reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 4 - Amusements and Sports › §4:730. Use of monies derived from enforcement of bingo regulations by a municipal or parish governing authority

RS 4:730 - Use of monies derived from enforcement of bingo regulations by a municipal or parish governing authority
Notwithstanding any other provision of law to the contrary, any monies collected by the governing authority of a municipality or parish from charitable organizations conducting bingo games in that municipality or parish pursuant to the rules and regulations of said governing authority which are in excess of the amount of monies necessary to pay the cost of adequate enforcement of such rules and regulations may be expended by said governing authority for purposes other than paying the cost of such enforcement, including but not limited to defraying the cost of operation of municipal or parish government.
Acts 1999, No. 568, §3, eff. June 30, 1999.
2023 Louisiana Laws › Revised Statutes › Title 4 - Amusements and Sports › §4:731. City of New Orleans; cable television bingo; licensing; restrictions; prohibitions

RS 4:731 - City of New Orleans; cable television bingo; licensing; restrictions; prohibitions
A.(1) The governing authority of the city of New Orleans may license bona fide veterans, charitable, educational, religious, or fraternal organizations and civic and service clubs, which possess the appropriate nonprofit designation issued by the federal Internal Revenue Service, to hold and operate the game of chance commonly known as cable television bingo played for prizes with cards and as defined in this Subsection.
(2) For the purposes of this Section, "cable television bingo" shall mean a charitable game of chance transmitted by a cable television channel and played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers as eight or more similarly numbered objects are displayed, and the game being won by any player who covers a previously designated arrangement of numbers of such a card with any four or five numbers and a free spot.
B. Cable television bingo shall be transmitted only to the area within the jurisdiction of the city of New Orleans. Transmission of such games to any area outside the city of New Orleans shall be expressly prohibited.
C. Licensees to hold, operate, or conduct cable television bingo shall not be subject to the provisions of R.S. 4:714(A) and (B).
D. Notwithstanding any provision of this Chapter to the contrary, in particular R.S. 4:715, a charitable organization licensed to conduct cable television bingo may enter into a contract with a private contractor possessing demonstrated skills in the conduct and administration of charitable games of chance to provide for the operation and management of its games. Any such contract shall stipulate that payment to the contractor for professional services shall be in accordance with an estimated fee schedule based upon the number of cards sold and shall require the use of volunteer members of charitable organizations in the actual conduct of and assisting in the conduct of such games.
E. The office may adopt additional rules and regulations governing the operation of cable television bingo pursuant to the provisions of R.S. 4:705(10)(b). The office may also assess whatever fees may be necessary to implement this Section and the rules and regulations adopted pursuant to this Subsection.
Acts 1999, No. 568, §3, eff. June 30, 1999.
2023 Louisiana Laws › Revised Statutes › Title 4 - Amusements and Sports › §4:734. Sale of tickets at fund-raising event

RS 4:734 - Sale of tickets at fund-raising event
Notwithstanding any provision of this Chapter to the contrary, a candidate for public office, as provided for in R.S. 18:1483(3), or his principal campaign committee, as provided for in R.S. 18:1483(15), may conduct a fund-raising activity involving the sale of tickets which afford the purchaser an opportunity to win a door prize, raffle, or similar gift or prize.
Acts 1999, No. 568, §3, eff. June 30, 1999.
2023 Louisiana Laws › Revised Statutes › Title 4 - Amusements and Sports › §4:736. Legal representation of the office; attorney general

RS 4:736 - Legal representation of the office; attorney general
Notwithstanding any other provision of law to the contrary, the attorney general shall be the legal advisor to the office and, except as otherwise provided by law, shall counsel and advise the office, shall represent it in all legal proceedings, and shall prosecute any civil action for a violation of the provisions of this Chapter or the rules and regulations of the office. The office shall compensate the attorney general for representation of the office.
Acts 1999, No. 568, §3, eff. June 30, 1999.
2023 Louisiana Laws › Revised Statutes › Title 4 - Amusements and Sports › §4:737. Venue; trial de novo; appeals

