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Ohio Statutes, Title 11

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Ohio/Statutes

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Title 11, Title 11. Banks-Savings and Loan Associations

18 chapters · 313 sections in this title.

All chapters in Title 11313 Ch 1109, Chapter 1109 | State Banks - Powers53 Ch 1121, Chapter 1121 | Banks - Superintenden…40 Ch 1112, Chapter 1112 | Ohio Family Trust Com…29 Ch 1111, Chapter 1111 | Trust Companies26 Ch 1125, Chapter 1125 | Banks - Liquidations …26 Ch 1119, Chapter 1119 | Foreign Banks18 Ch 1116, Chapter 1116 | Mutual Holding Companies16 Ch 1113, Chapter 1113 | Stock State Banks - F…15 Ch 1115, Chapter 1115 | Banks - Acquisitions …14 Ch 1181, Chapter 1181 | Division Of Financial…14 Ch 1114, Chapter 1114 | Mutual State Banks13 Ch 1101, Chapter 1101 | Banks - General Provi…8 Ch 1105, Chapter 1105 | Banks - Board Of Dire…8 Ch 1127, Chapter 1127 | Banks - Crimes And Pr…8

313 sections·Filtered byTitle 11✕

Ohio Rev. Code Ann. § 1121.39 Notice served within 6 years of resignation, termination or separation
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The resignation, termination of employment or participation, or separation of a regulated person, including a separation caused by the closing of a bank or trust company, shall not affect the jurisdiction and authority of the superintendent of financial institutions to issue any …
Ohio Rev. Code Ann. § 1121.41 Notice of charges and intent to issue supervision order
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(A) The superintendent of financial institutions may issue and serve a notice of charges and intent to issue an order placing a bank or trust company under supervision and appointing a supervisor for the bank or trust company, if, in the opinion of the superintendent, any of the …
Ohio Rev. Code Ann. § 1121.43 Monthly publication by superintendent of violations
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(A) Except as provided in division (B) of this section, the superintendent of financial institutions shall make available to the public on a monthly basis all of the following:(1) Any written agreement or other writing for which a violation may be enforced by the superintendent;(…
Ohio Rev. Code Ann. § 1121.45 Meeting with regulated persons
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(A) The superintendent of financial institutions may call and convene a meeting with the regulated persons the superintendent determines to be appropriate at a location within this state and at a date and time established by the superintendent upon notice served in accordance wit…

Ohio Rev. Code Ann. § 1121.47 Superintendent - order and subpoena powers

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(A) The superintendent of financial institutions may do both of the following:(1) Summon and compel, by order or subpoena, witnesses to appear before the superintendent, deputy superintendent, examiner, attorney, or such other person designated by the superintendent and testify u…

Ohio Rev. Code Ann. § 1121.48 Suits and court proceedings

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(A) All suits and court proceedings brought by the superintendent of financial institutions shall be brought in the name of the state upon the superintendent's relation, and shall be conducted by the attorney general or a designee of the attorney general.(B) A suit or court proce…

Ohio Rev. Code Ann. § 1121.50 Independent auditor

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(A) As used in this section, "independent auditor" means an external, unaffiliated auditor who has a certified public accounting designation that qualifies the person to provide an auditor's report.(B) The superintendent of financial institutions may, when circumstances warrant, …

Ohio Rev. Code Ann. § 1121.51 Action to secure condition of assets

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(A) The superintendent of financial institutions may do either of the following:(1) If, in the superintendent's judgment, the condition of an asset warrants, require the bank to do any of the following:(a) Establish specific reserves against the asset :(b) Charge the asset down t…

Ohio Rev. Code Ann. § 1121.52 Undercapitalization; capital restoration plan

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(A) If a state bank is undercapitalized, the superintendent of financial institutions shall notify the bank of the fact of the undercapitalization. The superintendent may require the bank to submit a written capital restoration plan to the superintendent within forty-five days af…

Ohio Rev. Code Ann. § 1121.56 Immunity

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Neither the superintendent of financial institutions, any employee, agent, or contractor of the division of financial institutions, or any supervisor appointed by the superintendent under this chapter is liable in any civil, criminal, or administrative proceeding for any mistake …

