reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 40a - Registration With Commissioner; Reports

Section 40A. Each foreign bank, out-of-state bank and out-of-state federal bank which operates a Massachusetts branch shall register with the commissioner on forms prescribed by him which shall include such information with respect to the financial condition, operations, and management of such bank and related matters as he may deem necessary or appropriate to carry out the purposes of this chapter.
The commissioner, from time to time, may require reports under oath to keep him informed as to whether the provisions of this chapter and the rules and regulations established thereunder have been complied with.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 41 - Access to Vaults, Books and Papers; Summoning Witnesses; Administering Oaths

Section 41. For the purposes of section forty, the commissioner or the person making the examination shall have free access to the vaults, books and papers of any such foreign bank and out-of-state bank, and may summon the directors, officers or agents thereof, and such other witnesses as deemed necessary for examination relative to the affairs, transactions and condition of such banks, and for that purpose is empowered to administer oaths.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 42 - Insolvent Foreign or Out-of-State Banks; Injunction

Section 42. If, upon examination, it appears that any such foreign bank or out-of-state bank is insolvent, or that its capital is impaired, or that its condition is such as to render the continuance of business hazardous to the public or to those having funds in its custody, the commissioner shall apply, or if any such bank appears to have exceeded its powers or failed to comply with any provision of applicable law, may apply to the supreme judicial court, which shall have jurisdiction in equity on such application, to issue an injunction restraining any such bank, in whole or in part, from further proceeding with its business, and to make further orders or decrees as justice and equity may require. The court may appoint one or more receivers to take possession of its property and effects, subject to such directions as may from time to time be prescribed by the court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 48 - Financing of Premises Containing Lead in Paint, Plaster or Materials

Section 48. No bank, lending institution, credit union or mortgagee pursuant to applicable law, or mortgagee doing business in the commonwealth, which for the purposes of this section shall include any bank as defined in section one and shall include any national bank, national banking association, federal savings bank, federal savings and loan association, and federal credit union, or mortgage company defined in chapter two hundred and fifty-five E shall discriminate in any manner in the financing or refinancing of the purchase, improvement, repair or maintenance of a residential premises or dwelling unit solely because the residential premises do or may contain paint, plaster, or other structural materials containing dangerous levels of lead. Any such bank, lending institution, credit union, mortgage company or mortgagee may request and receive a copy of any lead inspection report, letter of interim control, poisoning prevention management plan, letter of full compliance or order to comply issued under the provisions of section one hundred and ninety-four or one hundred and ninety-seven of chapter one hundred and eleven or regulations promulgated thereunder which is in the possession of either the loan applicant or seller, as a condition of processing or granting the loan. Nothing contained in this section shall restrict the right of any such bank, lending institution, credit union, mortgage company or mortgagee to process or deny a mortgage or loan application in accordance with accepted underwriting practices or criteria.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 49 - Definitions Applicable to Secs. 49 to 51

Section 49. Whenever used in this section, and sections 50 and 51, the following words shall, unless the context requires otherwise, have the following meanings:
''Appropriate corrective action'', action taken by the board of directors or trustees of a bank pursuant to findings contained in a compliance review document in accordance with 12 CFR 202.15.
''Compliance review document'', a report prepared for and at the direction of the compliance review supervisor or created by said supervisor, and certified by said supervisor, detailing the results of any self testing program together with recommendations, if any, for appropriate corrective action.
''Compliance review supervisor'', an employee, officer or director of a bank appointed by the board of directors or trustees of such bank to supervise the self testing programs hereinafter defined.
''Fair lending laws'', any federal or state law, rule or regulation which expressly regulates the equal availability of credit including, but not limited to, applicable provisions of chapter 151B and the Federal Equal Credit Opportunity Act.
''Self testing'', any program or study relating to the practice of using fictitious applicants for credit, so-called, ''matched pairs'', and Regression Analysis, that a bank voluntarily conducts or authorizes a third party to conduct to test for distinctions in treatment or discrimination based on any prohibited basis as defined under the applicable sections of chapter 151B or the Federal Equal Credit Opportunity Act, including but not limited to, race, ethnic background or gender at the pre-application and application stage of the residential mortgage lending process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 50 - Compliance Review Supervisor