RS 4:737 - Venue; trial de novo; appeals
Notwithstanding any other provision of law to the contrary, the venue for judicial review or appeal from any administrative proceeding involving a charitable gaming licensee or license applicant or a petition for a stay as provided for in R.S. 49:978.1(C) or for recovery under R.S. 49:980 or other injunctive relief shall be the domicile of the licensee or applicant. The petition for judicial review or appeal from an administrative proceeding involving a licensee or licensee applicant under this Chapter shall be filed in the district court of the parish of the domicile of the licensee or applicant within sixty days of the mailing of the notice of the adverse administrative decision. Upon timely filing of the petition of the charitable organization, judicial review shall be by trial de novo and conducted by summary procedure. Evidence of warnings issued by the office to a charitable organization on matters which are not the subject of the administrative proceeding under review shall not be admissible in the trial de novo. The provisions of this Section shall be procedural in nature.
Acts 1999, No. 568, §3, eff. June 30, 1999.
2023 Louisiana Laws › Revised Statutes › Title 4 - Amusements and Sports › §4:738. Toll-free telephone assistance for compulsive gamblers; posting of signs on premises

RS 4:738 - Toll-free telephone assistance for compulsive gamblers; posting of signs on premises
The office shall require the posting of one or more signs on licensed premises at points of entry into the areas where organizations licensed under this Chapter are conducting games of chance authorized under the provisions of R.S. 4:707(A)(2), (3), and (4), 732, and 733 to inform patrons of a toll-free telephone number available to provide information and referral services regarding compulsive or problem gambling. Failure by the owner of the licensed premises to post and maintain such a sign or signs shall be cause for the imposition of a fine not to exceed one thousand dollars per day.
Acts 1999, No. 568, §3, eff. June 30, 1999.
2023 Louisiana Laws › Revised Statutes › Title 4 - Amusements and Sports › §4:740. Session defined

RS 4:740 - Session defined
A. A session represents authorized games of chance played within a time limit not to exceed eight consecutive hours. A licensee may operate no more than five premises for the purpose of charitable gaming activities; however, each licensee may only have one session at each premise per twelve-hour period. A session of keno or bingo when the licensee possesses a special license is limited to eight consecutive hours. Sessions are limited to not more than one session per calendar day per premises. Organizations are not allowed to begin their session until the stated time on their license issued by the office.
B. Selling of pull-tabs, bingo paper, or bingo cards constitutes the beginning of a session.
C. In no instance shall two organizations be allowed to conduct sessions simultaneously at the same location.
Acts 2003, No. 603, §1; Acts 2020, No. 316, §1, eff. June 12, 2020; Acts 2022, No. 523, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:3. Effect on existing banks

RS 6:3 - Effect on existing banks
The certificates of authority of state banks existing at the time of the effective date of this law shall continue in full force and effect, but all state banks and to the extent applicable all banks shall thereafter be operated in accordance with the provisions of this law; and, any state bank by filing an application to amend its articles of incorporation with the commissioner shall thereafter be subject to the provisions of this law.
Amended by Acts 1976, No. 498, §1; Acts 1984, No. 719, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:4. Employment reference; release of certain information

RS 6:4 - Employment reference; release of certain information
A. A bank, savings and loan association, trust company, or credit union may provide to any other such financial institution a written employment reference which may include information reported to federal banking regulators pursuant to federal law and regulations involving a theft, embezzlement, misappropriation, or other defalcation. Where the written employment reference contains such information and where a copy of the written employment reference is sent to the employee in question at the last known address of such employee, a bank, savings and loan association, trust company, or credit union shall not be liable for providing such an employment reference unless the information provided is false and the financial institution providing the false information does so with knowledge and malice.
B. The provisions in Subsection A of this Section are supplemental to and shall not preclude or limit a bank, savings and loan association, trust company, or credit union from being governed by the provisions of R.S. 23:291.
Acts 1989, No. 249, §1; Acts 2008, No. 124, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:5. Public policy

RS 6:5 - Public policy
It is the declared public policy of the state of Louisiana to encourage and to foster the development of financial institutions under a dual chartering system of the state and federal governments. In order to carry out this policy, the office of financial institutions is authorized and requested to use its resources in the promotion and development of the dual chartering system under the laws of Louisiana.
Acts 1990, No. 203, §1, eff. July 3, 1990; Acts 1993, No. 960, §1; Acts 2021, No. 17, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:101. Establishment of office; commissioner

