations, and orders as the Comptroller from time to time deems appropriate; and, except as otherwise specifically provided in such rules, regulations, or orders or in ","children":[{"t":"ref","text":"section 209 of this title","href":"/us/usc/t12/s209","tail":", shall have the same rights and privileges and be subject to the same duties, restrictions, penalties, conditions, and limitations as apply to directors, officers, or employees of a national bank."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s206/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Payment of depositors and creditors"},{"t":"content","children":[{"t":"p","text":"The Comptroller may require the conservator to set aside and make available for withdrawal by depositors and payment to other creditors such amounts as in the opinion of the Comptroller may safely be used for that purpose. All depositors and creditors who are similarly situated shall be treated in the same manner.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s206/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Compensation of conservator and employees"},{"t":"content","children":[{"t":"p","text":"The conservator and professional employees appointed to represent or assist the conservator shall not be paid amounts greater than are payable to employees of the Federal Government for similar services, except that the Comptroller of the Currency may authorize payment at higher rates (but not in excess of rates prevailing in the private sector), if the Comptroller determines that paying such higher rates is necessary in order to recruit and retain competent personnel.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s206/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Expenses"},{"t":"content","children":[{"t":"p","text":"All expenses of any such conservatorship shall be paid by the bank and shall be a lien upon the bank which shall be prior to any other lien.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}