Ohio Rev. Code Ann. § 1121.61 Bona fide errors

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(A) As used in this section, "bona fide error" means an unintentional clerical, calculation, computer malfunction or programming, or printing error. (B) A state bank, trust company, or regulated person shall not be held civilly liable in any action brought under Title XI or under…

Ohio Rev. Code Ann. § 1123.01 Banking commission

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(A) There is hereby created in the division of financial institutions a banking commission which shall consist of nine members. The deputy superintendent for banks shall be a member of the commission and its chairperson. The governor, with the advice and consent of the senate, sh…

Ohio Rev. Code Ann. § 1123.02 Organization and procedures of banking commission

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(A) The banking commission shall hold regular meetings at the times and places it fixes, and shall meet at any time on call of the deputy superintendent for banks upon two days' notice unless the commission by resolution provides for a shorter notice.(B) A majority of the full co…

Ohio Rev. Code Ann. § 1123.03 Banking commission - duties

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The banking commission shall do all of the following:(A) Make recommendations to the deputy superintendent for banks and the superintendent of financial institutions on the business of banking;(B) Consider and make recommendations on any matter the superintendent or deputy superi…

Ohio Rev. Code Ann. § 1123.04 Immunity of banking commission members

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Neither the deputy superintendent for banks nor any other member of the banking commission is liable, in any civil or criminal action or proceeding, for any mistake of judgment or discretion in any action taken, or in any omission made, by the member in good faith.

Ohio Rev. Code Ann. § 1125.01 Jurisdiction of court

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(A) As used in this chapter, "court" means the court of common pleas of the county in which the principal place of business of a state bank, as set forth in its articles of incorporation, is located or of any other county determined by the superintendent of financial institutions…

Ohio Rev. Code Ann. § 1125.03 Voluntary liquidation

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(A) A state bank may proceed with a voluntary liquidation and be closed only with both the consent of the superintendent of financial institutions and the prior approval of the shareholders or members of the bank by a vote as provided for in its articles of incorporation, if not …

Ohio Rev. Code Ann. § 1125.04 Superintendent's consent to voluntary liquidation

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(A) If the superintendent of financial institutions consents to a voluntary liquidation, the superintendent shall cause a certified copy of the consent to be filed in the office of the secretary of state, and the state bank to be liquidated shall do both of the following:(1) Publ…

Ohio Rev. Code Ann. § 1125.05 Continued supervision of voluntary dissolution

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(A) A voluntary liquidation of a state bank shall be conducted only with the continued supervision of the superintendent of financial institutions. The superintendent may conduct any additional examinations of the bank the superintendent considers necessary or appropriate.(B) If …

Ohio Rev. Code Ann. § 1125.06 Submission of documents after completion of voluntary liquidation

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Upon completion of a voluntary liquidation, the liquidated state bank shall submit to the superintendent of financial institutions all documents required under Chapter 1701. of the Revised Code for a dissolution. The superintendent shall consent to the dissolution, and shall caus…

Ohio Rev. Code Ann. § 1125.09 Conditions necessary for appointment of conservator

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The superintendent of financial institutions may appoint a conservator to take possession of the property and business of a state bank and to retain possession until the bank resumes business or a receiver is appointed, as provided for in this chapter, if the superintendent finds…

Ohio Rev. Code Ann. § 1125.10 Appointment of conservator

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(A) If it appears to the superintendent of financial institutions that any one or more of the conditions set forth in section 1125.09 of the Revised Code exists as to any state bank, the superintendent may appoint a conservator, which appointment may include the superintendent, a…

Ohio Rev. Code Ann. § 1125.11 Filing certified copy of certificate of appointment

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(A) Upon the appointment of a conservator, the superintendent of financial institutions shall file a certified copy of the certificate of appointment in the office of the secretary of state, and thereafter no person shall obtain a lien or charge upon any assets of the state bank …

