reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 37 - MISSISSIPPI ENTITY CONVERSION AND DOMESTICATION ACT (§§ 79-37-101 — 79-37-604) › Article 5 - DOMESTICATION (§§ 79-37-501 — 79-37-506) › Section 79-37-504 - Amendment or abandonment of plan of domestication

(a)
A plan of domestication of a domestic domesticating entity may be amended:
(1)
In the same manner as the plan was approved, if the plan does not provide for the manner in which it may be amended; or
(2)
By its governors or interest holders in the manner provided in the plan, but an interest holder that was entitled to vote on or consent to approval of the domestication is entitled to vote on or consent to any amendment of the plan that will change:
(A)
The amount or kind of interests, securities, obligations, money, other property, rights to acquire interests or securities, or any combination of the foregoing, to be received by any of the interest holders of the domesticating entity under the plan;
(B)
The public organic record, if any, or private organic rules of the domesticated entity that will be in effect immediately after the domestication becomes effective, except for changes that do not require approval of the interest holders of the domesticated entity under its organic law or organic rules; or
(C)
Any other terms or conditions of the plan, if the change would adversely affect the interest holder in any material respect.
(b)
After a plan of domestication has been approved by a domestic domesticating entity and before a statement of domestication becomes effective, the plan may be abandoned as provided in the plan. Unless prohibited by the plan, a domestic domesticating entity may abandon the plan in the same manner as the plan was approved.
(c)
If a plan of domestication is abandoned after a statement of domestication has been delivered to the Secretary of State for filing and before the statement becomes effective, a statement of abandonment, signed by the entity, must be delivered to the Secretary of State for filing before the statement of domestication becomes effective. The statement of abandonment takes effect on filing, and the domestication is abandoned and does not become effective. The statement of abandonment must contain:
(1)
The name of the domesticating entity;
(2)
The date on which the statement of domestication was filed by the Secretary of State; and
(3)
A statement that the domestication has been abandoned in accordance with this section.
Added by Laws, 2014, ch. 399, SB 2322, 29, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 37 - MISSISSIPPI ENTITY CONVERSION AND DOMESTICATION ACT (§§ 79-37-101 — 79-37-604) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 79-37-601 — 79-37-604) › Section 79-37-601 - Consistency of application

In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it.
Added by Laws, 2014, ch. 399, SB 2322, 32, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 37 - MISSISSIPPI ENTITY CONVERSION AND DOMESTICATION ACT (§§ 79-37-101 — 79-37-604) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 79-37-601 — 79-37-604) › Section 79-37-602 - Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act,
15 USC Section 7001
, et seq., but does not modify, limit, or supersede Section 101(c) of that act,
15 USC Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 USC Section 7003(b)
.
Added by Laws, 2014, ch. 399, SB 2322, 33, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 37 - MISSISSIPPI ENTITY CONVERSION AND DOMESTICATION ACT (§§ 79-37-101 — 79-37-604) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 79-37-601 — 79-37-604) › Section 79-37-603 - Savings clause

This chapter does not affect an action commenced, proceeding brought, or right accrued before January 1, 2015.
Added by Laws, 2014, ch. 399, SB 2322, 34, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 37 - MISSISSIPPI ENTITY CONVERSION AND DOMESTICATION ACT (§§ 79-37-101 — 79-37-604) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 79-37-601 — 79-37-604) › Section 79-37-604 - Severability clause

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Added by Laws, 2014, ch. 399, SB 2322, 35, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-1 - through 81-1-53 - [Repealed]

Repealed by Laws, 1980, ch. 312, § 40, eff. 3/21/1980.
Codes, 1942, §§ 5153, 5162-5189; Laws, 1934, ch. 146; 1936, ch. 165; 1944, ch. 260, §§ 1-3; 1946, ch. 396, § 1; 1948, ch. 206, §§ 1-3; 1952, ch. 181, §§ 1-3; 1956, ch. 146; 1958, chs. 162-164, 166; 1966, chs. 240, 242-246, 445 §§ 10-12; 1970, chs. 269, 520; 1971, ch. 388; 1972, ch. 406, § 1.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-54 - [Repealed]