Section 50. A bank, by vote of its board of directors or trustees, may appoint a compliance review supervisor to conduct self testing programs on a continuing basis. Upon any such appointment, such board of directors or trustees forthwith shall file with the commissioner the name of the person so appointed.
For the purpose of conducting such self testing programs, such supervisor may utilize the services of departments and other employees and officers of the bank and, with the approval of such board of directors or trustees, third-party contractors. The results of any such self testing program, together with all documents and materials relevant thereto, shall be certified by such supervisor as a compliance review document and shall be the property of the bank. The supervisor shall transmit said document to the board of directors or trustees for its review and appropriate corrective action, whenever the same is deemed to be required. Any such compliance review document, together with a statement signed by the directors or trustees detailing appropriate corrective action, if any, taken in consequence thereof, shall be provided to the commissioner during the course of any examination of the bank conducted by him pursuant to section 2.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 51 - Compliance Review Documents; Confidentiality

Section 51. Except as provided in section 50, the proceedings of the compliance review supervisor and the contents of any compliance review document shall, notwithstanding any other law or regulation to the contrary, remain confidential and shall not be discoverable or admissible in evidence in any civil proceeding, except an enforcement proceeding brought under state law by the appropriate federal or state regulator of the bank, arising out of or related to any self testing programs conducted by such supervisor. A person who assists in any such program or who prepares, reviews or receives such compliance review document shall not be required to give testimony in any civil proceeding, except such enforcement proceeding by such federal or state regulator, as to any matters concerning the contents of any such compliance review document. Any evidence elicited from any such person relative thereto shall, except for said exception, be inadmissible in any such civil proceeding brought under state law.
The provisions of this section shall not apply to any such compliance review document if, after the receipt of a compliance review document from the compliance review supervisor, the board of directors or trustees of the bank:
(a) fails to take appropriate corrective action, unless a reasonable good faith determination has been made in writing by said directors that such action is not required; or
(b) voluntarily discloses all or any part of the details or conclusions of said compliance review document to an applicant or to the public, or otherwise uses the same as a defense to charges that the bank has violated any fair lending law; provided, however, that the disclosure to an applicant or to the public that the bank has a self testing program in existence or the release of said compliance review document to the commissioner or the bank's primary federal regulator shall not be deemed to be a voluntary disclosure for this purpose.
The provisions of this section shall not apply to any information required by law or regulation to be maintained by or provided to a governmental agency while such information is in the possession of such agency to the extent that applicable law authorizes or requires its disclosure.
Nothing in this section shall be construed so as to limit the discovery or admissibility into evidence in any civil action of documents that have not been certified as compliance review documents.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167a - Bank Holding Companies › Section 3 - Acts Not Requiring Approval by Board; Applicability of Secs. 2 and 4

Section 3. The prohibitions contained in section two shall not apply to (1) stock acquired in good faith in a fiduciary capacity except where such stock is held for the benefit of the shareholders of a banking institution or bank holding company; (2) stock accepted in good faith as collateral security for advances made or stock required in the regular course of securing or collecting a debt previously contracted in good faith; provided, such stock shall be sold or otherwise disposed of within the term of five years from the date of its acquisition unless its further holding is approved by the board of bank incorporation; (3) stock acquired as a consequence of a merger or consolidation of one banking institution with another, or the conversion of one banking institution into another, or the sale of assets of one banking institution to another where the stock acquired does not represent a larger percentage interest in the stock of the banking institution in which acquired than was held prior to such consolidation, merger, conversion or sale by the bank holding company in the banking institution consolidated, merged or converted, or whose assets were the subject of the sale; or (4) any stock acquired in connection with the underwriting of the issue of such stock and which is held only for such period of time as will permit the sale thereof on a reasonable basis.
If the commissioner determines that the reciprocity, age of institution and deposit cap requirements under section 2 have been met, then the other provisions of section 2 shall not apply to the acquisition by a bank holding company or a company or a banking institution that would become a bank holding company; provided, however, that a banking institution or other bank holding company shall be merged, consolidated, its assets purchased or established on an interim basis simultaneously with the acquisition of the shares of the banking institution or other bank holding company; provided further, that the company or bank holding company is not operated by the acquiring bank holding company, company or banking institution as a separate entity other than as the survivor of the merger, consolidation or asset purchase; and provided further, that the transaction is approved by the commissioner. The provisions of section 4 relative to the Massachusetts Housing Partnership Fund shall apply to any transaction which but for the exemption provided for in this paragraph would have been subject to such provisions. The commissioner shall not approve any transaction until the commissioner has received notice from the Massachusetts Housing Partnership Fund that satisfactory arrangements have been made pursuant to said section 4.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167a - Bank Holding Companies › Section 3a - Bank Holding Company Subsidiaries Acting as Agents

