§ 81-5-103. General penalty
Any banker, officer, employee, director or agent of any state bank who shall knowingly or wilfully neglect to perform any duty required by law, where no other penalty is provided or who shall fail to conform to any lawful requirement made by the department of bank supervision shall be guilty of a misdemeanor and upon […]
§ 81-5-105. Standard of care for bank directors established
Bank and bank holding company officers and directors shall be deemed to stand in a fiduciary relationship to their bank or bank holding company and its stockholders and shall discharge the duties of their respective positions in good faith and with that diligence, care, judgment and skill as provided in subsection (2) of this section. […]
§ 81-5-151. Definitions
For purposes of Sections 81-5-151 and 81-5-153, the following words and phrases shall have the meanings ascribed herein, unless the context requires otherwise: “Bank” shall have the same definition as set forth in Section 81-3-1 and shall include the bank holding company, affiliates, and subsidiaries of a bank. “Self-assessment” means a voluntary, self-initiated internal assessment, […]
§ 81-5-153. Discovery and admissibility in evidence of self-evaluation reports of depository financial institutions; divulgence or dissemination of information in reports; exemption from Public Records Act
A self-assessment report is privileged and is not admissible in any legal or investigative action in any civil or administrative proceeding andis not subject to any discovery under the rules of civil procedure or administrative procedure, unless: The bank, irrespective of whether the self-assessment was conducted and/or prepared by a private contractor hired by the […]
§ 81-5-93. Clearinghouse associations authorized
Banks or banking institutions in any municipality or county or counties in this state may organize and establish clearinghouse associations, composed of such banks and banking institutions as may become members thereof, by voluntary action for the purpose of effecting daily settlements and exchanges by and between the associate banks, the payment or settlements at […]
§ 81-5-95. Powers of clearinghouse associations
Clearinghouse associations, by the action of the members thereof, shall have the power to adopt and enact rules, regulations and bylaws providing: (a) for officers and business agents of such clearinghouse association, and for the maintenance of same; (b) for the conduct of the affairs and business of the association; (c) for the settlement of […]
§ 81-5-97. Banking hours
The commissioner of banking and consumer finance may, from time to time, adopt and promulgate rules regulating banking hours, and such rules shall have all the force and effect of law. In addition thereto, the commissioner may permit a bank to close its doors for business at such time or times during the week as […]
§ 81-5-98. Drive-in teller windows and branch offices considered to be branch banks
Drive-in teller windows and branch offices in operation on July 1, 1986, shall on such date, and thereafter, be considered branch banks for the purpose of applying the branching provisions of this chapter and are authorized to continue operating as branch banks.
§ 81-5-100. Establishment of electronic banking terminals
For the purposes of this section, the following words shall have the meaning herein described unless the context shall otherwise require: “Electronic terminal” means an unmanned electronic device owned or operated by a federally insured bank or thrift through which a consumer may initiate an electronic fund transfer. “Electronic fund transfer” means any of the […]
§ 81-5-101. Dissolution of solvent banks
When the owners of two-thirds of the capital stock of any solvent corporation engaged in a banking business shall have determined and voted to dissolve the corporation, they shall proceed in the following manner, to-wit: The corporation shall advise the department of bank supervision by registered mail, over the signature of the board of directors […]