Repealed by Laws, 2001, ch. 410, § 1, eff. 7/1/2001.
Laws, 1979, ch. 301, § 50; Laws, 1982, ch. 303, § 1; Laws, 1990 Ex Sess, ch. 46, § 32; Laws, 1993, ch. 442, § 1; Laws, 1994, ch. 622, § 2; Laws, 1997, ch. 497, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-55 - [Repealed]

Repealed by Laws, 1980, ch. 312, § 40, eff. 3/21/1980.
Laws, 1978, ch. 310, § 1.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-57 - Definitions

(1)
For the purposes of this chapter, the following words shall have the following meanings, unless the context otherwise requires:
(a)
"Department" shall mean the Department of Banking and Consumer Finance established in Section
81-1-59
.
(b)
"Commissioner" shall mean the Commissioner of Banking and Consumer Finance as provided for in Section
81-1-61
.
(c)
"Board" shall mean the State Board of Banking Review established in Section
81-3-12
.
(2)
Wherever the following words appear in Title 81 of the Mississippi Code of 1972, or in any other laws of the State of Mississippi, they shall be construed to have the following meanings:
(a)
"Department of Bank Supervision" or "department," when referring to the Department of Bank Supervision, shall be construed to mean the Department of Banking and Consumer Finance.
(b)
"State Comptroller" or "comptroller," when referring to the office of State Comptroller of Banks, shall be construed to mean the Commissioner of Banking and Consumer Finance.
(c)
"State Banking Board," "banking board" or "board," when referring to the State Board of Banking Review or the State Banking Board, shall be construed to mean the State Board of Banking Review.
Laws, 1980, ch. 312, § 2; reenacted, Laws, 1982, ch. 303, § 2; Laws, 1990 Ex Sess, ch. 46, § 1; Laws, 1993, ch. 442, § 2; Laws, 1994, ch. 622, § 3; reenacted without change, Laws, 1997, ch. 497, § 2; reenacted without change, Laws, 2001, ch. 410, § 2, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-59 - Department of banking and consumer finance

The Department of Banking and Consumer Finance is hereby created, and it is solely charged with the execution of all laws relating to corporations, carrying on a banking business in the State of Mississippi. The office of the Department of Banking and Consumer Finance shall be in the City of Jackson, Mississippi, and the Secretary of State shall provide suitable quarters therefor.
Laws, 1980, ch. 312, § 3; reenacted, Laws, 1982, ch. 303, § 3; Laws, 1990 Ex Sess, ch. 46, § 2; Laws, 1993, ch. 442, § 3; Laws, 1994, ch. 622, § 4; reenacted without change, Laws, 1997, ch. 497, § 3; reenacted without change, Laws, 2001, ch. 410, § 3, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-61 - Commissioner of Banking and Consumer Finance; qualifications; term of office; vacancies

The management, control and direction of the department shall be vested in the Commissioner of Banking and Consumer Finance, who shall be directly responsible for the proper functioning of the department. The commissioner shall be a banker who possesses not less than ten (10) consecutive years of active banking experience of which five (5) years' experience were performed in a major policy-making function as an executive officer, or shall be a person who possesses fifteen (15) years of active experience as a state or federal financial institutions examiner. The commissioner shall have been active in such major policy-making function or actively employed by the state or federal financial institutions regulatory authority within the previous five (5) years of his appointment. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, for a term of office of four (4) years, commencing on the day of appointment or on July 1 of the year in which the Governor is inaugurated, whichever comes first. The commissioner shall serve until his successor is appointed and qualified, but in no event shall he serve past the July 1 occurring after the end of the term of the Governor who appointed him, unless he shall be reappointed by the new Governor. If, for any cause, a vacancy occurs in the office of the commissioner, the Governor shall make the appointment for the unexpired term.
The commissioner shall be of good moral character, thoroughly understanding the theory and practice of banking, and must be a qualified elector of the State of Mississippi. The commissioner shall not be an officer, director or employee of any banking corporation during his entire term as commissioner, effective from the time of his appointment.
The commissioner may be removed by the Governor for good cause, but only after notice and a hearing.
Laws, 1980, ch. 312, § 4; reenacted, Laws, 1982, ch. 303, § 4; Laws, 1990 Ex Sess, ch. 46, § 3; Laws, 1993, ch. 442, § 4; Laws, 1993, ch. 587, § 1; reenacted and amended, Laws, 1994, ch. 622 § 5; reenacted without change, Laws, 1997, ch. 497, § 4; reenacted without change, Laws, 2001, ch. 410, § 4, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-63 - Deputy commissioner; duties; qualifications; dismissal

