Ohio Revised Code Search

...ent of financial institutions shall not conduct an examination of a state bank more frequently than once every twenty-four-month cycle, if the bank meets both of the following conditions: (1) It has assets of ten billion dollars or less. (2) Under the uniform financial institutions rating system, it maintains a composite rating of one. (B) The superintendent may conduct more frequent examinations if either of t...

...nd trust companies over which they have concurrent jurisdiction; (b) Joint or concurrent examinations of the records and affairs of banks and trust companies over which they have concurrent jurisdiction; (c) Coordinated examinations of the records and affairs of banks and trust companies over which they have collective jurisdiction. (2) Conduct, participate in, or coordinate independent, concurrent, joint, or coor...

...f a person who, directly or indirectly, controls the bank that is a bank holding company registered with the federal reserve or a savings and loan holding company, but only to the extent explicitly permitted under this section. To examine the records and affairs of a person who, directly or indirectly, controls a bank that is a bank holding company registered with the federal reserve or a savings and loan holding com...

...f a person who, directly or indirectly, controls the state bank and is a corporation that is not a bank holding company registered with the federal reserve or a savings and loan holding company, as its affairs relate to the bank.

...tances permit. (B) Any person that, by contract or otherwise, performs services for a state bank or trust company or a representative office, agency, or branch licensed under Chapter 1119. of the Revised Code, whether on or off the premises of the bank, trust company, representative office, agency, or branch, is subject to examination by the superintendent as to the books and records of the bank, trust company, repr...

....35 of the Revised Code; (2) Appoint a conservator for the state bank pursuant to section 1125.09 of the Revised Code; (3) Initiate civil or criminal proceedings the superintendent considers appropriate.

...her documents required by the superintendent of financial institutions may be signed and sworn to or affirmed on behalf of a state bank or trust company by any officer or director authorized to do so by the bank's or trust company's board of directors. (B) When the superintendent requires, any officer, official, employee, or director of a state bank or trust company receiving any communication from the division of f...

...and employees shall keep privileged and confidential all information obtained by the superintendent or the superintendent's agents or employees as a result of or arising out of the examination or supervision of a bank or any examination conducted pursuant to the authority of section 1121.10 or 1121.11 of the Revised Code, from required reports, or because of their official position. No person, including any person to...

... self-assessment report, any portion or contents of the report, and any documents, data, compilations, analyses, or other information and material generated, created, produced, developed, or prepared as part of the self-assessment process, are privileged and not admissible or subject to discovery in any civil or administrative litigation, action, proceeding, or investigation. (C) The self-assessment privilege grante...

...including the information the superintendent of financial institutions prescribes.

...ant to section 1701.55 of the Revised Code or an individual elected to serve as the director of a nonprofit corporation pursuant to section 1702.26 of the Revised Code. (3) "Executive officer" means president, treasurer, secretary, any individual at or above the senior vice-president level or its functional equivalent, any individual at the vice-president level or its functional equivalent if the organization does...

...ry for the superintendent to adequately consider the application or notice after the superintendent's acceptance of the application or notice for processing, if both of the following apply: (i) After having begun processing the application or notice, the superintendent determined and advised the person that additional information was necessary to adequately consider the application or notice. (ii) After being advis...

...ent of financial institutions may grant confidential treatment for information in or related to an application or notice submitted to the superintendent pursuant to Chapters 1101. to 1127. of the Revised Code that is subject to the superintendent's approval or an opportunity for the superintendent to disapprove, if confidential treatment is requested by the person submitting the application or notice and any of the f...

...When considering the impact of a proposed action or transaction on the convenience and needs of the community to be served, both of the following shall apply: (A) The superintendent of financial institutions shall assess whether the facts and circumstances relating to the proposed action or transaction reasonably indicate that the purpose for the proposed action or transaction is to engage in the banking business an...

... and the superintendent is permitted to condition that approval, any condition imposed by the superintendent shall be reasonable and necessary.

...d that budget, the superintendent shall consider any necessary cash reserves and any amounts collected but not yet expended or encumbered by the superintendent in the previous fiscal year's budget and remaining in the banks fund pursuant to division (C) of section 1121.30 of the Revised Code. (3) The superintendent shall establish the actual schedule of assessments on an annual basis, present the schedule to the ban...

...ts, fees, charges, and forfeitures provided for in Chapters 1101. to 1127. and sections 1315.01 to 1315.18 of the Revised Code, except civil penalties assessed pursuant to section 1121.35 or 1315.152 of the Revised Code, shall be paid to the superintendent of financial institutions, and the superintendent shall deposit them into the state treasury to the credit of the banks fund, which is hereby created. (B) The su...

...age in an unsafe or unsound practice in conducting the bank's or trust company's business; (2) The bank, trust company, or regulated person is violating, has violated, or, the superintendent has reasonable cause to believe, is about to violate any of the following: (a) A law or rule; (b) A condition imposed in writing by the superintendent in connection with granting an application or notice that is subject to the...

...erson from further participation in the conduct of the affairs of a bank or trust company, or both, if, in the opinion of the superintendent, all of the following apply: (1) The regulated person has, directly or indirectly, done any of the following: (a) Violated any of the following: (i) A law or rule; (ii) A final cease and desist order; (iii) A condition imposed in writing by the superintendent in connection ...

...erson from further participation in the conduct of the affairs of a bank or trust company, or both, if both of the following apply: (a) The superintendent serves, or has served, the regulated person with a notice of charges and intent to remove the regulated person or prohibit the regulated person from further participation in the conduct of the affairs of a bank or trust company pursuant to section 1121.33 of the R...

...ust company, or, in relation to matters concerning a state bank, foreign bank, or trust company, a regulated person for each day a violation, unsafe or unsound practice, or breach continues as follows: (1) The superintendent may assess a civil penalty of not more than five thousand dollars per day if the bank, trust company, or regulated person violates any of the following: (a) Any law or rule; (b) Any order issu...

...(A) The superintendent of financial institutions may serve any notice the superintendent is required or authorized to give and any subpoena or order the superintendent is required or authorized to issue pursuant to Chapters 1101. to 1127. of the Revised Code, at the sole discretion of the superintendent, by any of the following means: (1) In person by the superintendent or an employee or agent of the division of fin...

...regulated person requesting the hearing consents to another place. Within ninety days after the hearing, the superintendent of financial institutions shall render a decision, which shall include findings of fact upon which the decision is predicated, and shall issue and serve on the bank, trust company, or regulated person the decision and an order consistent with the decision. Judicial review of the order is exclusi...

...sdiction and authority of the superintendent of financial institutions to issue any notice and proceed against the regulated person under section 1121.32, 1121.33, 1121.34, or 1121.35 of the Revised Code, if the notice is served in accordance with section 1121.37 of the Revised Code within six years after the date of the regulated person's resignation, termination, or separation from the bank or trust company.

... (1) In the case of a bank, any of the conditions listed in section 1125.09 of the Revised Code for appointing a conservator or in section 1125.18 of the Revised Code for taking possession of a bank and appointing a receiver, exists. (2) In the case of a trust company, any of the conditions listed in section 1111.32 of the Revised Code for revoking a license to do trust business, exists. (3) The bank or trust comp...