Mississippi Code
Chapter 12 - Savings Associations Law
§ 81-12-37. Capital stock association; minimum required capital; paid-in surplus; determining and maintaining adequate net worth

A capital stock association shall be organized in accordance with this section. The incorporators shall appoint one (1) of their number as chairman of the incorporators. The capital of a capital stock association shall be the sum of the par value of all shares of voting capital stock. The minimum required capital shall be: (a) in municipalities having not more than twenty-five thousand (25,000) inhabitants, the minimum sum of Five Hundred Thousand Dollars ($500,000.00); (b) in municipalities having more than twenty-five thousand (25,000), but not more than one hundred thousand (100,000) inhabitants, the minimum sum of One Million Dollars ($1,000,000.00); (c) in municipalities having more than one hundred thousand (100,000) inhabitants, the minimum sum of One Million Five Hundred Thousand Dollars ($1,500,000.00). The population of the municipality shall be determined by the commissioner based upon the latest federal census. No commissions, fees or other remuneration shall be paid for the sale of shares of capital stock necessary to meet the minimum capital and paid-in surplus requirements of this section. No incentive stock shall be issued. All stock shall be sold at not less than par value.
In addition to the minimum capital required above, the subscribers shall pay an additional amount equal to not less than twenty-five percent (25%) of the par value of the stock subscribed, which shall be credited to paid-in surplus and may be used to offset losses from operations. Such minimum capital and surplus may be used for the reserves required by law as may be permitted by the board.
After organization or conversion, each capital stock association shall maintain an adequate net worth appropriate for the conduct of its business and the protection of its savings account holders. The net worth adequacy of a capital stock association shall be determined by the commissioner on a regular basis but not less than one (1) time per year after evaluating the character of management, the liquidity or quality of assets, history of earnings and the retention thereof, the potential volatility of the deposit structure, and the association's capacity to furnish the broadest service to the public. A written report of such finding and determination shall be made and filed. Such report shall include actions recommended to be taken. A copy of such report shall be sent to each member of the board and considered by the board at its next meeting.

Structure Mississippi Code

Mississippi Code

Title 81 - Banks and Financial Institutions

Chapter 12 - Savings Associations Law

§ 81-12-1. Citation of chapter

§ 81-12-3. Definitions

§ 81-12-4. Private corporation laws; application to savings and loan associations

§ 81-12-6. Department of Savings Institutions and Savings Institution Board abolished; transfer of powers, duties, etc. to other agencies

§ 81-12-7. Rights, powers, privileges and duties of board

§ 81-12-9. Determinations of commissioner final; judicial review

§ 81-12-11. Duties of department

§ 81-12-25. Incorporation; petition; fee; articles; bylaws; exhibits

§ 81-12-27. Incorporation; examination and investigation of petition

§ 81-12-31. Incorporation; meeting of board to consider petition; cross-examination of and compelling attendance of witnesses; disposition of petition

§ 81-12-37. Capital stock association; minimum required capital; paid-in surplus; determining and maintaining adequate net worth

§ 81-12-45. Forfeiture of corporate existence; new corporations; extension of time within which to commence business

§ 81-12-49. Powers of associations

§ 81-12-51. Additional powers of capital stock associations

§ 81-12-53. Conversion of association organized under state law into federal association

§ 81-12-55. Conversion of federal association into association organized under state law

§ 81-12-57. Conversion of association organized under state law or of federal association into capital stock association

§ 81-12-59. Conversion of association organized under state law or of federal association into capital stock association; hearing on plan of conversion; notice; costs

§ 81-12-63. Conversion prohibited; exceptions

§ 81-12-65. Reorganization, merger and consolidation of associations

§ 81-12-75. Membership fees prohibited

§ 81-12-79. Call reports

§ 81-12-83. Board of directors to manage business and exercise powers of capital stock association; election of members; term of office; qualifications; oath; vacancies

§ 81-12-85. Bonding of association's officers, attorneys, employees, agents and directors

§ 81-12-87. Fiduciary relationship of directors and officers; disclosure of personal interests; restrictions governing conduct; penalty

