§ 6-121 – Examination; supervision
6-121. Examination; supervision All financial institutions and enterprises shall be subject to examination and supervision by the department.
§ 6-122 – Deputy director; authority; duties
6-122. Deputy director; authority; duties A. The deputy director has the authority and responsibility for the discharge of all duties imposed by law on the division. B. The deputy director shall: 1. Examine or cause to be examined each financial institution annually, except financial institution holding companies, banks, savings and loan associations, credit unions and […]
§ 6-123 – Deputy director; powers
6-123. Deputy director; powers In addition to the other powers, express or implied, the deputy director may: 1. Exercise all powers that are necessary for the administration and enforcement of the laws and rules relating to financial institutions and enterprises. 2. In accordance with title 41, chapter 6, adopt rules that are necessary or appropriate […]
§ 6-123.01 – Fingerprint requirements; fees
6-123.01. Fingerprint requirements; fees A. Before receiving and holding a license, permit, certificate or permission to organize a bank, savings and loan association or credit union, the deputy director may require an applicant, licensee, active manager or responsible individual, an organizer, director or officer of any corporate applicant or licensee, any individual in control of […]
§ 6-124 – Investigations; compelling testimony and the production of documents; self-incrimination
6-124. Investigations; compelling testimony and the production of documents; self-incrimination A. The deputy director may conduct examinations and investigations within or outside this state to determine whether any person has engaged, is engaging or is about to engage in any act, practice or transaction which constitutes an unsafe or unsound practice or a violation of […]
§ 6-125 – Annual examination assessment of financial institutions and enterprises; costs of foreign examination; payment
6-125. Annual examination assessment of financial institutions and enterprises; costs of foreign examination; payment A. Before August 31 of each year the deputy director shall make the following annual assessments: 1. On banks, the annual assessment set by the deputy director. 2. On savings and loan associations, a charge not to exceed the annual assessment […]
§ 6-126 – Application fees for financial institutions and enterprises
6-126. Application fees for financial institutions and enterprises A. The following nonrefundable fees are payable to the department with the filing of the following: 1. To apply for a banking permit, $1, 000. 2. To apply for an amendment to a banking or savings and loan association permit, $1, 000. 3. To establish each banking […]
§ 6-127 – Disposition of revenue
6-127. Disposition of revenue All fees, charges, fines and assessments received by the department shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund except as provided in sections 6-135 and 6-135.01.
§ 6-128 – Joint examinations; acceptance of federal regulatory and other authorized examinations
6-128. Joint examinations; acceptance of federal regulatory and other authorized examinations A. The examination of a financial institution or enterprise may be made in coordination with any authorized federal examination or an examination by another state. The deputy director in the deputy director’s discretion may accept the examination report or other information compiled or generated […]
§ 6-129 – Records; disclosure and limitations on disclosure; evidentiary effect
6-129. Records; disclosure and limitations on disclosure; evidentiary effect A. Except as otherwise provided by this title, the records of the department relating to financial institutions are not public documents, are not open for inspection by the public and the director and any member of the director’s staff may not disclose any information obtained in […]
§ 6-129.01 – Enterprise documents open to public inspection
6-129.01. Enterprise documents open to public inspection All papers, documents, reports and other written instruments filed with the deputy director pursuant to the requirements of this title by an enterprise shall be open to public inspection, except that the deputy director may withhold from public inspection for such time as the deputy director considers necessary […]
§ 6-130 – Limitation of personal liability
6-130. Limitation of personal liability No officer or employee of the department shall be liable in any civil action for damages for any act done or omitted in good faith in performing the functions of the department.
§ 6-131 – Right to sue and defend in actions; liability limitation; award of fees and other expenses
6-131. Right to sue and defend in actions; liability limitation; award of fees and other expenses A. The director may sue and prosecute or defend in any action or proceeding in any court of this state or any other state or territory and in any court of the United States for the enforcement or protection […]
§ 6-131.01 – Appointment of deputy director as receiver; award of property, fees and costs
6-131.01. Appointment of deputy director as receiver; award of property, fees and costs A. The deputy director may be appointed as a receiver of a financial institution or enterprise under the deputy director’s supervision. No bond is required of the deputy director for acting as a receiver. B. All reasonable expenses of the department relating […]
§ 6-132 – Violation of title; civil penalty
6-132. Violation of title; civil penalty The deputy director may assess a civil penalty in an amount of not more than $5, 000 against a person, including any officer, director, employee, agent or other person who participates in the conduct of the affairs of the person, for any knowing violation of any provision of this […]
§ 6-133 – Violations; classification
6-133. Violations; classification A. Any person who knowingly violates any provision of this title for which a different penalty is not specifically provided or knowingly violates any rule, regulation or order issued or promulgated pursuant to this title is guilty of a class 6 felony. Each day of violation shall constitute a separate offense. B. […]
§ 6-134 – False statements as to financial condition; classification
6-134. False statements as to financial condition; classification Any person who knowingly makes, circulates or transmits to another a false statement or rumor, written, printed or by word of mouth, which is, directly or by inference, derogatory of the financial condition or solvency of any bank, savings and loan association or credit union is guilty […]
§ 6-135 – Department revolving fund; use of fund
6-135. Department revolving fund; use of fund A. There is established a department revolving fund to be administered by the deputy director under the conditions and for the purposes provided by this section. Monies in the fund are exempt from the provisions of section 35-190, relating to lapsing of appropriations. B. Any investigative costs, attorney […]
§ 6-135.01 – Department receivership revolving fund; use of fund
6-135.01. Department receivership revolving fund; use of fund A. The department receivership revolving fund is established to be administered by the deputy director. The fund shall consist of monies from the following sources: 1. Monies awarded and received as fees and costs in receiverships in which the deputy director was the receiver, as provided in […]
§ 6-136 – Violation of order or injunction; penalty
6-136. Violation of order or injunction; penalty Any person who violates any order or injunction issued by a court of competent jurisdiction pursuant to this title shall, in addition to any other penalty or remedy for contempt of court, forfeit and pay to this state a civil penalty of not more than ten thousand dollars […]