(1) A person directing or participating in the direction of a financial institution commits an offense who receives or permits the receipt of a deposit, premium payment or investment in the institution knowing that, due to the financial condition of the institution: It is or will be unable to make payment of the deposit on demand, if it is a deposit ordinarily payable on demand; or
(2) It is about to suspend operations or go into receivership.
(3) It is a defense to prosecution under this section that the person making the deposit, premium payment or investment was adequately informed of the financial condition of the institution.
(4) An offense under this section is a Class E felony.