reglab/housing_qa huggingface dataset:
ID Code § 26-1102 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1102 - EXAMINATION BY DEPARTMENT.

26-1102. EXAMINATION BY DEPARTMENT. (1) The director may examine no less often than once in eighteen (18) months, and more frequently whenever he shall deem it necessary, all records and other documents in the possession of or relating to the bank, bank trust department including records in the custody of a data processor or other person or company. For this purpose, the director shall have authority to demand and inspect all books, papers, moneys, notes, bonds, or evidences of debt of such bank and may examine on oath any of the directors, officers, agents, employees, customers, or depositors of such bank. Any willful false swearing in any examination shall be deemed perjury. During examinations, the directors, officers and employees shall give any assistance required by the director, but no examiner shall interfere with the routine duty of such directors, officers and employees. (2) Whenever it shall come to the notice of the director that any bank has failed or refused to comply with any of the provisions of this act, the director is authorized to make a special examination of said bank and to charge and collect for such special examination; and to continue such examinations and charges at intervals of not less than thirty (30) days until such provisions are complied with. (3) The director may in his discretion at any time omit his examination of any bank as above required and accept in lieu thereof the findings or result of an examination of such bank made by any bank regulatory or insuring agency of the United States authorized to make such examination. (4) The director may in his discretion extend the examination period to no less often than once in twenty-four (24) months if: (a) The bank has total assets of less than one billion dollars ($1,000,000,000); (b) The bank is well capitalized, as defined in 12 U.S.C. section 1831o, the federal deposit insurance act; (c) When the bank was most recently examined, it was found to be well-managed and its composite condition was found to be outstanding or good; and (d) The bank is not currently subject to a formal enforcement proceeding or order by the department or the appropriate federal banking agency.  History: [26-1102, added 1979, ch. 41, sec. 2, p. 114; am. 2007, ch. 126, sec. 6, p. 379.]
ID Code § 26-1103 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1103 - REFUSAL TO SUBMIT TO EXAMINATION.

26-1103. REFUSAL TO SUBMIT TO EXAMINATION. Whenever any officer, director or employee of any bank or any data processor or other person or company having custody of books or records of any bank shall refuse to submit the books, papers and concerns of such bank to the inspection of the department of finance or refuse to be examined on oath touching the affairs or concerns of the bank, the director may, in his discretion, apply to the district court within the jurisdiction of which the home office of the bank is located for an injunction requiring the officer to allow such inspection. Upon application by the director, the court shall issue such an injunction.  History: [26-1103, added 1979, ch. 41, sec. 2, p. 115.]
ID Code § 26-1105 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1105 - DIRECTORS TO BE ADVISED OF CONDITIONS.

26-1105. DIRECTORS TO BE ADVISED OF CONDITIONS. The department of finance shall, after each examination, address a letter to the president or chairman of the board of directors, calling attention to the condition of the bank at the time of examination. Such letter from the department shall be read at the first meeting of the board of directors following its receipt and the bank or company’s minute book shall show the receipt of such letter and the reply thereto as approved by the directors.  History: [26-1105, added 1979, ch. 41, sec. 2, p. 116.]
ID Code § 26-1106 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1106 - REPORTS OF BANK.

26-1106. REPORTS OF BANK. Every bank shall make to the department of finance not less than three (3) reports during each calendar year at such times as reports are called for by the director. The department of finance shall prescribe the form of such reports and they shall be signed and verified by the oath or affirmation of one of the officers of such bank and attested by at least two (2) of the directors. They shall be forwarded to the department within fifteen (15) days after the receipt of the call therefor. Such report shall be published in a newspaper in the city or county in which said bank is located, or in a paper published nearest to such town, and in the same form as made to the department. Proof of publication shall be furnished to said department within thirty (30) days after receipt of the aforesaid call. The department of finance shall also have the power to call for special reports from any bank whenever in its judgment the same is necessary to inform the department fully of the condition of such bank. It shall not be necessary for such bank to publish such special report.  History: [26-1106, added 1979, ch. 41, sec. 2, p. 116.]
ID Code § 26-1107 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1107 - REPORTS — DUTIES OF DEPARTMENT OF FINANCE.

26-1107. REPORTS — DUTIES OF DEPARTMENT OF FINANCE. The department of finance shall receive and place on file in the office of the department the reports to be made by the banks under this act and shall prepare and furnish, on demand, to all the banks required to report blank forms for such statements or reports.  History: [26-1107, added 1979, ch. 41, sec. 2, p. 116.]
ID Code § 26-1109 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1109 - BOOKS AND ACCOUNTS.