RS 6:101 - Establishment of office; commissioner
A. There is hereby created the Office of Financial Institutions as a state agency, within the office of the governor. It shall have supervisory and regulatory jurisdiction over all financial institutions and other persons as provided by this Title, and such other jurisdiction as is conferred on the office or commissioner in other legislation. The commissioner of the Office of Financial Institutions shall have exclusive supervisory and regulatory jurisdiction and authority over Louisiana state-chartered financial institutions and other financial entities regulated by the Office of Financial Institutions, and the state legislature shall have exclusive lawmaking authority, except for rulemaking authority, regarding the supervision and regulation of the same. The provisions of this Subsection are subject to and do not supersede the provisions of Part IV, Interstate Banking, of Chapter 6 of Title 6 of the Revised Statutes of 1950. The provisions of this Subsection shall not apply to any litigation pending on August 15, 2003.
B. The chief officer of the office of financial institutions shall be the commissioner of financial institutions. The commissioner shall be appointed by the governor, shall be submitted to the Senate for confirmation, and shall have five years of active experience as one of the following:
(1) An accountant with a degree in accounting from an accredited institution or a certified public accountant authorized to practice in Louisiana.
(2) An attorney licensed to practice law within this state.
(3) A certified licensed agent, broker, or principal who is registered as such pursuant to R.S. 51:701 et seq. or under the Securities and Exchange Act of 1934.
(4) An officer of an institution regulated by the Office of Financial Institutions or shall be a person who possesses at least fifteen years of active experience as a state or federal financial institutions regulator. The commissioner shall have been active in such major policymaking function and actively employed by the state or federal financial institutions regulatory authority within the previous five years of the appointment.
C. The commissioner shall also serve as commissioner of securities.
D. The commissioner shall receive a salary set and determined by the governor payable monthly on the commissioner's own authorization.
E. The commissioner qualifies by taking and filing the necessary oath of office. He shall serve for a term of four years from the date of his induction and until his successor qualifies.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1999, No. 344, §1, eff. June 16, 1999; Acts 2001, No. 8, §2, eff. July 1, 2001; Acts 2001, No. 9, §1, eff. July 1, 2001; Acts 2003, No. 521, §1; Acts 2003, No. 869, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:121.1. Enforcement powers of commissioner

RS 6:121.1 - Enforcement powers of commissioner
A. The commissioner may, in his discretion, conduct such investigations and hearings as he deems necessary to ascertain possible violations of this Title or any rule, regulation, or order promulgated or issued thereunder. Such hearings shall be private unless the commissioner, in his sole discretion and after considering the views of the person afforded the hearing, determines that a public hearing is necessary to protect the public interest. If the commissioner determines that a public hearing is necessary to protect the public interest, the confidentiality provisions of this Title and the Administrative Procedure Act, R.S. 49:950 et seq., shall not apply.
B. Any person who is engaged in or is engaging in or is about to engage in any act or practice which is prohibited by this Title or any rule, regulation, or order promulgated or issued thereunder, or any person who has failed to act or is failing to act or is about to fail to act under any affirmative duty imposed by this Title or any rule, regulation, or order promulgated or issued thereunder shall be subject to appropriate action by the commissioner. Such action shall include but shall not be limited to the issuance of orders assessing civil money penalties, entering into compliance agreements, seeking injunctive relief from a court of competent jurisdiction, or any combination thereof.
C. The commissioner may report egregious violations to the attorney general or to the district attorney of the appropriate parish, who may institute the proper proceedings to enjoin the violation and enforce the penalties provided herein.
D. In addition to the enforcement powers of the commissioner authorized in this Title and any other Title of the Louisiana Revised Statutes of 1950, he shall also have those enforcement powers authorized by Subsections A, B and C of this Section with respect to any person subject to licensing, registration, or regulation by the commissioner.
Acts 1990, No. 266, §1, eff. July 4, 1990; Acts 2006, No. 460, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:121.1.1. Restrictions on enforcement power; cannabis-related legitimate businesses and service providers; egregious violations

