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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
204
:
POWERS OF FINANCIAL INSTITUTIONS
Subchapter
002
:
DEPOSITS IN GENERAL
§
14211. Claims not clearly consistent
If any claim not
clearly consistent with the terms of any applicable authority on file with a
financial institution is made to any deposit, safe deposit box, property held
in safekeeping, security, obligation, or other property in the financial
institution's possession or control, in whole or in part, by any person,
including any depositor, individual, or group of individuals, whether or not
authorized to draw on or exercise any right or control with respect to the
property, the financial institution is not required to recognize the claim
without one of the following:
(1) a court
order, issued by a court of competent jurisdiction and served on the financial
institution, enjoining or restraining the financial institution from taking any
action with respect to the property or instructing the financial institution to
pay the balance of the account, provide access to the safe deposit box, or
deliver the property as provided in the order; or
(2) a bond in
the form and amount and with sureties satisfactory to the financial
institution, indemnifying the financial institution against any liabilities,
loss, and expenses it might incur because of its recognition of the claim or
because of its refusal, due to the claim, to honor or recognize any right with
respect to the property. (Added 1999, No. 153 (Adj. Sess.), § 2, eff. Jan. 1,
2001.)