An Act To Make Technical and Supervisory Amendments to the Laws Governing Banking and Consumer Credit
Sec. 1. 9-A MRSA §6-202, as amended by PL 1975, c. 767, §8, is further amended to read:
§ 6-202. Notification
Sec. 2. 9-B MRSA §222, sub-§3, as amended by PL 2001, c. 211, §7, is repealed and the following enacted in its place:
The report must contain a declaration that the report is true and correct and must be signed by an officer authorized to do so by the board of directors of the financial institution. The financial institution shall retain a copy of the report that is filed with the bureau, including the original signed declaration, and shall make it available to the bureau upon request.
Sec. 3. 9-B MRSA §223, sub-§2, as enacted by PL 1975, c. 500, §1, is amended to read:
Sec. 4. 9-B MRSA §342, as amended by PL 2007, c. 79, §7, is further amended to read:
§ 342. Conversion to new charter: federal to State; State to federal; out of state to State
The rights of dissenting investors of a converting financial institution organized under another state are governed by the laws of that state.
Sec. 5. 9-B MRSA §369, as enacted by PL 1991, c. 34, §8, is repealed and the following enacted in its place:
§ 369. Judicial review
The court must uphold the superintendent's finding that a financial institution is insolvent or that its condition is such as to render its further proceedings hazardous to the public or to those having funds in its custody and must uphold the appointment of a receiver unless the court finds that the superintendent's action was arbitrary and capricious.
Sec. 6. 9-B MRSA §416, as amended by PL 1997, c. 207, §1, is further amended to read:
§ 416. Powers of federally chartered institutions
Notwithstanding any other provisions of law, a financial institution has the power to engage in any activity that financial institutions chartered by or otherwise subject to the jurisdiction of the Federal Government may be authorized to engage in by federal legislation or regulations issued pursuant to such legislation as long as the financial institution files with the superintendent prior written notice of its intention to engage in such activity. In the event any law of this State is preempted or declared invalid pursuant to applicable federal law, by a court of competent jurisdiction or by the responsible federal chartering authority with respect to any power that may be exercised by a financial institution chartered by or otherwise subject to the jurisdiction of the Federal Government, that law is invalid with respect to financial institutions authorized to do business in this State. The notice must include a description of the activity, a description of the financial impact of the activity on the financial institution, citation of the legal authority to engage in the activity under federal law, a description of any limitations or restrictions imposed on the activity under federal law and any other information the superintendent may require. The financial institution may engage in the activity unless the superintendent disapproves of the activity due to consumer protection or safety and soundness considerations, or if the superintendent requests further information, no later than 30 days after the notice is filed. As used in this section, "activity" includes any right, power, privilege or benefit or any loan, investment or transaction that a financial institution chartered by or otherwise subject to the jurisdiction of the Federal Government, directly or through a subsidiary, may lawfully exercise or lawfully engage in or enter. The superintendent may adopt rules to ensure that such powers are exercised in a safe and sound manner with adequate consumer protections. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.
Sec. 7. 9-B MRSA §828, as amended by PL 1997, c. 207, §2, is further amended to read:
§ 828. Powers of federally chartered credit unions
Notwithstanding any other provisions of law, a credit union has the power to engage in any activity that a credit union chartered by or otherwise subject to the jurisdiction of the Federal Government may be authorized to engage in by federal legislation or regulations issued pursuant to such legislation as long as the credit union files with the superintendent prior written notice of its intention to engage in such activity. In the event any law of this State is preempted or declared invalid pursuant to applicable federal law, by a court of competent jurisdiction or by the responsible federal chartering authority with respect to any power that may be exercised by a credit union chartered by or otherwise subject to the jurisdiction of the Federal Government, that law is invalid with respect to credit unions authorized to do business in this State. The notice must include a description of the activity, a description of the financial impact of the activity on the credit union, citation of the legal authority to engage in the activity under federal law, a description of any limitations or restrictions imposed on the activity under federal law and any other information the superintendent may require. The credit union may engage in the activity unless the superintendent disapproves of the activity due to consumer protection or safety and soundness considerations, or unless the superintendent requests further information, no later than 30 days after the notice is filed. As used in this section, "activity" includes any right, power, privilege or benefit or any loan, investment or transaction that a credit union chartered by or otherwise subject to the jurisdiction of the Federal Government, directly or through a service corporation, may lawfully exercise or lawfully engage in or enter. The superintendent may adopt rules to ensure that such powers are exercised in a safe and sound manner with adequate consumer protections. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.