Section 3A. Any banking institution doing business in the commonwealth that is a subsidiary of a bank holding company may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans and other obligations in the commonwealth as an agent for another banking institution, whether located within the commonwealth or in another state, which is a subsidiary of the same bank holding company; provided, however, that the banking institution so acting as agent pursuant to this section shall not be deemed to be a branch of the principal banking institution. A banking institution acting as such agent pursuant to this section shall not conduct any activity which it would be prohibited from conducting as a principal under any state or federal law or, as a principal, have any such agent conduct any activity which such institution would be prohibited from conducting under any state or federal law. Any such agency relationship shall be consistent with safe and sound banking practices and all applicable regulations of the commissioner. For the purposes of this section, the term ''bank holding company'' shall have the same meaning as set forth in the Bank Holding Company Act of 1956 12 USC 1841 et seq.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167a - Bank Holding Companies › Section 5 - Registration of Certain Companies With Commissioner; Reports; Examinations; Rules and Regulations

Section 5. (a) Each bank holding company shall register with the commissioner on forms prescribed by him which shall include such information with respect to the financial condition, operations, management and intercompany relationships of the bank holding company and its affiliates and related matters as he may deem necessary or appropriate to carry out the purposes of this chapter. The commissioner may, in his discretion, extend the time within which a bank holding company shall register and file the requisite information.
(b) The commissioner, from time to time, may require reports under oath to keep him informed as to whether the provisions of this chapter and the rules and regulations established thereunder have been complied with, and, except in the case of a national banking association, he may make examinations of each bank holding company and each affiliate thereof, the cost of which shall be assessed against and paid by such holding company.
(c) The commissioner may establish such rules and regulations as he deems necessary to carry out the purposes of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167a - Bank Holding Companies › Section 6 - Fines and Penalties for Violations

Section 6. (a) Any company which knowingly violates any provision of this chapter or any regulation or order issued by the commissioner pursuant thereto may be punished by a fine of not more than one hundred dollars for each day during which such violation continues.
(b) Any individual who willfully participates in a violation of this chapter, or any rule or regulation of the commissioner issued pursuant thereto, shall be punished by a fine of not more than five thousand dollars.
(c) Any individual who swears or affirms that any report required by the commissioner pursuant to this chapter is true, knowing the same to be false, shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both.
(d) Any officer, director, trustee, employee or agent of any bank holding company or affiliate thereof who makes any false entry in any book, record or statement of such company or affiliate with the intent to deceive any examiner lawfully appointed to examine into its condition or into any of its affairs, or who, with like intent, willfully omits to make a true entry of any material pertaining to the business of such company or affiliate in any book, report, record or statement of such company or affiliate, made, written or kept by him or under his direction shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the state prison for not more than ten years, or in a jail or house of correction for not more than two and one half years, or by both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167a - Bank Holding Companies › Section 8 - Confidentiality of Information in Any Application Filed With the Board of Bank Incorporation

Section 8. A banking institution, a bank holding company, a company or a mutual holding company, as defined in section 1 of chapter 167H, may request that specific information in any application filed with the board of bank incorporation be eligible for confidential treatment. The following information shall be eligible for confidential treatment: (i) personal information, the release of which would constitute a clearly unwarranted invasion of privacy; (ii) commercial or financial information, the disclosure of which could result in substantial competitive harm to the submitter; and (iii) information, the disclosure of which could seriously affect the financial condition of any such banking institution, bank holding company, company or mutual holding company. The board may determine that certain information should be treated as confidential and withhold that information from the public file.
If any such banking institution, bank holding company, company or mutual holding company requests confidential treatment for information that the board determines not to be confidential, the board may include that information in the public file after notifying the banking institution, bank holding company, company or mutual holding company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 6 - Consumer Access to Electronic Fund Transfer

Section 6. A person shall not issue to a consumer an access device to the consumer's account for the purpose of initiating an electronic fund transfer other than: (1) in response to a request or application therefor and upon verification of the consumer's identity, which may be by any reasonable means such as by photograph, fingerprint, personal visit, signature comparison or appropriate non-documentary means; or (2) as a renewal of, or in substitution for, an accepted access device, whether issued by the initial issuer or a successor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 6a - Security Options

