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§ 81-5-1. General regulations

All banking corporations are prohibited, either through their officers or as a banking agency, from participating, directly or indirectly, in the operation of any underwriting syndicate which handles securities for resale. However, this inhibition shall not apply to bonds issued by federal, state, county or other governmental agencies. The executive officers of banking corporations now […]

§ 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 […]

§ 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. […]

§ 81-5-11. State banks may become members of Federal Reserve Bank

Any bank or trust company incorporated under the laws of Mississippi shall have power to subscribe to the capital stock and become a member of a Federal Reserve bank created and organized under the act of congress of the United States approved December 23, 1913, and known as the Federal Reserve Act and its amendments.

§ 81-5-13. Federal Reserve Act requirements must be observed

Any bank or trust company, incorporated under the laws of Mississippi, which shall become a member of a Federal Reserve bank, shall comply with the reserve requirements of the Federal Reserve Act and its amendments, and the compliance of such bank or trust company therewith shall be in lieu of, and shall relieve such bank […]

§ 81-5-15. Officers and employees of banks to furnish fidelity bond; insurance

Every active officer and employee of any bank or trust company in this state shall furnish a fidelity bond to the bank by which he is employed for the faithful performance of his duties, executed by some surety company authorized to do business in the State of Mississippi, as surety. The conditions of such bond, […]

§ 81-5-17. Bank stock; transfer and use as collateral

The shares of stock of banks shall be deemed personal property, and shall be transferred on the books of the bank in such manner as the by-laws thereof shall direct, and as required by law. But no bank shall accept as collateral, or be the purchaser of, its own stock, except in cases where the […]

§ 81-5-19. Stock; record of transfer of to be kept

A book shall be provided and kept by every bank, in which shall be entered the names and residences of the stockholders thereof, the number of shares held by each, the time when such person became a stockholder, and also all transfers of stock, stating the time when made, the number of shares and by […]

§ 81-5-2. Private corporation laws; application to state banks

All the provisions of law relating to private corporations operating in this state which are not inconsistent with this chapter or Chapters 1 and 3 of Title 81, Mississippi Code of 1972, or with the proper business of depository institutions, shall be applicable to all state banks.

§ 81-5-21. Stock of other banks not to be owned

No part of the stock of any bank except regional reserve banks shall be owned by a state bank. In cases where such stock is taken as collateral and the purchase thereof shall be necessary to prevent loss upon a debt previously contracted in good faith, then in such cases such stock shall be sold […]

§ 81-5-23. Preferred stock; issuance authorized

Banks may, with the approval of the state comptroller, and by a vote of stockholders owning a majority of the stock of such bank, upon not less than five (5) days’ notice, given by registered mail, pursuant to action taken by their boards of directors, issue preferred stock of one or more classes in such […]

§ 81-5-25. Investments in stock of small business investment companies

Shares of stock issued by small business investment companies, incorporated in this state and licensed under the provisions of the Small Business Investment Act of 1958, Public Law 699, 85th Congress, and any amendments thereto, shall be legal investments for state chartered banks and trust companies, to the same extent that shares of small business […]

§ 81-5-27. Liability of stockholders

The stockholders of every bank shall be individually liable, actually and ratably, and not for one another, for the benefit of the depositors in said bank at the amount of their stock at the par value thereof, and in addition to said stock. However, persons holding stock as executors, administrators, guardians or trustees shall not […]

§ 81-5-28. Bank holding companies; definitions; control of banks

As used in this section, unless the context clearly requires otherwise: “Bank” means any company that accepts deposits in Mississippi that are insured under the provisions of the Federal Deposit Insurance Act, 12 U.S.C. 1811 et seq., as amended; provided, however, that the term “bank” shall not include a company engaged solely in the trust […]

§ 81-5-29. Corporations may be formed to purchase, hold and own bank assets

Corporations may be formed to purchase, hold and own bank assets. By and with the consent and approval of the Commissioner of Banking and Consumer Finance, corporations may be formed in this state for the purpose of purchasing, holding, owning, dealing in, lending on and borrowing on assets of banks, either open or in liquidation. […]

§ 81-5-3. Bank not to permit use of its name

It shall be unlawful for any bank or corporation liable to taxation on its capital stock to permit any person to use its name in taking promissory notes, mortgages or deeds or trust, or to permit such instruments to indicate on their face that they are payable to such bank or corporation when the money […]

§ 81-5-31. Voting trusts prohibited

The transfer of any part of the stock of a state bank to trustees solely or primarily that they may vote the same at annual elections and stockholders’ meetings – “voting trusts” as they are generally known – is expressly prohibited. A violation of this section by any bank or banks shall constitute a breach […]

§ 81-5-33. Powers in regard to trusts

Banks may accept and execute all such trusts and perform such duties of every description as may be committed to them by any person or corporation or that may be committed or transferred to them by order of any court of record. They may receive money in trust, take and accept by grant, assignment, transfer, […]