Arkansas Code
Chapter 51 - Arkansas Trust Institutions Act
§ 23-51-188. Administrative orders — Penalties for violation

(a) In addition to any other powers conferred by this chapter, the Bank Commissioner shall have the power to:
(1) Order any authorized trust institution, or subsidiary thereof, or any director, officer, or employee to cease and desist violating any provision of this chapter or any lawful rule issued thereunder;
(2) Order any authorized trust institution, or subsidiary thereof, or any director, officer, or employee to cease and desist from a course of conduct that is unsafe or unsound and which is likely to cause insolvency or dissipation of assets or is likely to jeopardize or otherwise seriously prejudice the interests of the public in their relationship with the authorized trust institution;
(3) Order any company to cease engaging in an unauthorized trust activity;
(4) Enter any order pursuant to § 23-51-182.

(b) The commissioner may impose a civil money penalty of not more than one thousand dollars ($1,000) for each violation by any authorized trust institution, or subsidiary thereof, or any director, officer, or employee of an order issued under subdivision (a)(1) of this section. Provided further, the commissioner may impose a civil money penalty of not more than five hundred dollars ($500) per day for each day that an authorized trust institution, or subsidiary thereof, or any director, officer, or employee violates a cease and desist order issued under subdivision (a)(2) or subdivision (a)(3) of this section.

Structure Arkansas Code

Arkansas Code

Title 23 - Public Utilities and Regulated Industries

Subtitle 2 - Financial Institutions And Securities

Chapter 51 - Arkansas Trust Institutions Act

§ 23-51-101. Title

§ 23-51-102. Certain definitions

§ 23-51-103. Rules

§ 23-51-104. Organization and powers of state trust company

§ 23-51-105. Articles of association of state trust company

§ 23-51-106. Application for state trust company charter

§ 23-51-107. Notice and investigation of charter application

§ 23-51-108. Hearing and decision on charter application

§ 23-51-109. Issuance of charter

§ 23-51-110. Required capital

§ 23-51-111. Application of laws relating to general business corporations

§ 23-51-112. Commissioner hearings — Appeals

§ 23-51-113. Trust companies chartered under prior law

§ 23-51-114. Amendment of state trust company articles of association

§ 23-51-115. Establishing a series of shares

§ 23-51-116. Change in outstanding capital and surplus

§ 23-51-117. Capital notes or debentures

§ 23-51-118. Private trust company

§ 23-51-119. Requirements for a private trust company

§ 23-51-120. Conversion to public trust company

§ 23-51-121. Investment in state trust company facilities — Definition

§ 23-51-122. Other real estate

§ 23-51-123. Securities

§ 23-51-124. Transactions in state trust company shares

§ 23-51-125. Subsidiaries

§ 23-51-126. Mutual funds

§ 23-51-127. Engaging in commerce prohibited

§ 23-51-128. Lending limits

§ 23-51-129. Lease financing transactions

§ 23-51-130. Trust deposit

§ 23-51-131. Common investment funds

§ 23-51-132. Borrowing limit

§ 23-51-133. Pledge of assets

§ 23-51-134. Acquisition of control

§ 23-51-135. Application regarding acquisition of control

§ 23-51-136. Hearing and decision on acquisition of control

§ 23-51-137. Appeal from adverse decision

§ 23-51-138. Objection to other transfer

§ 23-51-139. Civil enforcement — Criminal penalties

§ 23-51-140. Voting securities held by state trust company

§ 23-51-141. Bylaws

§ 23-51-142. Board of directors

§ 23-51-143. Officers

§ 23-51-144. Certain criminal offenses

§ 23-51-145. Transactions with management and affiliates

§ 23-51-146. Fiduciary responsibility

§ 23-51-147. Recordkeeping

§ 23-51-148. Bonding requirements

§ 23-51-149. Reports of apparent crime

§ 23-51-150. Merger authority

§ 23-51-151. Merger application

§ 23-51-152. Approval of commissioner

§ 23-51-153. Rights of dissenters to mergers

§ 23-51-154. Authority to purchase assets of another trust institution

§ 23-51-155. Sale of assets

§ 23-51-156. Required vote of shareholders

§ 23-51-157. Corporate procedure

§ 23-51-158. Authority to liquidate — Publication

§ 23-51-159. Examination and reports

§ 23-51-160. Unclaimed property

§ 23-51-161. Sale or transfer of property

§ 23-51-162. When commissioner may take charge

§ 23-51-163. Directors may act

§ 23-51-164. Application of Arkansas Banking Code of 1997

§ 23-51-165. Companies authorized to act as fiduciaries

§ 23-51-166. Activities not requiring a charter, etc

§ 23-51-167. Trust business of state trust institution

§ 23-51-168. Trust business of out-of-state trust institution

§ 23-51-169. Name of trust institution

§ 23-51-170. Trust business

§ 23-51-171. Branches and offices of state trust institutions

§ 23-51-172. State trust company principal office

§ 23-51-173. Trust office

§ 23-51-174. Out-of-state offices

§ 23-51-175. Trust business at a branch or trust office

§ 23-51-176. Establishing an interstate trust office

§ 23-51-177. Acquiring an interstate trust office

§ 23-51-178. Requirement of notice

§ 23-51-179. Conditions for approval

§ 23-51-180. Additional trust offices

§ 23-51-181. Examinations — Periodic reports — Cooperative agreements — Assessment of fees

§ 23-51-182. Enforcement

§ 23-51-183. Notice of subsequent merger, closing, etc

§ 23-51-184. Commissioner shall supervise and examine authorized trust institutions

§ 23-51-185. Examinations — Assessments

§ 23-51-186. Statements of condition and income

§ 23-51-187. Confidential records

§ 23-51-188. Administrative orders — Penalties for violation

§ 23-51-189. Notice and opportunity for hearing

§ 23-51-190. Subpoena power and examination under oath

§ 23-51-191. Removal of directors, officers, and employees

§ 23-51-192. Delegation and fiduciary responsibility

§ 23-51-193. Affiliates

§ 23-51-194. Fee determination

§ 23-51-195. Disclosure of potential conflicts of interest

§ 23-51-196. Interests in trust institutions prohibited

§ 23-51-197. Designation of trustee

§ 23-51-198. Choice of law governing trusts

§ 23-51-199. Choice of law governing fiduciary investments