Title 6, Banks and Banking
0 chapters · 809 sections in this title.
La. Rev. Stat. § 6:1303 Examiners
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§1303. Examiners The commissioner shall appoint competent examiners who are not officers or agents of, or in any manner interested in, any savings bank, savings bank holding company, or subsidiaries or affiliates of either, except that they may be depositors therein. Acts 1990, N…
La. Rev. Stat. § 6:1304 Report of examination
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§1304. Report of examination Upon completion of each examination the commissioner shall make a report of examination to the board of directors of the savings bank or other entity examined. The report shall be read by each director who shall then execute a signed affidavit affirmi…
La. Rev. Stat. § 6:1305 Failure to comply with commissioner's report of examination; publication of reports
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§1305. Failure to comply with commissioner's report of examination; publication of reports Whenever any savings bank, after written notice of the recommendations of the commissioner based on a report of examination, fails to comply with these recommendations within forty-five day…
La. Rev. Stat. § 6:1306 Orders of the commissioner
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§1306. Orders of the commissioner A. If the affairs of the savings bank, savings bank subsidiary or affiliate, or savings bank holding company are not being conducted in accordance with this Chapter, the commissioner shall require the directors, officers, and employees to take an…
La. Rev. Stat. § 6:1307 Recordkeeping and retention of records by a savings bank
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§1307. Recordkeeping and retention of records by a savings bank A. Each savings bank is required to maintain appropriate books and records as required by the commissioner and in accordance with generally accepted accounting principles and requirements of its insurer of accounts. …
La. Rev. Stat. § 6:1308 Disclosure of examination reports and other reports
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§1308. Disclosure of examination reports and other reports A. The commissioner may disclose information gathered by examination and through reports from a savings bank in accordance with R.S. 6:103. B. The commissioner may promulgate regulations to allow disclosure to other than …
La. Rev. Stat. § 6:1309 Examination of data processing centers
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§1309. Examination of data processing centers The commissioner may examine any data processing center that provides data processing or related services to a savings bank with the same frequency as the savings bank served. Acts 1990, No. 816, §1, eff. Sept. 1, 1990.
La. Rev. Stat. § 6:131 Applicability
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§131. Applicability This Part applies to the decision of the commissioner to: A. Grant a certificate of authority for: (1) The organization of a bank or savings and loan association. (2) The opening of a branch of an existing bank, trust company, or savings and loan association. …
La. Rev. Stat. § 6:1310 Annual directors' examinations
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§1310. Annual directors' examinations The commissioner shall require at least once in each year that each savings bank cause its books, records, and accounts to be examined in accordance with a regulation promulgated by the commissioner. Acts 1990, No. 816, §1, eff. Sept. 1, 1990…
La. Rev. Stat. § 6:1311 Unsafe and unsound; orders of prohibition and removal
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§1311. Unsafe and unsound; orders of prohibition and removal A. The violation of any of the following provisions of this Part is deemed to be an unsafe and unsound practice and creates an unsafe and unsound condition in the savings bank. The savings bank or the institution-affili…
La. Rev. Stat. § 6:1312 Cease and desist proceedings
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§1312. Cease and desist proceedings A. If, in the opinion of the commissioner, or in the opinion of any federal banking agency which provides complete and documented evidence to the commissioner, an officer, director, or controlling stockholder of a savings bank operating under t…
La. Rev. Stat. § 6:1313 Procedure upon the impairment of capital
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§1313. Procedure upon the impairment of capital A. If the commissioner finds from a report of examination or such other required report of a savings bank that the capital is impaired, he shall, in his discretion, institute whichever of the following procedures is appropriate: (1)…
La. Rev. Stat. § 6:1314 Administrative review
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§1314. Administrative review Any person affected by a decision of the commissioner may have such decisions reviewed only under and in accordance with the Administrative Procedure Act, and only if such person files with the commissioner, within ten days of receipt or service of a …
La. Rev. Stat. § 6:132 Written decision; reasons; hearing
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§132. Written decision; reasons; hearing A. A decision of the commissioner shall be in writing and mailed to the applicant and to any other person who had requested a copy thereof. B. The commissioner may, in his sole discretion, assign written reasons for his decision which shal…
La. Rev. Stat. § 6:1321 Conservatorships of savings banks
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§1321. Conservatorships of savings banks The commissioner in his sole discretion may take custody of, and appoint a conservator for, the property, liabilities, books, records, business, and assets of every kind and character of any savings bank in accordance with the provisions o…
La. Rev. Stat. § 6:1322 Involuntary liquidation procedures
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§1322. Involuntary liquidation procedures The commissioner, upon his appointment as conservator, may determine to liquidate a state savings bank and appoint a receiver in accordance with the provisions of R.S. 6:391 et seq. Acts 1990, No. 816, §1, eff. Sept. 1, 1990.