The commissioner shall appoint a deputy commissioner, with the approval of the board, who shall perform such duties as may be required of him by the commissioner. If the office of the commissioner is vacant or if the commissioner is absent or unable to act, the deputy commissioner shall be the acting commissioner. The deputy commissioner shall have five (5) years' experience as a bank officer or employee, or three (3) years' experience as a bank president or managing officer of a bank, or five (5) years' experience as a state or federal bank examiner.
Copies of papers in the office of the department may be certified by the deputy commissioner, with the seal of the department affixed thereto, with like effect as though certified by the commissioner. The commissioner shall be responsible for all acts of the deputy commissioner, and may dismiss him at his pleasure, with the reasons therefor to be reported to the board within ten (10) days of the dismissal.
Laws, 1980, ch. 312, § 5; reenacted, Laws, 1982, ch. 303, § 5; Laws, 1990 Ex Sess, ch. 46, § 4; Laws, 1993, ch. 442, § 5; reenacted and amended, Laws, 1994, ch. 622, § 6; reenacted without change, Laws, 1997, ch. 497, § 5; reenacted without change, Laws, 2001, ch. 410, § 5, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-67 - Oath of office and bond

The commissioner and the deputy commissioner each shall, before entering upon the discharge of their respective duties, take and subscribe the constitutional oath of office and shall execute to the State of Mississippi a bond in the sum of Fifty Thousand Dollars ($50,000.00) with a surety company authorized to do business in this state, to be delivered to and approved by the Treasurer of the State of Mississippi.
The state bank examiners shall, before entering upon the discharge of their duties, take and subscribe the constitutional oath of office and shall execute to the State of Mississippi a bond in the sum of Twenty Thousand Dollars ($20,000.00) with a surety company authorized to do business in this state, to be delivered to and approved by the Treasurer of the State of Mississippi.
These bonds shall, by the terms thereof, be payable to the state, and shall be liable to the state in actions brought by the Attorney General on behalf of the state, and shall also be liable in actions brought by anyone aggrieved by breach thereof. The bonds shall be conditioned for the faithful and impartial performance of the duties of the particular office for which the bond was given, for the faithful and proper handling and accounting for all funds, and for the payment of all damages and costs which may accrue under provisions of law.
Laws, 1980, ch. 312, § 7; reenacted, Laws, 1982, ch. 303, § 7; Laws, 1990 Ex Sess, ch. 46, § 6; Laws, 1993, ch. 442, § 7; Laws, 1994, ch. 622, § 8; reenacted without change, Laws, 1997, ch. 497, § 7; reenacted without change, Laws, 2001, ch. 410, § 7, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-69 - Salary of the commissioner

The salary of the commissioner shall be fixed by the Governor in conjunction with the State Compensation Plan, and shall be payable monthly out of the funds of the department.
Laws, 1980, ch. 312, § 8; reenacted, Laws, 1982, ch. 303, § 8; Laws, 1990 Ex Sess, ch. 46, § 7; Laws, 1993, ch. 442, § 8; Laws, 1993, ch. 587, § 2; Laws, 1994, ch. 622, § 9; reenacted without change, Laws, 1997, ch. 497, § 8; reenacted without change, Laws, 2001, ch. 410, § 8, eff. 7/1/2001.
Amended by Laws, 2022, ch. 508, HB 1426,§ 11, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-71 - Reimbursement of travel expenses; annual audit