Section 6A. In order to promote the security of electronic fund transfers, financial institutions shall make available to consumers:
(a) Options to limit the total amount of cash which can be withdrawn through the use of an electronic branch, from a consumer's account in a single day; provided, however, that if more than one consumer has been issued an access device to the consumer's account, such options may be made available to each such consumer. The options shall include, but need not be limited to, a limit of fifty dollars.
(b) An option to limit access through an electronic branch to one or more specified accounts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 7 - Prohibitions

Section 7. No person may:
(1) condition the extension of credit to a consumer on such consumer's repayment by means of preauthorized electronic fund transfers;
(2) require a consumer to accept an electronic fund transfer service or to establish an account for receipt of electronic fund transfers with a financial institution as a condition of employment or receipt of a government benefit; provided, however, that where a consumer's account is to be credited by a preauthorized electronic fund transfer, the consumer shall have the choice of selecting the financial institution to which the transfer shall be made if such institution is technically capable of receiving such a transfer; or
(3) condition the sale of goods or services to a consumer on such consumer's payment by means of an electronic fund transfer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 10 - Preauthorized Transfers

Section 10. A preauthorized electronic fund transfer from a consumer's account may take place only if the consumer has authorized the transfer in writing. A copy of the authorization shall be provided to the consumer at the time of his signing.
If, under the terms of an authorization given by a consumer directly to a financial institution, the financial institution is to initiate a preauthorized electronic fund transfer from the consumer's account in that institution, without the consumer's specific instruction, the authorization shall disclose in clear and readily understandable language:
(1) the dates or time period when the preauthorized electronic fund transfer or transfers will take place;
(2) the consumer's right to revoke authorization;
(3) the procedure for revoking authorization;
(4) the limiting amount; and
(5) the consumer's right to notice of deficiency.
If, under the terms of an authorization given by a consumer directly to a financial institution, the financial institution is to initiate a preauthorized electronic fund transfer from the consumer's account in that institution, without the consumer's specific instruction, the authorization shall not exceed the limiting amount specified in the authorization, and if a preauthorized electronic fund transfer pursuant to the authorization would exceed such amount, any amount in excess of such limiting amount shall not be transferred until approved by the consumer.
Where a preauthorized electronic fund transfer from the consumer's account varies in amount from the previous transfer relating to the same authorization, or the preauthorized amount, the financial institution or the designated payee shall mail or deliver at least ten days before the scheduled transfer date, a written notice of the amount and scheduled date of transfer. If the financial institution or designated payee informs the consumer of the right to receive notice of all varying transfers, the consumer may elect to receive notice only when a transfer does not fall within a specified range of amounts or, alternatively, only when a transfer differs from the most recent transfer by more than an agreed-upon amount.
A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer.
The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.
If a financial institution refuses payment of a preauthorized electronic fund transfer because the consumer's account has insufficient funds to cover the transfer the financial institution shall mail or deliver to the consumer, on or before the next business day, notice of the financial institution's refusal to pay the transfer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 11 - Waiver of Rights

Section 11. No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this chapter. Nothing in this section prohibits, however, any writing or other agreement which grants to a consumer a more extensive right or remedy or greater protection than contained in this chapter or a waiver given in settlement of a dispute or action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 13 - System Malfunction; Suspension of Obligation

Section 13. If a system malfunction prevents the effectuation of an electronic fund transfer initiated by a consumer to another person, and such other person has agreed to accept payment by such means, the consumer's obligation to the other person shall be suspended until the malfunction is corrected and the electronic fund transfer may be completed, unless such other person has subsequently, by written request, demanded payment by means other than an electronic fund transfer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 14 - Identifying Numbers; Social Security Number; Prohibition

Section 14. The consumer's United States Social Security number shall not be used as a central information file number, personal identification number, primary financial account number, or a subpart thereof. Such social security number shall not be used to electronically identify the consumer to any financial institution or organization, provided, however, that it may be used to assist a financial institution or organization in verifying the identity of a consumer and provided, further, that such social security number is not used to circumvent or evade the prohibition of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 15 - Credit or Cash Refunds

Section 15. If it is the policy of a person to give cash refunds for payments made by cash, such person shall also give credit or cash refunds for payments made by electronic fund transfers, unless it is clearly and conspicuously disclosed at the time the transaction is consummated that such person does not give credit or cash refunds for payments made by electronic fund transfers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 16 - Disclosure of Information