RS 6:121.1.1 - Restrictions on enforcement power; cannabis-related legitimate businesses and service providers; egregious violations
A. For purposes of this Section:
(1) "Cannabis-related legitimate business" means any person or company that participates in any business or organized activity that involves handling, cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing or purchasing cannabis or cannabis products, pursuant to a law established by this state.
(2) "Service provider" means a business, organization, or other person who sells goods or provides services to a cannabis-related legitimate business.
B. The commissioner shall not do any of the following:
(1) Prohibit or otherwise discourage a state bank or credit union from providing financial services to a cannabis-related legitimate business or service provider solely because the account holder is a cannabis-related legitimate business, or is an employee, owner, or operator of a cannabis-related legitimate business.
(2) Penalize a state bank or credit union for providing financial services to a cannabis-related legitimate business or service provider solely because the account holder is a cannabis-related legitimate business or service provider or is an employee, owner, or operator of a cannabis-related legitimate business or service provider.
(3) Recommend, incentivize, or encourage a state bank or credit union not to offer financial services to an account holder or to downgrade or cancel the financial services offered to an account holder solely because the account holder is a cannabis-related legitimate business or service provider or is an employee, owner, or operator of a cannabis-related legitimate business or service provider.
(4) Take any adverse or corrective supervisory action on a loan made to a cannabis-related legitimate business or service provider solely because the business is a cannabis-related legitimate business or service provider.
(5) Take any adverse or corrective supervisory action on a loan made to an employee, owner, or operator of a cannabis-related legitimate business or service provider solely because the employee, owner, or operator is employed by, owns, or operates a cannabis-related legitimate business or service provider.
(6) Prohibit or otherwise discourage a state bank or credit union from authorizing, processing, clearing, settling, billing, transferring, reconciling, or collecting payments for a cannabis-related legitimate business or service provider.
(7) Penalize a state bank or credit union for authorizing, processing, clearing, settling, billing, transferring, reconciling, or collecting payments for a cannabis-related legitimate business or service provider.
C. A state bank or credit union's providing financial services to a cannabis-related legitimate business or service provider shall not be considered an egregious violation for purposes of R.S. 6:121.1(C).
Acts 2020, No. 100, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:121.3. Guidance by commissioner; advisory opinions

RS 6:121.3 - Guidance by commissioner; advisory opinions
A. Advisory opinions and interpretations of the office shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act.
B. This Section shall only have prospective application.
Acts 1997, No. 58, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:121.5. Application containing false information or misrepresentations

RS 6:121.5 - Application containing false information or misrepresentations
It shall be unlawful for any person to knowingly submit an application for a financial institution charter, license, registration, or notification, or any other document to the commissioner which contains false information or misrepresentations regarding any applicant's personal or business background information, for the purpose of deceiving the commissioner into granting a charter, license, registration, or notification to the applicant. Any person who violates this Section is guilty of a misdemeanor, and upon conviction may be fined not less than one thousand dollars nor more than two thousand five hundred dollars, or sentenced to imprisonment not exceeding one year, or both.
Acts 2001, No. 531, §1, eff. June 21, 2001.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:121.6. Authority of the commissioner; nondepository institutions; emergencies

RS 6:121.6 - Authority of the commissioner; nondepository institutions; emergencies
A. In addition to any other powers specifically authorized, the commissioner is authorized to waive, suspend, or delay compliance with all or part of any statute it is the duty of the commissioner to administer or enforce with respect to a nondepository institution, if he reasonably deems compliance with such statute is impossible or impractical as a result of conditions created during a declared state of emergency or as a result of conditions the commissioner reasonably deems to create an emergency.
B. For the purposes of this Section, the term "nondepository institutions" shall mean those persons or entities required by statute to be certified, licensed by, or registered with the commissioner, other than financial institutions as defined in R.S. 6:2.
C. This Section shall apply to emergencies declared by the governor or the commissioner on or after August 29, 2005.
Acts 2005, 1st Ex. Sess., No. 33, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:121.7. Return of payment; imposition of fee

RS 6:121.7 - Return of payment; imposition of fee
The commissioner is authorized to impose a fee of twenty-five dollars on any person who submits a payment with an instrument or other method of payment and which payment is returned unpaid, refused, or declined.
Acts 2006, No. 232, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:121.8. Licensing systems

RS 6:121.8 - Licensing systems
A. Notwithstanding any other law to the contrary, the commissioner shall have the authority to take all action regarding the utilization of an electronic database licensing system or systems with respect to any person subject to licensure by him, in his discretion as he deems necessary and appropriate, including but not limited to those contained within the Louisiana S.A.F.E. Residential Mortgage Lending Act, R.S. 6:1081, et seq.; provided, however, that any action taken pursuant to this Section shall not authorize the creation of an online system which shall be utilized to restrict or limit the authority of licensees to offer loans which are statutorily authorized.
B. For the purposes of this Section, the term "licensure" shall mean licensing, registration, regulation, and notification of all persons by the commissioner, except financial institutions as defined in R.S. 6:2(8).
Acts 2011, No. 10, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:122. Power to issue cease and desist orders

