Sec. 6. (a) If the director determines that an alleged practice, a violation, or an act specified in a notice served under this chapter is likely to:
(1) cause insolvency of the financial institution;
(2) cause substantial dissipation of assets or earnings of the financial institution; or
(3) otherwise seriously prejudice the interests of the depositors of the financial institution;
the director may issue a temporary order without a hearing.
(b) A temporary order may:
(1) require the financial institution to cease and desist from the practice or violation;
(2) require the financial institution to take affirmative action to correct the conditions resulting from the practice or violation; or
(3) suspend or prohibit a director, an officer, or an employee from participating in the conduct of the affairs of the financial institution.
(c) A temporary order is effective upon service and remains effective and enforceable until the earliest of the following:
(1) The issuance of an injunction by a court under subsection (d).
(2) The dismissal of the charges by the department.
(3) The effective date of a final order under section 7 of this chapter.
(d) A financial institution served with a temporary order under this section may apply to a court having jurisdiction for an injunction to stay, modify, or vacate the order.
As added by P.L.33-1991, SEC.56. Amended by P.L.258-2003, SEC.22; P.L.35-2010, SEC.200.
Structure Indiana Code
Title 28. Financial Institutions
Article 11. Department of Financial Institutions
Chapter 4. Enforcement Powers of the Department
28-11-4-1. Application of Ic 4-21.5
28-11-4-5. Consent to a Final Order
28-11-4-7. Final Order; Remedies; Consent Presumed; Confidentiality
28-11-4-8. Final Order; Time in Effect
28-11-4-10. Enforcement of Orders, Agreements, and Conditions
28-11-4-11. Persons Suspended or Prohibited From Participation
28-11-4-12. Enforcement Powers Exercised Against Affiliate of Financial Institution