Ohio Rev. Code Ann. § 1125.12 Powers of conservator

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(A) A conservator, under the supervision of the superintendent of financial institutions and subject to any limitations imposed by the superintendent, shall have all of the following powers:(1) To take possession of all books, records of account, and assets of the state bank;(2) …

Ohio Rev. Code Ann. § 1125.13 Conduct of business during conservatorship

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During the period of the conservatorship, all of the following apply:(A) The conservator may permit the state bank to continue to conduct its usual business, including the acceptance of deposits.(B) The obligations of the state bank shall continue to bear interest at the rate con…

Ohio Rev. Code Ann. § 1125.14 Recommendation of conservator

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(A) The conservator shall evaluate the business and assets of the state bank and, after conducting whatever investigations the circumstances may require, shall recommend to the superintendent of financial institutions that either the conservatorship of the bank be terminated or t…

Ohio Rev. Code Ann. § 1125.17 Full and exclusive powers and procedures for liquidation of banks

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This chapter provides the full and exclusive powers and procedures for the liquidation of state banks under the laws of this state, and no receiver or other liquidating agent shall be appointed for that purpose except as expressly provided in this chapter.

Ohio Rev. Code Ann. § 1125.18 Conditions necessary for taking possession of state bank property and business

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The superintendent of financial institutions may take possession of the property and business of a state bank if the superintendent finds any one or more of the following conditions:(A) The bank is in an unsafe or unsound condition to continue the business of banking.(B) The bank…

Ohio Rev. Code Ann. § 1125.19 Filing certified copy of certificate of appointment

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(A) Upon issuing a written finding that any one or more of the conditions set forth in section 1125.18 of the Revised Code for taking possession of a state bank exists and taking possession of the state bank, the superintendent of financial institutions shall file a certified cop…

Ohio Rev. Code Ann. § 1125.20 Appointment as receiver to federal deposit insurance corporation

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(A) If it appears to the superintendent of financial institutions that any one or more of the conditions set forth in section 1125.18 of the Revised Code exists as to any state bank, the superintendent shall tender appointment as receiver to the federal deposit insurance corporat…

Ohio Rev. Code Ann. § 1125.21 Title vested in receiver

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Upon the superintendent of financial institutions' appointment of a receiver, title to all of the state bank's assets shall vest in the receiver without the execution of any instrument of conveyance, assignment, transfer, or endorsement.

Ohio Rev. Code Ann. § 1125.22 Powers of receiver

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(A) A receiver shall have all of the following powers:(1) To take possession of all books, records of account, and assets of the state bank;(2) To collect all debts, claims, and judgments belonging to the bank and to take any other action, including the lending of money, necessar…

Ohio Rev. Code Ann. § 1125.23 Presenting and disposing of claims

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(A) The receiver shall promptly cause notice of the claims procedure to be published, in print or in a comparable electronic format, once a month for two consecutive months in a local newspaper of general circulation and to be mailed to each person whose name appears as a credito…

Ohio Rev. Code Ann. § 1125.24 Paying claims

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(A) All claims against the state bank's estate and expenses, proved to the receiver's satisfaction or approved by the court, shall be paid in the following order:(1) Expenses of liquidation and receivership, including money borrowed under authority of division (A)(6) of section 1…

Ohio Rev. Code Ann. § 1125.25 Election to reject or ratify and assign executory contract

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(A) Within one hundred days after the date of the closing of a state bank, a receiver may reject any executory contract to which the bank is a party without any further liability on the part of the bank or the receiver. The receiver's election to reject an executory contract crea…

Ohio Rev. Code Ann. § 1125.26 Subrogation rights of federal deposit insurance corporation

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Whenever the federal deposit insurance corporation pays or makes available for payment the insured deposit liabilities of a state bank, the federal deposit insurance corporation, whether or not it acts as receiver, shall be subrogated to the extent of the payments to all rights o…

Ohio Rev. Code Ann. § 1125.27 Receiver may appoint successor

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(A) The receiver may appoint a successor to all rights, obligations, assets, deposits, agreements, and trusts held by the closed state bank as trustee, administrator, executor, guardian, agent, or in any other fiduciary or representative capacity. The successor's duties and oblig…