26-1109. BOOKS AND ACCOUNTS. Whenever it appears to the department of finance that any bank does not keep books and accounts in such manner as to enable it to readily ascertain the true condition of such bank, or that such books and accounts are not kept in a manner which will minimize, as far as possible, loss through dishonesty of its officers or employees or otherwise, the department shall have power to require the officers of such bank or any of them, to open and keep such books or accounts as the department may, in its discretion, determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and accounts of such bank. The directors of any bank shall, within ten (10) days from receipt by the bank of a written statement from the department that the bank’s internal auditing procedures are inadequate or deficient in any respect in the opinion of the department, retain, at the bank’s sole expense, an independent licensed certified public accountant, approved by the director, to forthwith make an audit of the bank, and upon completion thereof a certified copy of the audit shall be delivered to the department.  History: [26-1109, added 1979, ch. 41, sec. 2, p. 116.]
ID Code § 26-1110 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1110 - PROOF THAT SERVICES PERFORMED WILL BE SUBJECT TO REGULATION AND EXAMINATION.

26-1110. PROOF THAT SERVICES PERFORMED WILL BE SUBJECT TO REGULATION AND EXAMINATION. No bank subject to examination by the department of finance may cause to be performed, by contract or otherwise, any bank services for itself, whether on or off its premises, unless assurances satisfactory to the department of finance are furnished to such department by both the bank and the party performing such services that the performance thereof for any such bank will be subject to regulation and examination by the department of finance to the same extent as if such services were being performed by the bank itself on its own premises.  History: [26-1110, added 1979, ch. 41, sec. 2, p. 117.]
ID Code § 26-1112 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1112 - PENALTY FOR DISCLOSURE OF CONFIDENTIAL INFORMATION.

26-1112. PENALTY FOR DISCLOSURE OF CONFIDENTIAL INFORMATION. (1) Neither the department of finance, its director nor its employees shall disclose to any person or agency any fact or information obtained in the course of business of the department under this act, except in the following cases: (a) When by the terms of this act or chapter 1, title 74, Idaho Code, it is made the duty of the department to make public records and publish the same. (b) When the department is required by law to take special action regarding the affairs of any bank. (c) When called as a witness in any criminal proceeding in a court of competent jurisdiction, provided that the court must review such information in chambers to determine the necessity of disclosing such information, and subject to the privilege provided by subsection (3) of section 26-1111, Idaho Code. (d) When, in the case of a problem bank, it is necessary or advisable, in the discretion of the director, for the good of the public or of the depositors. (e) When, in the discretion of the department, it is advisable to disclose any such information to a state or federal bank supervisory agency. (2) Any person violating the provisions of this section shall be guilty of a felony and conviction shall subject the offender to a forfeiture of his office or employment.  History: [26-1112, added 1979, ch. 41, sec. 2, p. 117; am. 1990, ch. 213, sec. 22, p. 502; am. 1993, ch. 187, sec. 2, p. 478; am. 2015, ch. 141, sec. 43, p. 414.]
ID Code § 26-1114 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1114 - SUSPENSION OR REMOVAL OF DIRECTORS, OFFICERS OR EMPLOYEES — PROHIBITION OF FUTURE EMPLOYMENT.

26-1114. SUSPENSION OR REMOVAL OF DIRECTORS, OFFICERS OR EMPLOYEES — PROHIBITION OF FUTURE EMPLOYMENT. (1) The director of the department of finance may issue a written order suspending or removing a director, officer or employee of a bank, bank holding company or trust institution, upon finding that the director, officer or employee: (a) Has been dishonest or reckless in the performance of his official duties; (b) Has breached his fiduciary duties to the bank, bank holding company or trust institution, in a manner that is likely to cause substantial loss to or seriously weaken the bank, bank holding company or trust institution; (c) Has violated any provision of this title, any state or federal law or regulation pertaining to the business of the bank, bank holding company, or trust institution, or any order of the director of the department of finance; (d) Has been convicted of any felony or a misdemeanor involving theft or dishonesty; or (e) Has engaged or participated in any unsafe or unsound practice in the conduct of the affairs of the bank, bank holding company or trust institution. The order shall be issued pursuant to chapter 52, title 67, Idaho Code. (2) In the event a director, officer or employee has been removed from office as set forth in this section, and the order has not been modified, rescinded or set aside, or if a person has been removed as a director, officer or employee of a bank, bank holding company or trust institution by a federal financial institution regulator or a financial institution regulator in another state, the person is prohibited from becoming employed by a bank, bank holding company or trust institution supervised by the director of the department of finance in this state, except as specifically permitted by the director of the department of finance.  History: [26-1114, added 2015, ch. 204, sec. 15, p. 627.]
ID Code § 26-1116 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE|Section 26-1116 - CIVIL ENFORCEMENT.