La. Rev. Stat. § 6:133 Reconsideration of decision
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§133. Reconsideration of decision A. A person aggrieved by a decision of the commissioner may file an application for reconsideration by the commissioner. An application for reconsideration must be received by the commissioner within fifteen days of his mailing of the original de…
La. Rev. Stat. § 6:1331 Affirmative action to correct conditions resulting from violations of law, regulations, orders, or from practices
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§1331. Affirmative action to correct conditions resulting from violations of law, regulations, orders, or from practices The commissioner is hereby granted authority to issue orders under this Chapter, which orders shall require a savings bank or an institution-affiliated party t…
La. Rev. Stat. § 6:1332 Cease and desist; books and records
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§1332. Cease and desist; books and records A. If the notice of charges and orders referred to in R.S. 6:1331 specifies that the books and records of a savings bank are so incomplete and inaccurate that the commissioner is unable to determine the financial condition of the savings…
La. Rev. Stat. § 6:1333 Removal and prohibition authority
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§1333. Removal and prohibition authority A. In addition to other provisions of this Chapter concerning officers and directors, the commissioner may remove from any savings bank operating under this Chapter any officer, director, employee, or agent of such a savings bank if he fin…
La. Rev. Stat. § 6:1334 Industry-wide prohibition
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§1334. Industry-wide prohibition A. In general, except as provided in regulations by the commissioner, any person who has been removed or suspended from office in a savings bank operating under this Chapter or prohibited from participating in the conduct of the affairs of a savin…
La. Rev. Stat. § 6:1335 Institution-affiliated party
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§1335. Institution-affiliated party As used in this Chapter, the term "institution-affiliated party" means: (1) A director, officer, employee, agent, or controlling stockholder of a savings bank operating under this Chapter. (2) A person who has filed or is required to file a cha…
La. Rev. Stat. § 6:1336 Civil money penalties
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§1336. Civil money penalties A. The commissioner may assess and the savings bank in question shall pay to the commissioner a civil money penalty of not more than one thousand dollars for each day during which the violation continues, beginning upon the day the violation first occ…
La. Rev. Stat. § 6:1337 Effect of termination or resignation of an institution-affiliated party
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§1337. Effect of termination or resignation of an institution-affiliated party The resignation, termination of employment, or separation of an institution-affiliated party from the savings bank affected by such party's activities, shall not affect the jurisdiction and authority o…
La. Rev. Stat. § 6:1338 Unauthorized participation by convicted individual
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§1338. Unauthorized participation by convicted individual A.(1) Any person who has been convicted of any criminal offense involving dishonesty or a breach of trust shall not participate, directly or indirectly, in any manner in the conduct of the affairs of a savings bank, except…
La. Rev. Stat. § 6:1339 Perjury; false statements
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§1339. Perjury; false statements A. Any person who knowingly makes, causes, or allows someone else to cause to be made or to make a false statement, under the oath required by this Chapter, on any report or statement required by the commissioner, or to the commissioner, shall be …
La. Rev. Stat. § 6:134 Judicial review; venue; effect
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§134. Judicial review; venue; effect A. A person aggrieved by a decision of the commissioner after the commissioner's decision upon reconsideration, may petition the court for judicial review of the decision. B. The petition for judicial review must be filed within thirty days of…
La. Rev. Stat. § 6:1340 False advertising
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§1340. False advertising A. No savings bank shall issue, publish, or cause or permit to be issued or published, any advertisement which, in part or taken as a whole, is in any way false or misleading. B. The commissioner may require any association to file a true copy of the text…
La. Rev. Stat. § 6:1341 Prohibitive practices; additional
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§1341. Prohibitive practices; additional In addition to the provisions contained in R.S. 6:1337, 6:1338, 6:1339, and 6:1340, all of the provisions contained in Chapter 4 of this Title shall be applicable to all savings banks chartered under this Chapter as of September 1, 1990. A…
La. Rev. Stat. § 6:135 Record filed with court
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§135. Record filed with court A. Within thirty days of service of the suit upon the commissioner, he shall file a copy of the record of the application and reconsideration, certified by him, with the court. B. The record shall be confidential and for the in camera review of the c…
La. Rev. Stat. § 6:1351 Professional responsibility
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§1351. Professional responsibility Unless otherwise agreed in writing, attorneys licensed to practice law in this state and their law firms and licensed certified public accountants and their firms, while acting in the course and scope of providing legal, accounting, auditing, co…
La. Rev. Stat. § 6:1352 Professional liability
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§1352. Professional liability A. An attorney or licensed certified public accountant providing legal, accounting, auditing, consulting, or other professional services to a federally insured financial institution shall only be liable for actions or inactions based upon traditional…
La. Rev. Stat. § 6:1353 Officers and directors
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§1353. Officers and directors Attorneys or licensed certified public accountants serving as officers or directors, or both, of federally insured financial institutions while acting in that capacity are held to the same standard of fiduciary responsibility and liability as other n…
La. Rev. Stat. § 6:1354 Imposition of greater standards; liability
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§1354. Imposition of greater standards; liability Any person who unsuccessfully attempts to impose a greater standard of responsibility or liability than that provided by this Chapter shall be liable for attorney fees incurred in the defense of such attempt and for damages, wheth…
La. Rev. Stat. § 6:136 Basis for judicial review
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§136. Basis for judicial review A. The review by the court shall be based solely upon the record. No additional testimony or evidence may be introduced. B. The court may allow oral argument and accept written briefs. Acts 1986, No. 730, §1.