The commissioner, all examiners and any employee required to travel shall be allowed expenses incident to the discharge of their official duties while away from their places of residence, and mileage for each mile necessarily traveled in the discharge of their official duties, as provided in Section
25-3-41
. Such expenses shall be paid out of the department funds upon vouchers approved by the commissioner, and each voucher for expenses shall be accompanied by an itemized statement of the same.
The State Department of Audit shall make an annual audit of the books and records having to do with receipts and expenditures of funds of the department. The chief inspector shall file a copy of his report with the commissioner and the Governor, and insofar as is practicable, the commissioner shall incorporate the exhibits and schedules of receipts and disbursements for each year in his annual report to the Legislature.
Laws, 1980, ch. 312, § 9; reenacted, Laws, 1982, ch. 303, § 9; Laws, 1987, ch. 328; Laws, 1990 Ex Sess, ch. 46, § 8; Laws, 1993, ch. 442, § 9; Laws, 1994, ch. 622, § 10; reenacted without change, Laws, 1997, ch. 497, § 9; reenacted without change, Laws, 2001, ch. 410, § 9, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-73 - Seal of Department of Banking and Consumer Finance; sealed documents to be used in evidence; certified copies

The department shall have a seal which shall be in the form of a circle with the image of an eagle, with thirteen (13) stars over the head, in the center, and about the margin at the bottom shall appear the words "State of Mississippi"; and about the margin at the top shall appear the words "Department of Banking and Consumer Finance."
Every certificate and other official paper executed by the department under authority of law and sealed with the seal of office shall be used as evidence in all courts, investigations and proceedings authorized by law, and may be recorded in the same manner and with like effect as a deed. All copies of papers in the office of the department, certified by the commissioner, or certified by an examiner of the department, and bearing the seal shall be accepted in all matters equally and with like effect as the original. No original papers, except with the consent of the commissioner, shall at any time be removed from the files of the department, and for every purpose, a copy of such original, certified as above set out, is hereby made the equivalent of such original.
Laws, 1980, ch. 312, § 10; reenacted, Laws, 1982, ch. 303, § 10; Laws, 1990 Ex Sess, ch. 46, § 9; Laws, 1993, ch. 442, § 10; Laws, 1994, ch. 622, § 11; reenacted without change, Laws, 1997, ch. 497, § 10; reenacted without change, Laws, 2001, ch. 410, § 10, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-75 - Furniture, fixtures, equipment and department expenses

The department shall be supplied with all necessary office furniture, fixtures and equipment, which shall be purchased by the commissioner and paid for out of the department maintenance fund on voucher signed by the commissioner. All necessary postage, stationery, expressage, books, telephone and telegraph messages, printing expenses and all premiums on bonds and all other office expenses of the department shall be allowed and paid for in the same manner as the office equipment and fixtures.
Laws, 1980, ch. 312, § 11; reenacted, Laws, 1982, ch. 303, § 11; Laws, 1990 Ex Sess, ch. 46, § 10; Laws, 1993, ch. 442, § 11; Laws, 1994, ch. 622, § 12; reenacted without change, Laws, 1997, ch. 497, § 11; reenacted without change, Laws, 2001, ch. 410, § 11, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-77 - Borrowing money from or indorsing notes to state banks by officers or employees of department prohibited; penalties

No officer or employee of the department shall be permitted to borrow money from any state bank directly or indirectly or to indorse any note to any state bank. Any such officer or employee who borrows any money from any state bank or indorses any note to any state bank and any officer or employee of any state bank who makes any such loan to any officer or employee of the department or accepts the indorsement of any officer or employee of the department on any note to any state bank shall be guilty of a misdemeanor and, upon conviction of such offense, shall be imprisoned for not more than six (6) months in the county jail, or fined not more than One Thousand Dollars ($1,000.00), or both. Each renewal of any loan or indorsement forbidden by this section shall constitute a separate offense.
Laws, 1980, ch. 312, § 12; reenacted, Laws, 1982, ch. 303, § 12; Laws, 1990 Ex Sess, ch. 46, § 11; Laws, 1993, ch. 442, § 12; Laws, 1994, ch. 622, § 13; reenacted without change, Laws, 1997, ch. 497, § 12; reenacted without change, Laws, 2001, ch. 410, § 12, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-79 - Attorney general as legal adviser; special counsel

