If the commissioner receives notice from the United States or any agency or instrumentality thereof having authority to issue cease and desist, removal or suspension orders to state-chartered banks supervised by the department, of its intention to issue any such cease and desist, removal or suspension order to any state-chartered bank, then the commissioner is hereby authorized and empowered to investigate the act, cause or basis asserted for the issuance of such proposed order.
If such investigation shall disclose, in the opinion and judgment of the commissioner, that the act, cause or basis complained of has occurred, and that it is detrimental to the safety and welfare of the depositors or stockholders of the bank and contrary to the public interest, and if the act, cause or basis complained of shall not be remedied immediately, then the commissioner may give notice to the board of directors of the bank of the charges together with his concurrence or exceptions thereto and the remedies for the same. Failure of the board of directors to comply with the requirements of the commissioner within thirty (30) days from the date of notice shall render the board of directors in default thereupon. Thereafter the commissioner may remove any officer, director or other person responsible for the noncompliance, or he may notify the appropriate federal agency or instrumentality to proceed under the federal statute or regulation.
Structure Mississippi Code
Title 81 - Banks and Financial Institutions
Chapter 1 - Department of Banking and Consumer Finance
§ 81-1-59. Department of banking and consumer finance
§ 81-1-61. Commissioner of Banking and Consumer Finance; qualifications; term of office; vacancies
§ 81-1-63. Deputy commissioner; duties; qualifications; dismissal
§ 81-1-67. Oath of office and bond
§ 81-1-69. Salaries of commissioner and deputy commissioner
§ 81-1-71. Reimbursement of travel expenses; annual audit
§ 81-1-75. Furniture, fixtures, equipment and department expenses
§ 81-1-79. Attorney general as legal adviser; special counsel
§ 81-1-83. Powers and duties of officer making examination
§ 81-1-85. Witnesses' attendance may be compelled; penalty for false statements
§ 81-1-87. Testimony to be taken by stenographer; compensation of stenographer
§ 81-1-91. Past due paper; certain items to be charged off
§ 81-1-93. Special examinations and special services; cost and expenses
§ 81-1-95. New statement may be ordered after finding of material changes or errors
§ 81-1-97. Call reports by banks; attestation
§ 81-1-101. False statement of bank official; penalty
§ 81-1-105. Injunction against commissioner by bank
§ 81-1-107. Assessment against banks for maintenance fund
§ 81-1-109. Disbursements from department maintenance fund
§ 81-1-111. Forms and record books to be supplied
§ 81-1-113. Annual report to legislature
§ 81-1-117. Transfer of functions
§ 81-1-125. Commissioner to issue orders for supervisory control with regard to banks
§ 81-1-129. Appeal of cease and desist order
§ 81-1-131. Fines and penalties; reimbursement