53C-8-1. Commissioner has authority to supervise banks. (a) Every bank shall be under the supervision of the Commissioner. It shall be the Commissioner’s duty to enforce the banking laws through the employees and agents of the OCOB. All banks shall conduct their business in a manner consistent with the banking laws. (b) The Commissioner may […]
53C-8-10. Willfully and maliciously making derogatory reports. Any person who shall willfully and maliciously make, circulate, transmit, or otherwise communicate any statement, rumor, or suggestion to one or more other persons that is directly or by inference false and derogatory to the financial condition, or affects the solvency or financial standing, of any bank, or […]
53C-8-11. Misapplication, embezzlement of funds. (a) Any person who, with intent to defraud or injure a bank or any other person or with intent to deceive an officer of the bank or an employee of the OCOB appointed to examine the affairs of the bank, commits any of the following acts shall be guilty of […]
53C-8-12. Enforcement of the banking laws. (a) When the Commissioner believes that a violation of the banking laws has occurred or is continuing, the Commissioner may order an examination or investigation of the facts and circumstances relating to the suspected violation. (b) Every bank failing to make and transmit any report that the Commissioner is […]
53C-8-13. Immediate action orders. (a) In the event that the Commissioner determines that a bank has inadequate capital or insufficient capital or determines that immediate action is necessary to cause a bank to conduct its business in a safe and sound manner or to cause a bank or any of its directors, officers, or employees […]
53C-8-14. Supervisory control. (a) Whenever the Commissioner determines that a bank has insufficient capital and is conducting its business in an unsafe or unsound manner or in any fashion that threatens the financial integrity of the bank, the Commissioner may serve a notice of charges on the bank, requiring it to show cause why it […]
53C-8-15. Removal of directors, officers, and employees. (a) If the Commissioner determines that a director, officer, or employee of a bank has participated in or consented to any violation of this Chapter or an order of the Commissioner, or has engaged in any unsafe or unsound business practice in the operation of the bank, or […]
53C-8-16. Emergency powers. In the event of a natural disaster or other national, regional, state, or local emergency, the Commissioner may temporarily waive or suspend requirements for compliance by one or more banks with any provisions of this Chapter. (2012-56, s. 4.)
53C-8-17. Interstate regulatory agreements. The Commissioner may enter into cooperative, coordinating, and information sharing agreements with (i) any bank supervisory agency having jurisdiction over an out-of-state bank that operates one or more branches in this State and (ii) any bank supervisory agency of another state in which a bank operates one or more branches with […]
53C-8-2. Assessments and fees. Banks shall pay the following assessments and fees into the OCOB within 10 days after receipt of an invoice: (1) Annual assessments. – Each bank shall pay a cumulative assessment based on its total assets as shown on its report of condition made to the Commissioner as of December 31 each […]
53C-8-3. Reports required of banks. (a) Each bank shall file the following with the Commissioner, at such times, on such forms, and in such formats as the Commissioner may require: (1) Annual reports of conditions. (2) Periodic reports for interim periods within a year, not less than monthly in any case. (b) In addition to […]
53C-8-4. Examination by Commissioner. (a) The Commissioner may examine everything relating to the business of a bank or its holding company, and may appoint examiners to make such examination. The examiners shall file with the Commissioner a full report of the findings resulting from the examination, including any violation of law or any unauthorized or […]
53C-8-5. Examination of affiliates. The Commissioner, at his or her discretion, may examine the affiliates of a bank to the extent it is necessary to safeguard the interest of depositors and creditors of the bank and of the general public, and to enforce the provisions of this Chapter. The Commissioner may conduct the examination in […]
53C-8-6. Access to books and records; right to issue subpoenas, administer oaths, and examine witnesses. (a) The Commissioner and the Commissioner’s examiners and agents: (1) Shall have free access to all books and records of a bank, its holding company, and their affiliates that relate to the business of the bank or the holding company, […]
53C-8-7. Examiner making false report. If any bank examiner shall knowingly and willfully make any false or fraudulent report of the condition of any bank that the examiner has examined with the intent to aid or abet the bank or its affiliates in committing violations of any provision of this Chapter, or if any examiner […]
53C-8-8. Examiner disclosing confidential information. If any examiner or other employee of the OCOB fails to keep secret the facts and information obtained in the course of an examination of a bank except as permitted or required by this Chapter, the examiner shall be guilty of a Class 1 misdemeanor. (2012-56, s. 4.)
53C-8-9. Loans or gratuities forbidden. (a) No bank, or any officer, director, employee, or affiliate thereof, shall make an extension of credit or grant any gratuity to the Commissioner, any deputy commissioner, or any bank examiner. Any person violating this provision shall be guilty of a Class 1 misdemeanor and may be fined a sum […]