Ohio Rev. Code Ann. § 1125.28 Filing operates as automatic stay

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(A) The filing with the court of the finding of the superintendent of financial institutions or the certificate of appointment of the receiver, whichever occurs first, operates as an automatic stay from the date of the filing, subject to the court granting a motion for relief fro…

Ohio Rev. Code Ann. § 1125.29 Order declaring bank properly wound up and dissolved

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(A) When a receiver has completed the liquidation of a state bank, the receiver shall, with notice to the superintendent of financial institutions, petition the court for an order declaring the bank properly wound up and dissolved.(B) After whatever notice and hearing, if any, th…

Ohio Rev. Code Ann. § 1125.30 Receiver may destroy records

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Subject to the approval of the court, the receiver may destroy the records of the state bank in accordance with section 1109.69 of the Revised Code after the receiver determines there is no further need for them. However, the receiver shall not destroy the records earlier than si…

Ohio Rev. Code Ann. § 1125.33 Damages; immunity

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(A) No damages may be awarded in a proceeding brought pursuant to this chapter challenging any action by the superintendent of financial institutions, special deputy superintendent, receiver, or conservator, or any employee of any of them, or any person retained for services unde…

Ohio Rev. Code Ann. § 1127.01 Actions by a regulated person constituting criminal offense

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(A) For purposes of this section and sections 1127.02 and 1127.03 of the Revised Code, "regulated person" has the same meaning as in section 1121.01 of the Revised Code.(B) Any of the following actions by a regulated person may constitute a violation of section 1127.08 of the Rev…

Ohio Rev. Code Ann. § 1127.02 Insolvent bank receiving deposit

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No regulated person shall receive, or permit to be received, money, checks, drafts, or other property as a deposit in a bank, when the regulated person knows the bank is insolvent.

Ohio Rev. Code Ann. § 1127.03 Unlawful fees for procuring bank or trust company services

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(A) No regulated person shall, except as provided by law, stipulate for or receive any fee, commission, gift, or thing of value from any person for procuring or endeavoring to procure for that person, or for any other person, any loan, extension or renewal of a loan, or substitut…

Ohio Rev. Code Ann. § 1127.06 Violation of superintendent of financial institutions order

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No person subject to an order issued by the superintendent of financial institutions under section 1121.33 or 1121.34 of the Revised Code shall knowingly participate, directly or indirectly, in any manner, including by engaging in an activity specifically prohibited in the order,…

Ohio Rev. Code Ann. § 1127.08 False, misleading, forged, or counterfeit documents

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No person, for the purpose of influencing in any manner the actions or decisions of the superintendent of financial institutions in the superintendent's capacity as chief executive officer of the division of financial institutions, shall knowingly make or provide to the superinte…

Ohio Rev. Code Ann. § 1127.09 False or misleading communications

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No person shall knowingly make, publish, or otherwise communicate any statement, report, information, or data relating to the financial or other condition of any bank or trust company that the person knows to be false or misleading.

Ohio Rev. Code Ann. § 1127.11 Concealing assets

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No person shall knowingly do any of the following:(A) Conceal or attempt to conceal an asset or property from a conservator, receiver, or liquidating agent appointed by the superintendent of financial institutions with respect to any asset acquired or liability assumed by the con…

Ohio Rev. Code Ann. § 1127.99 Penalty

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(A) Whoever violates section 1127.06, 1127.08, or 1127.11 of the Revised Code is guilty of a felony of the third degree.(B) Whoever violates section 1127.02 or 1127.03 of the Revised Code is guilty of a felony of the fourth degree.(C) Whoever violates section 1127.09 of the Revis…

Ohio Rev. Code Ann. § 1181.01 Superintendent is chief executive officer; qualifications; appointment of deputy superintendents

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The superintendent of financial institutions shall be the chief executive officer of the division of financial institutions.(A) The superintendent shall have at least five years of experience in the financial services industry or in the examination or regulation of financial inst…