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5-7A-62
Section 5-7A-62 Application to convert charter; written plan of conversion; authorizing resolution;
submission to superintendent; fee; tentative approval; vote of stockholders or members; directors;
articles of incorporation and bylaws; statement of superintendent's objections; amendment;
appeal of disapproval; application to FDIC; final approval and permit. Any savings institution
may apply to the superintendent for permission to convert its charter in order to do business
as a state chartered bank in accordance with the following procedures: (1) The board of directors
shall approve a written plan of conversion, the application for conversion and shall adopt
an authorizing resolution, all by a vote of a majority of all the directors. The plan of conversion
shall include a statement of: a. The proposed organization and management structure of the
resulting bank if the application were approved, and the proposed name under which it would
do business as a bank; b. The method and time...
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9-17-19
Section 9-17-19 Civil actions for damages for violations of provisions of article, rules, etc.;
actions by private parties to enjoin violations of provisions of article, rules, etc. (a)
Nothing contained or authorized in this article and no civil action by or against the board
and no penalties imposed or claimed against any person for violating any provision of this
article or any rule, regulation or order issued under this article and no forfeiture shall
impair or abridge or delay any cause of action for damages which any person may have or assert
against any person violating any provision of this article or any rule, regulation or order
issued under this article. Any person so damaged by the violation may institute a civil action
for and recover such damages as he may show that he is entitled to receive. (b) In the event
the board should fail to bring a civil action to enjoin any actual or threatened violation
of any provision of this article or of any rule, regulation or order made...
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5-20-7
Section 5-20-7 Supervision and enforcement. (a) All credit card banks organized under the laws
of this state shall be subject to the supervision, regulation, and examination of the superintendent
and the superintendent shall have all enforcement powers with respect thereto as are provided
in this title. (b) In the event any credit card bank does not conduct its business consistent
with the provisions of Section 5-20-4, the superintendent may require such credit card bank
to cease all unauthorized activities, and may issue cease and desist orders and exercise any
other rights or powers provided by this title, including, but not limited to, seeking equitable
or legal remedies. In the event such credit card bank fails to abide by any order or written
agreement with the superintendent, the superintendent may in addition to all other rights,
remedies, and powers it may have under this title: (1) Impose upon the credit card bank or
any of its controlling or investor bank holding companies,...
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5-2A-22
Section 5-2A-22 Independent audits; minimum standards; advisory committee; report in lieu of
audit. The board of directors of each state bank shall at least once in each calendar year
have an audit made of its books and affairs, including any accounts held in a fiduciary capacity,
by independent auditors approved by the superintendent. These may be separate audits. "Independent
auditors" shall include the audit staff of a correspondent bank or the audit staff of
a bank holding company, or auditors or accountants who are not employees of the bank. The
superintendent shall by regulation establish minimum standards for audits and reports, which
shall include such matters as he shall require. To assist in promulgating minimum standards
for audits and reports, the superintendent shall appoint an advisory committee of no less
than six members. Membership of the committee shall consist of auditors, as qualified in Chapters
1A through 12A of this title, who regularly perform audits in banks...
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8-7A-3
Section 8-7A-3 Exclusions. This chapter does not apply to any of the following: (1) The United
States or a department, agency, or instrumentality thereof. (2) The transmission of money
by the United States Postal Service or by a contractor on behalf of the United States Postal
Service. (3) A state, county, city, or any other governmental agency or governmental subdivision
of a state. (4) Electronic funds transfer of governmental benefits for a federal, state, or
governmental agency by a contractor on behalf of the United States or a department, agency,
or instrumentality thereof, or a state or governmental subdivision, agency, or instrumentality
thereof. (5) A board of trade designated as a contract market under the federal Commodity
Exchange Act, 7 U.S.C. Sections 1-25 (1994), or a person that, in the ordinary course of business,
provides clearance and settlement services for a board of trade to the extent of its operation
as or for such a board. (6) A registered futures commission...
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34-1A-7
Section 34-1A-7 Licenses - Required. (a) Effective January 1, 1998, it shall be unlawful for
any person or business entity to engage in a business regulated by this chapter in this state
without a current valid license or in violation of this chapter and applicable rules and regulations
of the board. (b) Effective January 1, 1998, it shall be unlawful for a person or business
entity not licensed under this chapter to advertise or hold out to the public that he or she
is a licensee of the board. (c) Any person or business entity who violates this chapter or
any order, rule, or regulation of the board shall be guilty of a Class A misdemeanor, and
for each offense for which he or she is convicted shall be punished as provided by law. (d)
Effective January 1, 1998, it shall constitute a Class A misdemeanor to willfully or intentionally
do any of the following: (1) Obliterate the serial number on an alarm system for the purpose
of falsifying service reports. (2) Knowingly and deliberately...
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5-17-8.1
Section 5-17-8.1 Investigatory and enforcement powers of administrator, board, designee, etc.
(a) The administrator or the administrator's designee, in consultation with the agency's legal
counsel acting under the administrator, may administer oaths and may examine under oath any
person whose testimony may be required on the examination of any credit union, or the examination
of any affiliate of a credit union, and shall have authority and power to compel the appearance
and attendance of any such person or the production of any records and documents of any credit
union or any affiliate of a credit union for the purpose of any examination. Attendance or
production may be enforced by order of the Circuit Court, 15th Judicial District. The production
of records, documents, or testimony, whether or not made under oath, by a credit union or
by any of its directors, officers, employees, advisors, consultants, attorneys, or accountants
made for, and at the request of, the administrator upon...
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5-2A-61
Section 5-2A-61 Created; commissioner and deputy commissioner generally; examiners; disclosure
of information by officers; seal of commissioner. (a) There is hereby created a Savings and
Loan Bureau which shall be a bureau of the State Banking Department. (b) The bureau shall
be set up, established and administered by the Savings and Loan Commissioner under the executive
direction and control of the State Banking Department, and the commissioner shall be the same
person as the Superintendent of Banks. The Deputy Superintendent of Banks shall be the deputy
commissioner. The salaries of the commissioner and the deputy commissioner shall be payable
out of the treasury, as the salaries of other state officials are paid, and the commissioner
and his deputy shall be allowed and paid for necessary travelling expenses while travelling
upon official business as provided in Article 2 of Chapter 7 of Title 36. (c) The deputy commissioner
shall serve as secretary at the meetings of the Savings and...
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27-29-10
Section 27-29-10 Violations and penalties; criminal proceedings. (a) Any insurer failing, without
just cause, to file any registration statement as required in this chapter shall be required,
after notice and hearing, to pay a penalty of up to one thousand dollars ($1,000) for each
day's delay, to be recovered by the commissioner and the penalty so recovered shall be paid
into the state General Fund. The maximum penalty under this section is fifty thousand dollars
($50,000). The commissioner may reduce the penalty if the commissioner, in the commissioner's
sole discretion, determines it is equitable to do so or the insurer demonstrates to the commissioner
that the imposition of the penalty would constitute a financial hardship to the insurer. (b)
Every director or officer of an insurance holding company system who knowingly violates, participates
in, or permits any of the officers or agents of the insurer to engage in transactions or make
investments that have not been properly...
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34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or entity,
including the board or its staff, may file a complaint alleging a violation of this chapter
against any individual licensee, certified intern, or firm holding a certificate of authorization
or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed
by the complainant, shall state specifically the facts on which the complaint is based, and
shall be filed with the executive director of the board. (b) The board may designate one or
more individuals to investigate and report to it on any matter related to its lawful duties
and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
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