RS 6:122 - Power to issue cease and desist orders
A.(1) The commissioner shall have the power to issue cease and desist orders to prevent or terminate an unsafe or unsound practice or condition or a violation of any Section of this Title or any regulation or order of the commissioner issued pursuant to this Title whenever he knows or has reasonable cause to believe that such practice exists or is likely to occur.
(2) Before issuing a cease and desist order, the commissioner shall send by registered mail a notice containing a statement of the facts constituting the grounds for issuance of the cease and desist order and fixing a time and place at which a meeting with the alleged violator or violators, whether they be a financial institution, its officers, directors, stockholders, employees, or any combination thereof, will be held to determine whether an order to cease and desist therefrom should be issued. If the violator fails to appear at the meeting, it shall be deemed to have consented to the issuance of a cease and desist order. In the event of such consent or if after the meeting the commissioner should find that the grounds specified in the notice have been established, the commissioner may issue an order to cease and desist from the violation or practice. Such order may require the violator to cease and desist from any such violations or practice and to further take affirmative action to correct the conditions resulting from such violation or practice.
B. Any order issued pursuant to this Section shall become effective upon service thereof in person or by registered mail on the violator, and shall remain effective except to the extent modified, stayed, terminated, or set aside by action of the commissioner or of the district court of the judicial district in which the state bank is domiciled.
C. The commissioner may apply to the district court in the parish of domicile of the violator for the enforcement of any order issued pursuant to this Section and such court shall have the jurisdiction and power to order and require compliance therewith.
D. All proceedings other than judicial proceedings pursuant to this Section shall be exempt from the Public Records Act as provided in R.S. 44:4.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:124. Call reports; statement of financial condition

RS 6:124 - Call reports; statement of financial condition
Four times a year, at the end of each calendar quarter, the commissioner shall require each state bank, savings and loan association, and savings bank to report to him, in the manner prescribed, its current financial condition.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1985, No. 359, §1, eff. July 9, 1985; Acts 1991, No. 199, §1, eff. July 2, 1991; Acts 1992, No. 64, §1, eff. Sept. 1, 1992; Acts 1993, No. 883, §1, eff. Oct. 1, 1993; Acts 1997, No. 47, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:124.1. Community reinvestment rating; acceptance of public funds

RS 6:124.1 - Community reinvestment rating; acceptance of public funds
A. The legislature hereby finds and declares that:
(1) Regulated financial institutions are obligated to demonstrate that their deposit facilities serve the convenience and needs of the communities in which they are chartered to do business.
(2) The convenience and need of communities include the need for credit services as well as deposit services.
(3) Regulated financial institutions have a continuing and affirmative obligation to help meet the credit needs of the local communities in which they are chartered.
(4) Since 1977, the federal Community Reinvestment Act (12 U.S.C. §2901 et seq.) has required that each financial institution receive an annual rating indicating the degree to which the institution has met such community credit needs.
B. Each financial institution shall include in its statement of condition required by R.S. 6:124, at a minimum, a single sentence, printed in boldface type, which states its most recent rating received pursuant to the federal Community Reinvestment Act. Notwithstanding any other provision of R.S. 6:124 to the contrary, such rating need not be included in the financial institution's statement of condition to be submitted to the office of financial institutions.
C. Repealed by Acts 2013, No. 32, §2.
Acts 1992, No. 776, §1; Acts 1993, No. 509, §1, eff. April 1, 1994; Acts 1994, 3rd Ex. Sess., No. 61, §1, eff. July 6, 1994; Acts 1997, No. 65, §1; Acts 2002, 1st Ex. Sess., No. 162, §1, eff. April 26, 2002; Acts 2013, No. 32, §2.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:125. Reports of financial condition

RS 6:125 - Reports of financial condition
Upon their request, the commissioner shall report to the governor, any statewide elected officials, or any member of the legislature on the condition of the state-chartered financial institutions under his jurisdiction.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1999, No. 261, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:126. Assessments on financial institutions; disposition of fees; creation of special fund

RS 6:126 - Assessments on financial institutions; disposition of fees; creation of special fund
A. Every financial institution subject to the jurisdiction of the office of financial institutions shall be assessed by the commissioner as provided by law or regulation. The commissioner shall have the authority to promulgate regulations affecting assessments and fees levied upon financial institutions and to amend existing regulations to change assessments periodically as he deems necessary and appropriate.
B.(1) Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all monies, funds, proceeds, and fees received or collected by the commissioner under the provisions of Titles 6, 9, and 51 of the Louisiana Revised Statutes of 1950 and any other provision of law, as well as all regulations promulgated thereunder, shall be deposited immediately upon receipt into the state treasury and shall be credited to the Bond Security and Redemption Fund.
(2), (3), and (4) REPEALED BY ACTS 1992, No. 984, §18.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1985, No. 766, §1; Acts 1986, No. 465, §1, eff. July 1, 1986; Acts 1992, No. 232, §1, eff. Sept. 30, 1992; Acts 1992, No. 984, §18.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:127. Retention of records of financial institutions; microfilm

