Subdivision 1. Prohibition. No person who is an examiner of financial institutions or other officer of the Department of Commerce directly responsible for the supervision of financial institutions shall be interested, either directly or indirectly, as a stockholder, director, officer, trustee, assignee, employee, or otherwise, in a bank, savings bank, trust company, financial institution, or corporation holding the stock of any such corporation within this state, or which carries on a banking business within this state, either directly or indirectly, or through an affiliated group or chain bank operating within this state. The provisions of this subdivision do not apply to the commissioner of commerce.
Subd. 2. Exceptions. Officers and examiners of the Department of Commerce referred to in subdivision 1 may:
(1) maintain a demand or trust account in any financial institution;
(2) maintain a savings, time or share account in any financial institution;
(3) transact business with any national bank, federally chartered savings association or federally chartered credit union;
(4) transact business with any financial institution or licensee subject to the examination by the commissioner of commerce to the extent the transaction is on the same terms, conditions and to the same extent available to all other customers of the financial institution or licensee.
Subd. 3. Loans and credit advances. The exceptions created in subdivision 2 do not include a loan or advance of credit from a financial institution or licensee subject to examination by the commissioner of commerce. A transaction not specifically exempt by subdivision 2, clauses (1) to (3), is subject to disclosure to the commissioner of commerce upon request to determine if a conflict of interest exists or interest contemplated by subdivision 1.
Subd. 4. Application. This section applies to those employees, examiners, and officers of the Department of Commerce who are directly responsible for the examination and supervision of financial institutions or licensees.
(5328) 1915 c 164 s 1; 1931 c 43 s 1; 1977 c 272 s 4; 1981 c 31 s 1; 1982 c 473 s 3; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1986 c 444; 1993 c 257 s 5; 1995 c 202 art 1 s 25
Structure Minnesota Statutes
Chapter 46 — General Banking Powers
Section 46.04 — Regulatory Authority Of Commissioner.
Section 46.041 — Bank Applications.
Section 46.042 — Notice And Hearing, When Not Given.
Section 46.044 — Bank Charters.
Section 46.045 — Mandatory Insurance Of Accounts.
Section 46.048 — Notice Of Proposed Acquisition.
Section 46.05 — Supervision Over Financial Institutions.
Section 46.06 — Refusal To Obey Directions Of Commissioner.
Section 46.10 — Penalty For Violation.
Section 46.11 — Examiners' Districts.
Section 46.12 — Reports Of Examiners.
Section 46.131 — Assessments And Fees For Financial Institutions.
Section 46.14 — Examiners' Powers Enlarged.
Section 46.17 — Salary Of Examiner In Charge Of Liquidation.
Section 46.21 — Destruction Of Certain Records.
Section 46.23 — Unsafe Practices; Definitions.
Section 46.24 — Cease And Desist Proceedings; Injunctive Relief.
Section 46.26 — Violations By Directors, Trustees, Or Officers.
Section 46.29 — Board Of Directors Or Trustees, Lack Of Quorum, Temporary Directors Or Trustees.
Section 46.30 — Hearings, Decision; Review, Modification, Termination Or Stay Of Orders.
Section 46.31 — Enforcement Of Notices Or Orders.
Section 46.32 — Violation Of Notice Or Final Order; Criminal Penalty.
Section 46.33 — Manner Of Service; Copies To Federal Authorities; Cease And Desist Orders.
Section 46.34 — Certain Securities Deposited With The Commissioner Of Management And Budget.