26-1116. CIVIL ENFORCEMENT. Whenever it appears to the director that any bank, bank holding company or trust institution has engaged or is about to engage in an unsafe or unsound practice in conducting the business of such bank, bank holding company or trust institution, or any person has violated or is about to violate any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director, or any written agreement entered into with the director, the director may, in his discretion, bring an action in any court of competent jurisdiction, and upon a showing of any unsafe or unsound practice, or violation, shall be granted any or all of the following: (1) A writ or order restraining or enjoining, temporarily or permanently, any unsafe or unsound practice, or violation of any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director, or any written agreement entered into with the director; (2) An order granting a declaratory judgment; (3) An order for disgorgement and other equitable remedies; (4) An order appointing a receiver or conservator for the defendant or the defendant’s assets; (5) An order that the person engaged in the unsafe or unsound practice, or violating any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director or any written agreement entered into with the director shall pay a civil penalty to the department in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation; (6) An order allowing the director to recover costs that may include investigative expenses and attorney’s fees.  History: [26-1116, added 2015, ch. 204, sec. 19, p. 629.]
ID Code § 26-1201 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1201 - UNAUTHORIZED BANKING.

26-1201. UNAUTHORIZED BANKING. It shall be unlawful for any person to engage in soliciting, receiving or accepting money or its equivalent on deposit as a regular business whether such deposit, however evidenced, is made subject to check or draft or other order unless such activity is specifically authorized by statute. Any person violating any provision of this section shall be guilty of a felony.  History: [26-1201, added 1979, ch. 41, sec. 2, p. 121.]
ID Code § 26-1202 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1202 - UNAUTHORIZED USE OF NAME — WAIVER BY DIRECTOR.

26-1202. UNAUTHORIZED USE OF NAME — WAIVER BY DIRECTOR. (1) With the exception of the persons defined in subsection (2) of this section, no person may advertise or transact business in this state under a name or title that contains the word "bank," "banker," "bancorp," "savings bank," "trust company," or a word or words of similar import, unless the person has been granted a charter to engage in banking or trust business in this state by the director, or unless the director has granted the person a waiver from this prohibition as set forth in this section. (2) The foregoing prohibition shall not apply to a national bank, federal thrift or federal savings bank, bank holding company or a state-chartered bank or trust company located in another state that has obtained all approvals that may be required under the law as a prerequisite to doing business in this state. (3) The director may grant a waiver to allow the use of the word "bank," "banker," "bancorp," "savings bank," "trust company" or a word or words of similar import if: (a) The person is not engaged in banking or trust business; (b) The name or title used is not likely to deceive or mislead an individual to believe that the person is engaged in banking or trust business; (c) The name or title, or a name or title similar to it, is not already used by another person doing business in this state; and (d) The name or title does not suggest or imply that the person is engaged in unlawful conduct. (4) Should the director grant a waiver as set forth in subsection (3) of this section, the director may condition or restrict the use of the name or title as he finds necessary in order to protect the public. (5) In the event the use of a name or title is prohibited as set forth in this section and that none of the exceptions set forth in subsection (2) of this section apply, and the director has not granted a waiver to the prohibition as set forth in subsection (3) of this section, the Idaho secretary of state shall not be obligated to file any documents, records, articles or certificates that the person using or desiring to use the prohibited name or title requests the Idaho secretary of state to file. (6) Any person who willfully violates the foregoing prohibition is guilty of a felony.  History: [26-1202, added 2015, ch. 204, sec. 21, p. 630.]
ID Code § 26-1203 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1203 - FALSE STATEMENTS REGARDING BANKS AND TRUST COMPANIES — PENALTY.

26-1203. FALSE STATEMENTS REGARDING BANKS AND TRUST COMPANIES — PENALTY. Any person who shall willfully and maliciously make, circulate or transmit to another or others any false statement, rumor, or suggestion, written, printed or by word of mouth, which is directly or by inference derogatory to the financial condition or affects the solvency or financial standing of any bank or trust company doing business in this state, or who shall counsel, aid, procure or induce another to start, transmit or circulate any such statement or rumor, shall be guilty of a felony.  History: [26-1203, added 1979, ch. 41, sec. 2, p. 121; am. 2000, ch. 288, sec. 3, p. 973.]
ID Code § 26-1204 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1204 - FALSE STATEMENTS REGARDING BANKS AND TRUST COMPANIES — CIVIL REMEDIES.