The Attorney General shall advise the department on all legal matters. However, in case of litigation involving the department, or in the event of necessity for legal assistance in connection with the administration of the department, the commissioner may, with the consent and approval of the Attorney General, employ special counsel to assist in handling the same.
Laws, 1980, ch. 312, § 13; reenacted, Laws, 1982, ch. 303, § 13; Laws, 1990 Ex Sess, ch. 46, § 12; Laws, 1993, ch. 442, § 13; Laws, 1994, ch. 622, § 14; reenacted without change, Laws, 1997, ch. 497, § 13; reenacted without change, Laws, 2001, ch. 410, § 13, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-81 - Examination of banks

(1)
It shall be the duty of the commissioner to apportion the work of examining banks among the examiners in such a way that each bank, under the provisions of law, shall be examined at least once during an eighteen-month period and more often, if necessary, in the discretion of the commissioner, at irregular intervals and without prior notice. However, neither the commissioner nor any examiner shall examine one (1) bank twice in succession unless the commissioner, for cause, so determines. In the event the commissioner's office, because of workload or other good sufficient cause, is unable to conduct an examination of a bank as provided for in this section, the commissioner is hereby authorized to accept the examination of any state bank performed by the Federal Deposit Insurance Corporation or the Federal Reserve Bank in lieu of the examination provided for in this section. However, in no case shall the commissioner be authorized to accept any such examination of any state bank performed by either the Federal Deposit Insurance Corporation or the Federal Reserve Bank for any two (2) consecutive eighteen-month periods.
(2)
[Repealed 7/1/2026]
The commissioner may join an examination and/or issue a joint report of examination with the Federal Reserve Bank of any bank holding company, including any foreign-owned bank holding company, with more than One Billion Dollars ($1,000,000,000.00) in assets that owns a Mississippi state-chartered bank. The commissioner shall not perform an examination independent of the Federal Reserve Bank. The commissioner may accept any examination report of a bank holding company performed solely by the Federal Reserve Bank in lieu of conducting a joint examination. Further, the commissioner may join in related supervisory orders issued by the Federal Reserve Bank. There shall be no cost to a bank or a bank holding company as a result of the commissioner's participation in a joint examination of a bank holding company as authorized by this subsection. The provisions of this subsection (2) shall stand repealed on July 1, 2026.
Laws, 1980, ch. 312, § 14; reenacted, Laws, 1982, ch. 303, § 14; Laws, 1990 Ex Sess, ch. 46, § 13; Laws, 1993, ch. 442, § 14; Laws, 1994, ch. 622, § 15; Laws, 1995, ch. 308, § 10; reenacted without change, Laws, 1997, ch. 497, § 14; reenacted without change, Laws, 2001, ch. 410, § 14, eff. 7/1/2001.
Amended by Laws, 2022, ch. 326, SB 2018,§ 1, eff. 7/1/2022.
Amended by Laws, 2016, ch. 336, SB 2520, 1, eff. 4/5/2016.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-83 - Powers and duties of officer making examination

At each examination, the commissioner or an examiner may examine the cash, bills, collaterals and securities, books of account, the condition and affairs of the bank, the mode of conducting and managing the affairs of the bank, the action of its directors, and the investment of the funds of the bank. The commissioner or an examiner shall have power to examine the directors and all other persons under oath as to the value of all collaterals, securities and other assets of the bank. Any officer of a bank refusing to the commissioner or examiner any of the papers, securities, the books of account or cash of a bank shall subject such bank to liquidation as provided by law.
The commissioner or an examiner may call for statements from all correspondent banks and all other persons or corporations showing a balance on the books of the bank at each examination.
The commissioner, examiners, or any other employee of the department shall not reproduce a copy of any information in the possession of any bank pertaining to the names of the stockholders of such bank or the amount of shares owned by such stockholders, nor shall the commissioner, examiners or any other employee of the department remove such stockholder information from the confines of the bank, any provision contained herein to the contrary notwithstanding.
Laws, 1980, ch. 312, § 15; reenacted, Laws, 1982, ch. 303, § 15; Laws, 1990 Ex Sess, ch. 46, § 14; Laws, 1993, ch. 442, § 15; Laws, 1994, ch. 320, § 1; reenacted and amended, Laws, 1994, ch. 622, § 16; reenacted without change, Laws, 1997, ch. 497, § 15; reenacted without change, Laws, 2001, ch. 410, § 15, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-85 - Witnesses' attendance may be compelled; penalty for false statements