Section 16. (a) A person may not disclose information regarding any account or electronic fund transfer to any person except:
(1) the consumer making the transfer;
(2) any other person who is a party to an electronic funds transfer or is necessary to effectuate the transfer, but only to the extent that the information disclosed is necessary to effectuate the transfer;
(3) to a person authorized by law to have access to the records of the financial institution or organization in the course of such person's official duties;
(4) pursuant to a court order or lawful subpoena;
(5) to communicate the terms and history of a specifically identified account to a consumer reporting agency as defined in section fifty of chapter ninety-three, or to any other person meeting the requirements of clause (3) of section fifty-one of said chapter ninety-three;
(6) to any attorney or collection agent of the financial institution or organization;
(7) to an employee or other auditor of the financial institution or organization solely for the purpose of an official audit or accounting or to any other person for the purpose of servicing the account relationship, including preparation of the periodic statement of account, but only to the extent actually necessary;
(8) to an employee of the financial institution or organization for the purpose of pursuing or disposing of a dispute or claim involving an account; or
(9) pursuant to the written authorization of the consumer; provided, however, that such authorization shall not remain in effect longer than forty-five days.
(b) If information regarding any account or electronic funds transfer is disclosed pursuant to a court order or the summons of a governmental agency, the information shall be made available not earlier than a date specified in such order or summons as the date on which delivery of information must occur, if an information delivery date is specified in such order or summons.
(c) A person shall maintain reasonable procedures acceptable to the commissioner of banks designed: (i) to prevent any disclosure, other than a disclosure permitted by subsection (a), of information regarding an account or electronic funds transfer to any third party; and (ii) to make the person aware of the occurrence of any such unauthorized disclosure. If a person becomes aware of such an unauthorized disclosure, it shall, not later than three days after it obtains such knowledge, disclose to the applicable consumer the fact of the occurrence of the unauthorized disclosure and the particulars thereof known to the person.
(d) A person may not sell lists containing names, addresses, or other information concerning consumers using their electronic funds transfer system.
(e) A person may not incorporate its electronic fund transfer system lines with any other system for the purpose of ascertaining the physical location of a consumer using an electronic funds transfer system at the time of effecting a transfer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 17 - Remedies for Wrong Resolution of Account Error Resulting From Electronic Funds Transfer

Section 17. A financial institution shall comply with the requirements and a consumer shall be entitled to the remedies for error resolution for an electronic fund transfer required in accordance with the Electronic Funds Transfer Act, 15 USC 1693 et seq. and regulations promulgated thereunder. If in an action under section 20, the court finds that the financial institution knowingly and willfully concluded that the consumer's account was not in error when the conclusion could not reasonably have been drawn from the evidence available to the financial institution at the time of its investigation, then the consumer shall be entitled to treble damages determined under clause (1) of subsection (a) of said section 20.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 19 - Liability of Financial Institution to Consumer

Section 19. (a) Subject to subsections (b) and (c), a financial institution shall be liable to a consumer for all damages proximately caused by:
(1) the financial institution's failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where:
(A) the consumer's account has insufficient funds;
(B) the funds are subject to legal process or other encumbrance restricting such transfer;
(C) such transfer would exceed an established credit limit; or
(D) an electronic branch has insufficient cash to complete the transaction,
(2) the financial institution's failure to make an electronic fund transfer due to insufficient funds when the financial institution failed to credit, in accordance with the terms and conditions of an account, a deposit of funds to the consumer's account which would have provided sufficient funds to make the transfer, and
(3) the financial institution's failure to stop payment of a preauthorized transfer from a consumer's account when instructed to do so in accordance with the terms and conditions of the account.
(b) A financial institution shall not be liable under clauses (1) and (2) of subsection (a) if the financial institution shows by a preponderance of the evidence that its action or failure to act resulted from—
(1) an act of God or other circumstance beyond its control, that it exercised reasonable care to prevent such an occurrence, and that it exercised such diligence as the circumstances required; or
(2) a technical malfunction which was known to the consumer at the time he attempted to initiate an electronic fund transfer or, in the case of a preauthorized transfer, at the time such transfer should have occurred.
(c) In the case of a failure described in subsection (a) which was not intentional and which resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, the financial institution shall be liable for actual damages proved.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 22 - Actions and Proceedings; Injunctions; Penalties