§ 81-12-89. Deposit of association funds; approval by directors

§ 81-12-91. Indemnification of director, officer or employee for expenses of action to which he is made a party by reason of his position

§ 81-12-93. Management contracts

§ 81-12-95. Records; minutes of meetings; business transactions

§ 81-12-99. Records; maintenance by means of data processing services

§ 81-12-103. Records; overvaluation of assets

§ 81-12-107. Records; loan and investment

§ 81-12-109. Records; membership and stockholder

§ 81-12-111. Records; reproduction by photostatic, photographic or microfilming process

§ 81-12-113. Reserves

§ 81-12-115. Savings liability of association to equal aggregate amount of savings accounts plus earnings; additions to accounts; responsibility of members for losses; assessment of accounts; declaration of earnings; preferences

§ 81-12-117. Savings accounts

§ 81-12-119. Savings accounts; execution of contract by holder

§ 81-12-121. Savings accounts; evidence of ownership

§ 81-12-123. Savings accounts; lost or destroyed account books or certificates

§ 81-12-125. Savings accounts; inducements to open

§ 81-12-127. Savings accounts; adverse claims to accounts

§ 81-12-129. Savings plans at educational institutions

§ 81-12-131. Payroll savings plans

§ 81-12-133. Attorneys authorized to make withdrawals; revocation of authority

§ 81-12-135. Savings accounts issued to minors or persons under disability; payment of withdrawals; powers of parent or guardian; withdrawals on death of holder

§ 81-12-139. Accounts of administrators, executors, guardians, trustees, and other fiduciaries

§ 81-12-141. Accounts of deceased nonresidents

§ 81-12-143. Payments to successors without administration

§ 81-12-145. Accounts payable at death

§ 81-12-149. Payment of earnings on savings accounts

§ 81-12-151. Withdrawals by savings account holders

§ 81-12-153. Redemptions

§ 81-12-155. Securities in which associations may invest

§ 81-12-157. Association may not invest in security or grant loan when liquid assets are less than five percent of savings liability

§ 81-12-159. Loans and other investments in which associations may invest

§ 81-12-161. Real estate loans to be written on approved loan plans

§ 81-12-163. Borrower's right to select attorney and obtain insurance in connection with loan; rules and regulations governing fire, casualty and title insurance

§ 81-12-165. Payment of expenses in connection with closing of loan; borrower to pay only his own attorney's fee; notice of right to select attorney; right of association to require title insurance

§ 81-12-167. Late payment charges

§ 81-12-169. Reinstatement of loan prior to foreclosure sale

§ 81-12-171. Right of association to deal with successor in interest of real estate securing loan

§ 81-12-173. Right to act to avoid loss

§ 81-12-176. Branch offices; additional types of offices

§ 81-12-179. Order of discontinuance of violation; enforcement in chancery court

§ 81-12-184. Supervisory merger

§ 81-12-185. Restrictions on appointment of conservator or receiver

§ 81-12-191. Federal associations domiciled in state

§ 81-12-193. Fees

§ 81-12-195. Offering and sale of savings accounts exempt from securities regulations

§ 81-12-197. Acknowledgment or proof of written instrument in which association interested; membership or employee status of public officer taking as affecting validity

§ 81-12-199. Untrue, false and malicious statements calculated to injure reputation or business of certain savings associations; penalty for making

§ 81-12-201. Advertising for deposits prohibited; exception as to certain state and federal banks, credit unions and associations

§ 81-12-205. Appeal from final rule, regulation or order of commissioner or board

§ 81-12-207. Solicitation of deposits by association or its representatives without complying with provisions of chapter; penalty

§ 81-12-217. Commissioner to issue supervisory control for association

§ 81-12-219. Appeal of cease and desist order

§ 81-12-221. Reimbursement of fines or penalties

§ 81-12-223. Cumulative fines and penalties

§ 81-12-225. Credit allowed; discretion of commissioner

§ 81-12-227. Amount of liability to association for loans

§ 81-12-229. Commissioner to furnish copy of call reports; fee; failure or refusal; misdemeanor