(240 ILCS 40/20-20)
Sec. 20-20. Liquidation expenses; Asset Preservation Account.
(a) The Trustee shall pay from the Trust Account all
reasonable expenses incurred by the trustee on or after the date of failure in
reference to seizing, preserving, and liquidating the grain assets,
equity assets, collateral, and guarantees of or relating to a failed
licensee,
including, but not limited to, the hiring of temporary field
personnel, equipment rental, auction expenses, mandatory commodity check-offs,
and clerical
expenses.
(b) Except as to claimants holding valid claims, any
outstanding indebtedness of a failed licensee that has accrued
before the date of failure shall not be paid by the Trustee and
shall represent a separate cause of action of the creditor against
the failed licensee.
(c) The Trustee shall report all expenditures paid from the
Trust Account to the Corporation at least annually.
(d) To the extent assets are available under subsection (g) of Section
25-20 and upon presentation of documentation satisfactory to the Trustee, the
Trustee shall transfer from the Trust Account to the Regulatory Fund an amount
not to exceed the expenses incurred by the Department in performance of its
duties under Article 20 of this Code, in reference to the failed licensee. (e) The Department shall establish and maintain an Asset Preservation Account as provided in Section 205-410 of the Department of Agriculture Law of the Civil Administrative Code of Illinois that shall contain a maximum of $50,000. The funds in the Asset Preservation Account are to be used solely by the Trustee for the reasonable expenses incurred by the Department on or after the date of failure for preserving and liquidating grain assets, equity assets, collateral, and guarantees of or relating to a failed licensee, provided that the Department has made a determination that the benefit of preserving and liquidating the grain assets, equity assets, collateral, and guarantees exceeds the anticipated costs of the preservation and liquidation, and only to the extent that all liquid and available moneys in the Grain Indemnity Trust Account relating to the particular failure have been exhausted. The Asset Preservation Account shall be funded by the income earned on the assets in the Fund. The income must be transferred to the Asset Preservation Account on a monthly basis, within 10 business days after the end of each calendar month, and to the extent necessary to maintain the $50,000 balance. The Trustee, or his or her designee, must file a report of all receipts by and disbursements from the Asset Preservation Account with the Board prior to each meeting of the Board.
(Source: P.A. 93-225, eff. 7-21-03; 94-54, eff. 1-1-06.)
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