Section 22. (a) Whenever the commissioner has reason to believe that any person is in violation of any provision of this chapter, and that proceedings would be in the public interest, the commissioner may request the attorney general to bring an action in the name of the commonwealth against such person to restrain the violation by temporary restraining order or preliminary or permanent injunction. The action may be brought in the superior court of the county in which such person resides or has his principal place of business, or the action may be brought in the superior court of Suffolk county with the consent of the parties or if the person has no place of business within the commonwealth. Said court may issue temporary restraining orders or preliminary or permanent injunctions.
(b) Any person who violates the terms of an injunction or other order issued under this section shall forfeit and pay to the commonwealth a civil penalty of not more than ten thousand dollars for each violation. For the purposes of this section, the court issuing such injunction or order shall retain jurisdiction, and the cause shall be continued, and in such case the attorney general acting in the name of the commonwealth may petition for recovery of such civil penalty.
(c) In any case where the commissioner has authority to request that the attorney general institute an action or proceedings under this section, in lieu thereof the commissioner may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act or practice. Any such assurance of discontinuance shall be in writing and be filed with the superior court of Suffolk county.
(d) The commissioner may issue a cease and desist order upon a finding that a person is utilizing an electronic branch in a manner not specifically authorized by this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167b - Electronic Branches and Electronic Fund Transfers › Section 24 - Assessment

Section 24. The commissioner of banks shall make an assessment in each fiscal year against all electronic branches established and operated under this chapter or chapter 167C or 171. Said assessments shall be made at rates as shall be determined by the commissioner as sufficient to produce revenue to reimburse the commonwealth for all costs and expenses incurred by the division of banks for such fiscal year in meeting the requirements imposed under this chapter, including, but not limited to, costs and expenses incurred in examining entities and organizations in their operations and use of electronic branches, in hiring personnel, acquiring additional equipment and such other costs and expenses determined by the commissioner as reasonable and necessary to meet such requirements.
In determining the rates of assessments, the commissioner shall consider the amounts of the other assessments and fees paid by banks and credit unions to state and federal bank regulators for the supervision, regulation and examination of their banking operations. The rate of the assessment on such banks and credit unions shall not exceed 50 per cent of the amount assessed by the commissioner on non-bank ATM providers for a non-bank electronic branch.
The owner or lessor of each electronic branch shall pay the assessment in a manner determined by the commissioner.
The amount assessed annually under this section shall not be less than the average of the amount assessed in the last 3 fiscal years.
For the purposes of this section, the word ''bank'' shall include a bank, a federal bank, an out-of-state bank and an out-of-state federal bank as defined in section 1 of chapter 167. The term ''credit union'' shall mean a credit union, a federal credit union and a foreign credit union as defined in section 1 of chapter 171.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167c - Bank Locations › Section 2 - Main Office; Change of Location

Section 2. The main office of a bank shall be in the town specified in its charter or in its agreement of association or in such other town to which the office has been lawfully moved or to which it may be moved as provided in this section. The location of the main office of a bank may be changed to a point in the town of its location or to another town within the commonwealth with the written consent of the commissioner. The business conducted by a bank at its main office shall include not less than 1 of the following transactions: receiving deposits; paying withdrawals; or making loans.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167c - Bank Locations › Section 3 - Branch Offices or Depots

Section 3. A bank which has received a rating of satisfactory or higher in its most recent examination pursuant to section 14 of chapter 167 and which is adequately capitalized, and has not been notified that it is in troubled condition, may establish and maintain 1 or more branch offices or depots in a city or town within the commonwealth upon at least 60 days written notice in advance thereof to the commissioner; but, if in the opinion of the commissioner, the public would not benefit by the establishment of the additional banking facilities or that competition among banking institutions would be adversely affected thereby, he may disapprove the same in writing within the 60–day period.
A bank, national banking association, federal savings and loan association or federal savings bank located in the commonwealth, the majority of shares of the voting stock of which is owned by a bank holding company pursuant to chapter 167A, 167H, or 12 USC 1841 et seq., if the main office of such company is located in the commonwealth, may transact with a customer business which pertains to the customer's accounts maintained at any other bank located in the commonwealth the majority of the voting shares of which is owned by the same bank holding company in like manner.
With the written consent of the commissioner and under procedures as he may require, a branch office or depot may be closed or its location may be changed; but before approving the closing or relocation, the commissioner shall determine that the area served by the branch office or depot will not be adversely affected thereby. In making that determination, the commissioner shall consider the effects of the closing as it relates to the availability of credit in the area, the convenience and necessity of deposit services therein, and other factors he considers appropriate.
The business at a depot shall be transacted only on the days designated by the governing board thereof, and shall be limited to the receipt of deposits and collection of moneys due or payable to the bank, and the business shall be subject to such other conditions, prescribed by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167c - Bank Locations › Section 5 - Investigation Fees; Classifications and Differentiations of Banks