Sec. 8. 9-B MRSA §842, sub-§2, as amended by PL 2003, c. 322, §§29 to 31, is further amended to read:
Sec. 9. 9-B MRSA §842, sub-§3, as enacted by PL 1975, c. 500, §1, is repealed.
Sec. 10. 9-B MRSA §844, sub-§5, as enacted by PL 2003, c. 322, §33, is amended to read:
Sec. 11. 9-B MRSA §873, as amended by PL 1997, c. 398, Pt. L, §13, is further amended to read:
§ 873. Conversion: federal to State charter; out of state to State charter
Sec. 12. 9-B MRSA §1052, sub-§3, as amended by PL 1993, c. 257, §4, is further amended to read:
Sec. 13. 9-B MRSA §1053, sub-§1, as amended by PL 1993, c. 257, §5, is further amended to read:
Sec. 14. 9-B MRSA §1053, sub-§4, as amended by PL 2005, c. 65, Pt. C, §5, is further amended to read:
Sec. 15. 9-B MRSA §1053, sub-§5, as enacted by PL 1993, c. 257, §6, is amended to read:
Sec. 16. 9-B MRSA §1053, sub-§6, as enacted by PL 1993, c. 257, §6, is amended to read:
Sec. 17. 9-B MRSA §1054, sub-§3, as amended by PL 1993, c. 257, §8, is further amended to read:
Sec. 18. 9-B MRSA §1055, as amended by PL 1993, c. 257, §9, is further amended to read:
§ 1055. Rules
The superintendent shall adopt such rules as necessary to effectuate the purposes of this chapter and to ensure that the reorganization of a mutual financial institution is conducted in a fair and equitable manner to ensure the safety and soundness of the subsidiary savings institution universal bank and the protection of the subsidiary savings institution's universal bank's net worth.
summary
This bill eases regulatory burdens under Article 6 of the Maine Consumer Credit Code by eliminating the requirement for information concerning creditors and other entities subject to Article 6 that the administrator under the Maine Consumer Credit Code does not need or that can be found elsewhere, and allows the administrator under the Maine Consumer Credit Code to collect only the information considered necessary.
Currently, the filing deadline for financial institutions organized under the laws of this State is semiannually for condition reports and annually for income reports. The bill changes the filing deadlines to quarterly for both condition and income reports.
The bill requires a nondepository trust company to report the total fiduciary assets and income under management, in order to provide a more complete picture of the nondepository trust company's operations.
The bill clarifies that a financial institution that is chartered in a state other than this State may convert to become a financial institution chartered in this State.
The bill clarifies that 3rd parties may seek judicial review of the activities of a receiver charged with liquidating a financial institution. The proposed amendment creates a review process for receivers that is similar to the review process that currently exists for conservators.
The bill establishes the Superintendent of Financial Institutions as a gatekeeper in deciding which activities are appropriate for state-chartered financial institutions under existing federal parity law. The bill ensures that the superintendent is informed of new activities undertaken by financial institutions and authorizes the superintendent to disapprove of any new activities based on consumer protection and safety and soundness considerations.
The bill establishes the Superintendent of Financial Institutions as a gatekeeper in deciding which activities are appropriate for state-chartered credit unions under existing federal parity law. The bill ensures that the superintendent is informed of new activities undertaken by credit unions and authorizes the superintendent to disapprove of any new activities based on consumer protection and safety and soundness considerations.
The bill allows the option of compensating those who serve on a credit union's board of directors in order to attract and retain well-qualified directors. The bill also contains an annual fee cap to prevent directors from receiving excessive compensation.
The bill clarifies the procedure with respect to the requirement that a credit union having total assets in excess of $100,000,000 employ an independent public accountant to conduct an annual audit of the credit union.
This bill clarifies that a credit union that is chartered in a state other than this State may convert to become a credit union chartered in this State. The bill also permits a federally chartered credit union located outside of the State to convert to a credit union chartered in this State.
This bill replaces outdated terminology, "subsidiary savings institution," with current terminology, "subsidiary universal bank."