RS 6:127 - Retention of records of financial institutions; microfilm
A. The commissioner may by regulation prescribe periods of time for the retention of records by any financial institution subject to his supervision. Records of any financial institution, including records of financial institutions not subject to the commissioner's supervision, that have been retained for the periods so prescribed may thereafter be destroyed, and no liability shall thereby arise against, or attach to, the financial institution destroying them. In any legal action in which any such records may be called in question or demanded of any financial institution or any officer, employee, or other agent thereof, a showing that the periods so prescribed have elapsed shall be a sufficient defense for the failure to produce them by reason of their destruction.
B. Any records required to be retained pursuant to this Section or regulations promulgated hereunder may be reproduced by any photographic, photostatic, microfilm, microcard, or miniature or microphotographic process, or by any mechanical or electronic recording or re-recording, electronic or optical imaging, chemical process, or other process or technique which accurately reproduces the original or forms or creates a durable medium for accurately reproducing the original record.
C. Except as otherwise provided in R.S. 13:3733.1, each reproduction shall be treated for all purposes as if it were the original record, item, document, or instrument.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1991, No. 283, §1; Acts 1995, No. 1093, §1; Acts 1997, No. 39, §1; Acts 1999, No. 123, §1, eff. June 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:128. Financial institutions' holidays; regulations

RS 6:128 - Financial institutions' holidays; regulations
A. Repealed by Acts 1995, No. 1248, §2, eff. June 29, 1995.
B. Whenever it is customary or desirable to observe a day or part of a day as a holiday, any financial institution may, at its option, close for business any or all of its branches or offices, provided that:
(1) Its board of directors adopts a resolution signifying its intention to close, written notice of which shall be sent to the commissioner; and
(2) Prior notice of at least three business days shall be provided by the posting of notices or by publication in one issue of a newspaper of general circulation published in the parish in which the office to be closed is located or through other means of notification.
C.(1) The commissioner may issue regulations establishing additional holidays for financial institutions governed by this Title.
(2) The commissioner may authorize a financial institution to take a holiday or holidays if an emergency arises. Permission to take such a holiday or holidays may be requested by telephonic or facsimile communication with the office of the commissioner.
D. Nothing contained in any law of this state shall in any manner whatsoever affect the validity of, or render void or voidable the payment, certification, or acceptance of a check or other negotiable instrument or any other transaction by a financial institution in Louisiana because done on any holiday, if the payment, certification, acceptance, or transaction could have validly been done on any other day.
E. The provisions of this Section are comprehensive, and are intended to and shall be construed as constituting the entire and exclusive authority governing holidays of financial institutions in the state, notwithstanding the provisions of R.S. 1:55 or any other statute, rule, or regulation governing the same or similar subject matter.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1986, No. 3, §1; Acts 1989, No. 132, §1, eff. June 22, 1989; Acts 1989, No. 245, §1; Acts 1991, No. 281, §1; Acts 1995, No. 1248, §2, eff. June 29, 1995; Acts 1997, No. 42, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:129. Circulating rumor respecting condition of financial institution

RS 6:129 - Circulating rumor respecting condition of financial institution
Any employee of the office of financial institutions who makes, circulates, or transmits in violation of the policies of the office of financial institutions any written, printed, or spoken statement, rumor, report, or suggestion concerning the financial condition of any financial institution organized under the laws of this state shall be dismissed from the office.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:131. Applicability

RS 6:131 - Applicability
This Part applies to the decision of the commissioner to:
A. Grant a certificate of authority for:
(1) The organization of a bank or savings and loan association.
(2) The opening of a branch of an existing bank, trust company, or savings and loan association.
B. Grant permission for:
(1) A bank, trust company, or savings and loan association to convert from a national charter to a state charter.
(2) The merger or consolidation of banks, trust companies, or savings and loan associations.
(3) The transfer of assets of a bank, trust company, or savings and loan association.
(4) The voluntary dissolution of a bank, trust company, or savings and loan association.
Acts 1986, No. 730, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:132. Written decision; reasons; hearing