La. Rev. Stat. § 6:1361 Short title
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§1361. Short title This Chapter shall be known and may be cited as the "Automated Teller Machines/Night Depository Customer Safety Act". Acts 1995, No. 588, §1, eff. July 1, 1996.
La. Rev. Stat. § 6:1362 Intent; scope; effect
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§1362. Intent; scope; effect A. It is the intent of the legislature in enacting this Chapter to enhance the safety of persons using automated teller machines and night depositories in Louisiana without discouraging the location of such facilities in places that are convenient to …
La. Rev. Stat. § 6:1363 Definitions
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§1363. Definitions As used in this Chapter, the following terms shall have the meanings specified in this Section: (1) "Access area" means an outdoor area which is in the control of an operator and which is within a fifty-foot radius of an access facility. In the event that an ac…
La. Rev. Stat. § 6:1364 Compliance required
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§1364. Compliance required A. Each operator shall substantially comply with the provisions of R.S. 6:1365 through 1367 and shall also adopt procedures for the periodic evaluation of access facilities and access areas in his control. However, compliance shall create no duty to rel…
La. Rev. Stat. § 6:1365 Lighting standards
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§1365. Lighting standards The operator of an access facility shall provide lighting during hours of darkness in an access area in his control by meeting both of the following standards during such hours: (1) There shall be a minimum of ten footcandles at the face of the access fa…
La. Rev. Stat. § 6:1366 Landscape and vegetation standards
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§1366. Landscape and vegetation standards The operator of an access facility shall provide in an access area in his control for landscaping which promotes reasonable visibility of persons within such area by meeting each of the following standards: (1) No bushes or shrubbery exce…
La. Rev. Stat. § 6:1367 Notice of customer safety information
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§1367. Notice of customer safety information An operator shall provide to its customers a notice containing information on basic safety precautions to be employed while using access facilities. Such information shall be furnished by personally delivering or by mailing such notice…
La. Rev. Stat. § 6:137 Judicial review; test; burden
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§137. Judicial review; test; burden A. The review by the court shall be limited to whether the decision of the commissioner was arbitrary, capricious, or an abuse of discretion. B. The petitioner shall bear the burden of proof. Acts 1986, No. 730, §1.
La. Rev. Stat. § 6:1371 Legislative intent
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§1371. Legislative intent It is the intent of the legislature in enacting this Chapter to allow covered financial institutions the discretion to take actions to assist in detecting and preventing financial exploitation without liability. The legislature recognizes that covered fi…
La. Rev. Stat. § 6:1372 Definitions
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§1372. Definitions As used in this Chapter, the following terms and phrases have the meanings hereinafter ascribed to them: (1) "Adult protection agency" has the same meaning as defined in R.S. 15:1503. (2) "Covered agency" means any of the following: (a) Any federal, state, or l…
La. Rev. Stat. § 6:1373 Notices
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§1373. Notices A. A covered financial institution may notify any covered agency if the covered financial institution believes that the financial exploitation of an eligible adult is occurring, has or may have occurred, or is being attempted, or has been, or may have been attempte…
La. Rev. Stat. § 6:1374 Delaying financial transactions
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§1374. Delaying financial transactions A. A covered financial institution may, but is not required to, delay completion or execution of a financial transaction involving an account of an eligible adult, an account on which an eligible adult is a beneficiary, or an account of a pe…
La. Rev. Stat. § 6:1375 Applicability of other laws
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§1375. Applicability of other laws Notwithstanding the provisions of R.S. 6:333 or any other law to the contrary, a covered financial institution may act in accordance with the provisions of this Chapter. Acts 2018, No. 434, §1, eff. October 1, 2018.
La. Rev. Stat. § 6:1376 Immunity
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§1376. Immunity A.(1) A covered financial institution and its directors, officers, employees, attorneys, accountants, agents, and other representatives shall have no duty to act pursuant to this Chapter or otherwise to protect an eligible adult from financial exploitation by a th…
La. Rev. Stat. § 6:138 Remand to the commissioner
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§138. Remand to the commissioner Upon review, if the court finds the decision of the commissioner to be arbitrary, capricious, or an abuse of discretion, it shall remand the proceedings to the commissioner for action consistent with the court's orders. Acts 1986, No. 730, §1.