LD 949
pg. 14
Page 13 of 14 An Act To Enhance the Supervisory Powers of the Department of Professional and ... LD 949 Title Page
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LR 444
Item 1

 
SUMMARY

 
This bill changes the banking laws to clarify certain
provisions and provides additional regulatory powers essential to
effective regulation of Maine chartered banks and credit unions.

 
The bill clarifies the definition of deposit production
offices and amends the statutory prohibition for the operation of
deposit production offices to more closely align it to federal
law.

 
The bill establishes procedures for the appointment of a
conservator in the event that a financial institution is
operating in an unsafe or unsound or other potentially hazardous
condition and needs to reorganize or be put into a sound
condition. Conservation is a step that can be taken,
specifically in the case of limited purpose financial
institutions whose accounts are not insured by a federal
insurance agency, before liquidation is ordered by the
Superintendent of Financial Institutions.

 
The bill clarifies the superintendent's authority to order an
institution closed and the appointment of a receiver and sets
forth additional authority and limitation from liability in
conservation or liquidation.

 
The bill establishes a notification procedure that must be
followed if a state-chartered financial institution makes a
fundamental change in asset composition.

 
The bill establishes an asset pledge requirement that the
superintendent may enforce in a nondepository trust company,
merchant bank or uninsured bank as necessary for the protection
of the public.

 
This bill clarifies existing authority of the superintendent
to remove an officer or director from office or prohibit further
participation by the officer or director in the conduct of the
affairs of a financial institution or a financial institution
holding company when similar action has been taken by the
appropriate federal banking agency or when an officer or director
has evidenced dishonesty or unfitness by conduct with respect to
another business entity.


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