RS 6:132 - Written decision; reasons; hearing
A. A decision of the commissioner shall be in writing and mailed to the applicant and to any other person who had requested a copy thereof.
B. The commissioner may, in his sole discretion, assign written reasons for his decision which shall be released only to the applicant.
C. The commissioner shall not be required to grant a hearing to any person.
Acts 1986, No. 730, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:133. Reconsideration of decision

RS 6:133 - Reconsideration of decision
A. A person aggrieved by a decision of the commissioner may file an application for reconsideration by the commissioner. An application for reconsideration must be received by the commissioner within fifteen days of his mailing of the original decision on the matter. The right to apply for reconsideration does not automatically stay the decision or enforcement of the decision of the commissioner.
B. An application for reconsideration shall be in writing, identify the decision for which reconsideration is requested, and must include all additional evidence or argument that the applicant wants considered. No hearing or oral argument shall be allowed.
C. The commissioner shall consider the application for reconsideration and render a decision, in writing, which shall be mailed to the applicant and to all persons who had requested a copy of the original decision. The commissioner may, in his sole discretion, assign written reasons which shall be released only to the applicant.
Acts 1986, No. 730, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:134. Judicial review; venue; effect

RS 6:134 - Judicial review; venue; effect
A. A person aggrieved by a decision of the commissioner after the commissioner's decision upon reconsideration, may petition the court for judicial review of the decision.
B. The petition for judicial review must be filed within thirty days of the mailing of the decision of the commissioner on the reconsideration of the original decision.
C. A petition for judicial review shall be proper only in the district court of the judicial district in which the office of financial institutions is domiciled.
D. Judicial review shall be by the court without a jury.
E. The filing of the petition does not itself stay the decision or enforcement of the decision of the commissioner. The commissioner may stay or the court may order a stay of the decision upon application of the aggrieved party and upon appropriate terms.
Acts 1986, No. 730, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:135. Record filed with court

RS 6:135 - Record filed with court
A. Within thirty days of service of the suit upon the commissioner, he shall file a copy of the record of the application and reconsideration, certified by him, with the court.
B. The record shall be confidential and for the in camera review of the court only.
Acts 1986, No. 730, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:137. Judicial review; test; burden

RS 6:137 - Judicial review; test; burden
A. The review by the court shall be limited to whether the decision of the commissioner was arbitrary, capricious, or an abuse of discretion.
B. The petitioner shall bear the burden of proof.
Acts 1986, No. 730, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:138. Remand to the commissioner

RS 6:138 - Remand to the commissioner
Upon review, if the court finds the decision of the commissioner to be arbitrary, capricious, or an abuse of discretion, it shall remand the proceedings to the commissioner for action consistent with the court's orders.
Acts 1986, No. 730, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:201. Definitions

RS 6:201 - Definitions
As used in this Chapter, unless the context requires otherwise:
(1) "Articles" means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only.
(2) "Assets" means all of a state bank's property and rights of every kind.
(3) "Capital" means the sum of capital stock, surplus, and undivided profits or, as to mutual state banks, as defined by R.S. 6:215(B).
(4) "Capital stock" means the sum of the par value of the shares outstanding plus any amounts in excess of par value transferred from surplus to capital stock in respect of such shares less any part of such amounts transferred from capital stock to surplus as permitted by this Chapter.
(5) "Certificate of stock" means a properly executed instrument evidencing the fact that the person therein named is the registered owner of the shares therein described.
(6) "Fiduciary" means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate.
(7) "Insolvency" means that the assets of a state bank are insufficient to satisfy its obligations to its creditors and depositors.
(8) "Issued shares" means outstanding shares.
(9) "Net assets" means the excess of assets over liabilities.
(10) "Stockholder" means the holder of record of one or more shares.
(11) "Shares" means the units into which the stockholders' rights to participate in the control of the state bank, in its profits, or in the distribution of corporate assets are divided.
(12) "Subscriber" means one who subscribes for shares in a state bank whether before or after incorporation.
(13) "Surplus" means sums contributed by stockholders in excess of the par value of shares outstanding plus any amounts transferred from undivided profits pursuant to action by the board of directors.
(14) "Total voting power" means the entirety of the voting power.
(15) "Undivided profits" means paid-in or accumulated net income less distributions to stockholders and transfers to capital stock or surplus.
(16) "Voting power" means the right vested by law or by the articles or the bylaws in the stockholder or in one or more classes of stockholder to vote in the determination of any particular question or matter coming before meetings of the stockholders.
(17) "Voting power present" means that part of the voting power exercisable by the stockholders present in person or represented by proxy at the meeting at which the stockholders take action on a particular question or matter.
(18) "Retained earnings" means the accumulated net income of the mutual state bank since its organization less all distributions to its members.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1997, No. 929, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:211. Incorporation; number of incorporators, application for certificate of authority, filing fee; organization as a limited liability company