Section 5. Every notice or application to change the location of the main office to establish and maintain 1 or more branch offices or depots, or to change the location or close 1 or more branch offices or depots shall be accompanied by payment of an investigation fee, the amount of which shall be determined annually by the commissioner of administration under section 3B of chapter 7 of the General Laws. To determine the investigation fee to establish a branch office, the commissioner of administration may make such classifications and differentiations of banks and may provide adjustments to the fee as are necessary; provided, however, that such classifications and differentiations may be based on: (i) the asset size of the bank; (ii) the number of existing branch offices of the bank; or (iii) other criteria as determined by the commissioner of administration; provided further, that the fee shall be consistent with and equal to the amount of the investigation fee to establish a branch office imposed on credit unions in section 8 of chapter 171.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167c - Bank Locations › Section 6 - Establishment of Branch by Bank Through Merger or Consolidation With or Purchase of Foreign, Out-of-State or Out-of-State Federal Bank

Section 6. A bank, upon approval by the commissioner of an application therefor in prescribed manner and form and in accordance with applicable law, may establish and maintain branches through a merger or consolidation with or by the purchase of the whole or any part of the assets or stock of a foreign bank, out-of-state bank or out-of-state federal bank. A request for the approval by the commissioner shall be accompanied by an investigation fee the amount of which shall be determined annually by the secretary of administration and finance pursuant to section 3B of chapter 7.
The offices of a foreign bank, out-of-state bank or out-of-state federal bank merged or consolidated with or whose assets or stock were purchased pursuant to this section, may be maintained as branch offices of the bank; provided, however, the resulting branch outside the commonwealth shall be considered to be an out-of-state branch and subject to the supervision of the commissioner and the applicable laws of the jurisdiction in which the out-of-state branch is located.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167c - Bank Locations › Section 7 - Branch De Novo in Foreign State or Country

Section 7. A bank, with the approval of and under conditions imposed by the commissioner, may establish a branch de novo in a state of the United States other than the commonwealth or in a foreign country in accordance with the laws of the state or foreign country, and may exercise the powers at the branch de novo as are permitted to banks existing by the authority of the jurisdiction in which the branch is located, unless the commissioner determines that the exercise of the powers is unsafe or unsound.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167c - Bank Locations › Section 8 - Cooperative Agreements With Other Jurisdictions for Regulatory Supervision of Branches

Section 8. Notwithstanding any other law to the contrary, the commissioner may enter into a cooperative agreement with bank regulators in jurisdictions other than the commonwealth to facilitate the regulatory supervision of Massachusetts and out-of-state branches including an agreement relative to the coordination of examinations or joint participation in examinations of the branches, and may accept reports of examinations by the regulators pursuant to the agreement. The commissioner may also enter into an agreement providing for enforcement actions against Massachusetts and out-of-state branches. The agreement may include provisions relative to the amount and assessment of fees for an examination or enforcement action. Nothing in this section shall be construed to limit the authority of the commissioner to independently conduct examinations of and enforcement actions against a branch.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167c - Bank Locations › Section 9 - Bank as Agent for Another Banking Institution

Section 9. A bank may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans and other obligations in the commonwealth or in any other state as an agent for another banking institution, whether located within the commonwealth or in another state. The banking institution acting as such agent shall not be considered to be a branch of the principal banking institution. A banking institution acting as such agent shall not conduct an activity which it would be prohibited from conducting as a principal under a state or federal law, or, as a principal, have an agent conduct an activity which the institution would be prohibited from conducting under a state or federal law. The agency relationship shall be consistent with safe and sound banking practices and all applicable regulations of the commissioner. For the purposes of this section, a banking institution shall mean a bank, federal bank, foreign bank, out-of-state bank and an out-of-state federal bank as such terms are defined in section 1 of chapter 167.