26-1204. FALSE STATEMENTS REGARDING BANKS AND TRUST COMPANIES — CIVIL REMEDIES. (1) It is unlawful for any person to make, circulate or transmit to another or others any false statement, rumor, or suggestion, written, printed or by word of mouth, which is directly or by inference derogatory to the financial condition or affects the solvency or financial standing of any bank or trust company doing business in this state, or who shall counsel, aid, procure or induce another to start, transmit or circulate any such statement or rumor. (2) Whenever it appears to the director that any person has engaged in any act constituting a violation of this section, he may in his discretion bring an action in any court of competent jurisdiction to enjoin any such act and to enforce compliance with this section. Upon a showing that a person has engaged or is about to engage in an act constituting a violation of this section, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The director shall not be required to furnish a bond. In addition to the foregoing, the director may be granted the following remedies: (a) An order that the person violating this section pay a civil penalty to the general fund in an amount not to exceed ten thousand dollars ($10,000) for each violation; (b) An order that the person violating this section pay costs to the department, which may include an amount representing reasonable attorney’s fees and reimbursements for investigative efforts; (c) An order granting other appropriate remedies upon a proper showing.  History: [26-1204, added 2000, ch. 288, sec. 4, p. 973.]
ID Code § 26-1206 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1206 - PENALTY FOR UNLAWFUL HYPOTHECATION OF ASSETS.

26-1206. PENALTY FOR UNLAWFUL HYPOTHECATION OF ASSETS. Any officer or employee of any bank or the bank holding company owning or controlling the bank, doing business in this state who, except in the manner authorized by law or the contract of the parties, hypothecates, pledges or in any way alienates any notes, stocks, bonds, mortgages, securities or any other property coming into his hands or into the possession of said bank as collateral, for safekeeping or in any other manner, and to which the bank has not acquired full title, shall be guilty of theft, and upon conviction thereof shall be punished as provided in section 18-2408, Idaho Code.  History: [26-1206, added 1979, ch. 41, sec. 2, p. 122; am. 1998, ch. 337, sec. 3, p. 1083.]
ID Code § 26-1207 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1207 - CONCEALMENT OF LOANS AND DISCOUNTS.

26-1207. CONCEALMENT OF LOANS AND DISCOUNTS. Any officer or employee of any bank or the bank holding company owning or controlling the bank who intentionally conceals from the director of the department of finance or the directors of the bank or a committee thereof, the purchase of any security, the sale of any of its securities, or any guaranty, repurchase agreement or any other agreement whereby the bank is obligated, shall be guilty of a felony.  History: [26-1207, added 1979, ch. 41, sec. 2, p. 122.]
ID Code § 26-1208 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1208 - FALSE REPORTS OR ENTRIES.

26-1208. FALSE REPORTS OR ENTRIES. Any director, officer, or employee of any bank or bank holding company who shall willingly and knowingly subscribe to or make or cause to be made any false statement or false entry on the books or in any report or statement of the bank or bank holding company, or shall knowingly make or exhibit any false reports, entries or statements with the intent to deceive any person or persons authorized to examine into the affairs of the bank or bank holding company or the board of directors of the bank or bank holding company or shall knowingly state or publish any false report or statement of any bank or bank holding company, shall be guilty of a felony.  History: [26-1208, added 1979, ch. 41, sec. 2, p. 122.]
ID Code § 26-1210 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1210 - BANK OFFICERS AND DIRECTORS TO REPORT FELONIES.

26-1210. BANK OFFICERS AND DIRECTORS TO REPORT FELONIES. It shall be the duty of every officer or director of any bank to report promptly every violation or apparent violation of any of the banking laws of this state which is defined as a felony under the laws of this state, of which he has knowledge, to the director of the department of finance or his duly authorized agent or agents, immediately upon the discovery thereof. Every such person who intentionally withholds such a report, or fails to make a prompt report of any such violation with the intent to injure, deceive or defraud such bank or any of its depositors, creditors or stockholders, or the director of the department of finance or his duly authorized agent or agents shall be guilty of a misdemeanor.  History: [26-1210, added 1979, ch. 41, sec. 2, p. 123.]
ID Code § 26-1211 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1211 - MISLEADING ADVERTISING.

26-1211. MISLEADING ADVERTISING. No bank or bank holding company or any officer thereof shall advertise in any manner which is misleading, false or deceptive. Any bank violating the provisions of this section shall be subject to the provisions of section 26-1115, Idaho Code.  History: [26-1211, added 1979, ch. 41, sec. 2, p. 123.]
ID Code § 26-1212 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 12 - CIVIL AND CRIMINAL PENALTIES|Section 26-1212 - LOANS TO OFFICIALS OF DEPARTMENT PROHIBITED.

26-1212. LOANS TO OFFICIALS OF DEPARTMENT PROHIBITED. It shall be unlawful for the department of finance, its director or employees engaged in bank examination or supervision, to borrow money directly or indirectly from any state bank, or director or official of a state bank. Any person violating the provision of this section shall be guilty of a felony.  History: [26-1212, added 1979, ch. 41, sec. 2, p. 123; am. 1993, ch. 53, sec. 4, p. 141.]