A. If, in the opinion of the Commission, an association is unlawfully or unsoundly exercising, or has unlawfully or unsoundly exercised, or has failed for a period of five consecutive years to exercise, the powers granted by this chapter, or otherwise fails or has failed to comply with the requirements of this chapter, the Commission may issue and serve upon the association a notice of intent to revoke the authority of the association to exercise the powers granted by this chapter. The notice shall contain a statement of the facts constituting the alleged unlawful or unsound exercise of powers, or failure to exercise powers, or failure to comply, and shall fix a time and place at which a hearing will be held before the Commission to determine whether an order revoking authority to exercise such powers should issue against the association.
B. Such hearing shall be conducted in accordance with the Commission's Rules, and shall be fixed for a date not earlier than 30 days and not later than 60 days after the service of such notice, unless an earlier or later date is set by the Commission at the request of the association so served.
C. Unless the association so served shall appear by a duly authorized representative, it shall be deemed to have consented to the issuance of the revocation order. In the event of such consent or if, upon the record made at any such hearing, the Commission shall find that any allegation specified in the notice of charges has been established, the Commission shall issue and serve upon the association an order prohibiting it from accepting any new or additional trust accounts and revoking authority to exercise any and all powers granted by this chapter, except that such order shall permit the association to continue to service all previously accepted trust accounts pending their expeditious divestiture or termination.
D. A revocation order shall become effective not later than the expiration of 30 days after service of such order upon the association and shall remain effective and enforceable, except to such extent as it is stayed, modified, terminated, or set aside by action of the Commission or a reviewing court. In the case of a revocation order issued upon the consent of an association, such order shall become effective at the time specified therein.
1984, c. 303, § 6.1-195.95; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 10 - Entities Conducting Trust Business
§ 6.2-1001. Entities authorized to engage in trust business
§ 6.2-1002. Powers of trust institutions
§ 6.2-1003. When security not required; payment of probate taxes and fees
§ 6.2-1004. Who may take oath for corporate fiduciary
§ 6.2-1005. Deposit or other use of trust funds
§ 6.2-1006. Custody of trust securities to be kept separate; federal securities and obligations
§ 6.2-1007. Investment of trust funds
§ 6.2-1008. Dealings with self or affiliates
§ 6.2-1009. Common trust and collective investment funds
§ 6.2-1010. Holding stock or other securities as fiduciary
§ 6.2-1011. Voting of bank shares held by trust institution as fiduciary; when disqualified
§ 6.2-1012. Suspension or prohibition of trust institutions
§ 6.2-1014. Certificate required
§ 6.2-1015. Application for certificate; fee
§ 6.2-1017. Procedure for granting or denying certificate
§ 6.2-1018. Minimum capital; state of incorporation; form of entity
§ 6.2-1019. Issuance of shares; subscriptions to stock; stock option plans
§ 6.2-1020. Certain transactions by affiliated trust companies prohibited
§ 6.2-1021. Commissions or fees for sale of stock not permitted
§ 6.2-1022. Reacquisition of shares; dividends
§ 6.2-1023. Acquisition of stock; application
§ 6.2-1024. Restrictions on control, officers and directors
§ 6.2-1025. Report to Commission of election of director
§ 6.2-1026. Removal of director or officer; appeals; penalty
§ 6.2-1027. Bonds required of officers and employees; blanket bond
§ 6.2-1030. Discount by officer, director, or employee of refused paper
§ 6.2-1032. Investigations; examinations
§ 6.2-1036. Commission's remedial powers
§ 6.2-1037. Effect of surrender or revocation of certificate
§ 6.2-1038. Appointment of receiver
§ 6.2-1040. Unlawful use of terms indicating that business is trust company; penalty
§ 6.2-1041. Civil penalties for failure to comply with § 62-1031 or 62-1032
§ 6.2-1042. Making derogatory statements affecting trust companies; penalty
§ 6.2-1043. Use of trust company name, logo, or symbol for marketing purposes; penalty
§ 6.2-1044. Offenses by officer, director, agent or employee of trust company; penalties
§ 6.2-1046. Civil penalties for violation of Commission's orders
§ 6.2-1048. Organization of subsidiary trust companies
§ 6.2-1049. Permissible business
§ 6.2-1051. Report to Commission of election of director
§ 6.2-1052. Removal of director or officer; appeals; penalty
§ 6.2-1053. Bonds required of officers and employees; blanket bond
§ 6.2-1054. Certificate required
§ 6.2-1056. When security not required of trust subsidiaries
§ 6.2-1057. Deposits held or received by trust subsidiaries or subsidiary bank with affiliate banks
§ 6.2-1058. Substitution of trust subsidiary as fiduciary
§ 6.2-1059. Substitution of subsidiary bank as fiduciary
§ 6.2-1060. Trust subsidiaries to have same powers and restrictions as bank trust departments
§ 6.2-1061. Reports; investigations and examinations; civil penalties
§ 6.2-1062. Offenses by officer, director, agent or employee of trust subsidiary; penalties
§ 6.2-1064. Civil penalties for violation of Commission's orders
§ 6.2-1066. Interstate trust offices by Virginia state banks
§ 6.2-1067. Trust business of out-of-state trust institution
§ 6.2-1069. Filing requirements
§ 6.2-1070. Conditions for approval
§ 6.2-1071. Examinations; periodic reports; cooperative agreements; assessment of fees
§ 6.2-1075. Organization; minimum capital; notice to Bureau; control
§ 6.2-1076. Operation and powers
§ 6.2-1077. Reacquisition of shares or interests; dividends
§ 6.2-1079. Directors or managers
§ 6.2-1080. Limitation on powers
§ 6.2-1082. Applications for permission to offer trust services
§ 6.2-1085. When security not required
§ 6.2-1086. Association's operation and supervision of trust department
§ 6.2-1087. Books and accounts
§ 6.2-1088. Investment of funds and assets held as fiduciary
§ 6.2-1089. Funds awaiting investment or distribution
§ 6.2-1090. Dealings with self or affiliates
§ 6.2-1092. Transactions between trust accounts
§ 6.2-1093. Custody of assets and investments held in trust
§ 6.2-1094. Establishment of common trust funds and collective investment funds; court accountings
§ 6.2-1095. Compensation of association acting as fiduciary
§ 6.2-1096. Surrender of trust powers by association