Okla. Stat. tit. 6, § 6-204

This is the official text of Okla. Stat. tit. 6, § 6-204, part of Oklahoma’s Stat. tit. 6, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 6,." Browse the sections below, each linked to its official government source.

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Powers of Commissioner – Review of orders

Official statutory text

A. In addition to other powers conferred by this Code, the

State Banking Commissioner shall have the power to require a bank,

bank holding company or trust company or shareholder, officer,

director, or bank employee to:

Oklahoma Statutes - Title 6. Banks and Trust Companies Page 22

1. Maintain its accounting system in accordance with such

regulations as may be prescribed by the Board or as the Commissioner

may prescribe in absence of Board regulations; provided, the

accounting system required shall have due regard to the size of the

banking and trust organization;

2. Observe methods and standards which the Commissioner may

prescribe for determining the value of various types of assets;

3. Charge off the whole or part of an asset which at the time

of the Commissioner's action could not lawfully be acquired;

4. Write down an asset to its market value;

5. Record liens and other interest in property;

6. Obtain a financial statement from a borrower to the extent

that the bank can do so;

7. Obtain insurance against damage to real estate taken as

security;

8. Search, or obtain insurance of, the title to real estate

taken as security;

9. Maintain adequate insurance against such other risks as the

Commissioner may determine to be necessary and appropriate for the

protection of depositors, trust funds and the public;

10. Cease and desist from engaging in any act or transaction,

or doing any act in furtherance thereof, which would constitute a

violation of the provisions of the Oklahoma Banking Code, federal

banking law or the applicable banking law of another state, or a

lawful regulation issued thereunder, or to cease and desist from

engaging in any unsafe or unsound banking or trust practice; and

11. Pay civil money penalties under the same circumstances and

conditions applicable to imposition of civil money penalties by the

primary federal bank regulatory agency of the bank.

B. Before issuing an order provided for in subsection A of this

section, the Commissioner shall give reasonable notice of an

opportunity for a hearing. However, if the Commissioner makes

written findings of fact that the protection of depositors will be

harmed by delay in issuing an order provided for in subsection A of

this section, the Commissioner may issue a temporary order pending

the hearing on the order provided for in subsection A of this

section. The temporary order shall remain in effect until three (3)

business days after the hearing on the order provided for in

subsection A of this section and shall become final if the bank or

trust company subject to the order fails within fifteen (15) days

after the receipt of the order to request a hearing to determine

whether the temporary order should be modified, vacated, or become

final. If a hearing on the temporary order is not held upon written

request, the temporary order shall dissolve and the order provided

for in subsection A of this section shall not be issued except upon

reasonable notice and opportunity for hearing.

Oklahoma Statutes - Title 6. Banks and Trust Companies Page 23

C. Any person, bank or trust company aggrieved by a final order

of the Commissioner as provided for in this section may obtain a

review of the order by the Board, who shall have the power to

affirm, modify, reverse, or stay the enforcement of any order of the

Commissioner.

D. The Commissioner may enter into cooperative, coordinating,

and information-sharing agreements with any other bank supervisory

agencies or any organization affiliated with or representing one or

more bank supervisory agencies with respect to the periodic

examination or other supervision of any bank, bank holding company,

or branch in this state of an out-of-state state bank, or any branch

of an Oklahoma state bank in any other state, and the Commissioner

may accept such reports of examination and reports of investigation

in lieu of conducting the Commissioner's own examinations or
r

more bank supervisory agencies with respect to the periodic

examination or other supervision of any bank, bank holding company,

or branch in this state of an out-of-state state bank, or any branch

of an Oklahoma state bank in any other state, and the Commissioner

may accept such reports of examination and reports of investigation

in lieu of conducting the Commissioner's own examinations or

investigations. If such agreements result in the payment of fees,

however calculated, by any other bank supervisory agency to the

Oklahoma State Banking Department for examination or supervisory

activities conducted by Department personnel, whether such activity

is conducted inside or outside of this state, such fees shall be

deposited in the Oklahoma State Banking Department revolving fund

pursuant to Section 211.1 of this title. If such agreements result

in the payment of fees, however calculated, by the Department to any

other bank supervisory agency for examination or supervisory

activities conducted by such other bank supervisory agency, whether

such activity is conducted inside or outside of this state, such

fees shall be paid by the Department from the Oklahoma State Banking

Department revolving fund pursuant to Section 211.1 of this title.

The Commissioner may enter into cooperative, coordinating, and

information-sharing agreements with the Department of Consumer

Credit and other state agencies with whom the agreements may be

mutually beneficial.

E. The Commissioner may enter into cooperative agreements with

other bank regulatory agencies to facilitate the regulation of banks

and bank holding companies doing business in this state. The

Commissioner may accept reports of examinations and other records

from such other agencies in lieu of conducting its own examinations

of banks controlled by out-of-state bank holding companies. The

Commissioner may take any action jointly with other regulatory

agencies having concurrent jurisdiction over banks and bank holding

companies or may take such actions independently in order to carry

out the responsibilities of the Commissioner.

F. 1. The Commissioner may issue interpretive statements

containing matters of general policy for the guidance of state banks

and trust companies and other entities under the jurisdiction of the

Department. The Commissioner may amend or repeal an interpretive

statement by issuing an amended statement or notice of repeal of a

Oklahoma Statutes - Title 6. Banks and Trust Companies Page 24

statement and shall provide notice thereof and make it available to

all state-chartered banks and trust companies upon request.

2. The Commissioner may issue opinions in response to specific

requests from members of the public or the banking and trust

industry directly or through the Deputy Commissioner or the

Department's attorneys. The Commissioner may amend or repeal an

opinion by issuing an amended statement or notice of repeal of an

opinion and shall provide notice thereof and make it available to

all state-chartered banks and trust companies upon request, except

that the requesting party may rely on the original opinion if all

material facts were originally disclosed to the Commissioner,

considerations of safety and soundness of the affected bank are not

implicated with respect to further and prospective reliance on the

original opinion, and the text and interpretation of relevant,

governing provisions of this act have not been changed by

legislative or judicial action.

3. An interpretive statement or opinion issued under this

section does not have the force of law and is not a rule.

Status: in_force · Read it on the official government site

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