RS 6:211 - Incorporation; number of incorporators, application for certificate of authority, filing fee; organization as a limited liability company
A. Only those corporations which organize under the provisions of this Chapter shall be "state banks" under the laws of this state.
B. One or more natural persons, the majority of whom must be domiciled in this state, desiring to incorporate and operate a state bank shall file with the commissioner an application for a certificate of authority to operate a state bank upon such form as the commissioner may from time to time prescribe and the articles of incorporation required by R.S. 6:213. At the time of the filing of the application, the commissioner shall collect the filing fee required in R.S. 6:331.
C. Notwithstanding Subsections A and B, a person may apply to the commissioner to obtain a certificate of authority to organize and operate as a financial institution under this Title as a limited liability company, if the company is formed to have perpetual existence, centralized management, limited liability, and free transferability of interests. An existing financial institution may apply to the commissioner to change its certificate of authority and reorganize and operate as a limited liability company. The commissioner may promulgate rules to clarify any organizational, operational, or other aspects of financial institutions which choose to operate as limited liability companies.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 2003, No. 361, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:212. Corporate name

RS 6:212 - Corporate name
A. The corporate name of a state bank shall include the word "bank" or a form of that word in any combination with other words.
B. Nothing in this Section shall abrogate or limit the law as to unfair competition or unfair practice in the use of trade names nor derogate from the principles of law or the statutes of this state or of the United States with respect to the right to acquire and protect trade names.
C. Repealed by Acts 1997, No. 64, §1.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1995, No. 247, §1, eff. June 14, 1995; Acts 1997, No. 64, §1.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:214. Investigation into proposed state bank

RS 6:214 - Investigation into proposed state bank
When an application for a certificate of authority has been filed with the commissioner, he shall conduct an investigation to determine whether the public interest will be served by permitting the organization of the proposed state bank. In making this investigation, the commissioner shall determine whether the character, financial responsibility, and general fitness of the persons named in the application as proposed incorporators, proposed directors, proposed stockholders, and proposed executive officers are such as to command the confidence of the community in which such bank is proposed to be located. The commissioner shall also examine the need for additional banking facilities in the community where the bank is to be located and the ability of the community to support additional facilities. The commissioner may consider such other facts and circumstances bearing on the proposed bank and its relation to the community as he may deem relevant.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:215. Capital requirements; additional condition precedent

RS 6:215 - Capital requirements; additional condition precedent
A. The articles of incorporation of a state bank must provide for an amount of capital stock with which the state bank will begin business, which amount may not be less than five hundred thousand dollars. The commissioner may require a greater amount of capital if he reasonably deems it necessary for the safe, sound, and proper operation of the state bank.
B. The capital of a mutual state bank shall consist of its retained earnings and such other forms of equity deemed to be qualifying capital by the commissioner.
C. One hundred percent of the capital stock shall be paid in full in cash or by contributions of the initial organizers to defray organizational expenses that may have been approved by the commissioner before a certificate of authority may be issued by the commissioner.
D. This Section shall not apply to banks organized solely for the purpose of effecting a merger with an existing bank.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1997, No. 929, §1; Acts 2001, No. 915, §1, eff. June 26, 2001.
2023 Louisiana Laws › Revised Statutes › Title 6 - Banks and Banking › §6:216. Certificate of authority; issuance, refusal

RS 6:216 - Certificate of authority; issuance, refusal
A. The commissioner shall issue a certificate of authority to transact banking business as a state bank only upon the fulfillment of the requirements of this Chapter.
B. If the commissioner finds that the public interest will not be served by permitting the organization of the proposed state bank, that there is no need for additional banking facilities in the community where the bank is to be located, or that there is a lack of ability within that community to support additional banking facilities, he shall refuse to issue the certificate of authority.
C. The commissioner shall not issue a certificate of authority until the proposed bank presents evidence to him that the deposits of the proposed bank will be insured by the Federal Deposit Insurance Corporation.
Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1985, No. 359, §1, eff. July 9, 1985; Acts 1987, No. 107, §1.