The commissioner or an examiner shall have the authority to issue subpoenas for witnesses and compel their attendance before him in any and all matters connected with the duties of his office, and for failure to attend or testify, witnesses may be fined by him for contempt. He may invoke the process of the appropriate chancery court to compel such testimony and the production of all necessary papers, and orders therefor may be had either in termtime or vacation upon two (2) days' notice to the opposite party.
Sheriffs, constables and marshals holding commissions in this state shall serve, and be entitled to regular fees for serving such subpoenas. For failing to execute or return such process they shall be liable for the same penalties prescribed by law for failure to execute any like process issued by the courts of this state.
The commissioner or an examiner shall have the authority to administer oaths and to examine under oath the officers, agents, clerks, employees and stockholders of any bank, or any other person touching the matters into which he is directed to examine by law. Any person who willfully makes any false statement under oath in such examination shall be deemed guilty of perjury, and upon conviction thereof shall be punished as provided by law. If any officer, agent, clerk or stockholder of any bank, when under oath, willfully misrepresents in any manner to the commissioner, an examiner, or his assistant, the condition of the bank, or any of its property, or purposely misleads the commissioner or any examiner, or makes false statements regarding the condition of the bank, or any part of its business, such person shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) or imprisoned in the county jail not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
Laws, 1980, ch. 312, § 16; reenacted, Laws, 1982, ch. 303, § 16; Laws, 1990 Ex Sess, ch. 46, § 15; Laws, 1993, ch. 442, § 16; Laws, 1994, ch. 622, § 17; reenacted without change, Laws, 1997, ch. 497, § 16; reenacted without change, Laws, 2001, ch. 410, § 16, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-87 - Testimony to be taken by stenographer; compensation of stenographer

The commissioner or an examiner, in all cases where the testimony of witnesses is to be preserved, shall have the right to have the case taken down and transcribed by a stenographer, and the stenographer so employed shall be duly sworn. The stenographer's certificate that the transcript of such evidence is correct, together with the official certificate of the commissioner or examiner that he has read the same and that it is, in his opinion, correct, shall entitle such transcript, or a certified copy thereof, to be received in evidence as relevant, material and competent. Such stenographer shall be paid at the same rates as that then currently in effect for similar duties performed by the chancery court reporter for the county in which the testimony of the witnesses is to be taken and preserved. The stenographer shall be paid out of the department maintenance fund on voucher approved by the commissioner or examiner employing such stenographer, accompanied with an itemized statement of services rendered.
Laws, 1980, ch. 312, § 17; reenacted, Laws, 1982, ch. 303, § 17; Laws, 1990 Ex Sess, ch. 46, § 16; Laws, 1993, ch. 442, § 17; Laws, 1994, ch. 622, § 18; reenacted without change, Laws, 1997, ch. 497, § 17; reenacted without change, Laws, 2001, ch. 410, § 17, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-89 - Records of proceedings; commissioner authorized to disclose certain information to and establish information sharing and exchange program with any government regulatory counterpart to the department

(1)
The commissioner, examiners and all employees of the department shall keep as records of their office proper books showing all acts, matters and things done by them. Except when required in legal proceedings or as authorized under subsection (2) of this section, none of them shall disclose to any person, official or otherwise, any fact or information obtained in the course of the performance of their duties, except so far as it may be incumbent upon them under the law, to report to the commissioner, or to make public records and publish the same. The commissioner may provide to members of the public the information authorized under Section
81-1-100
without being in violation of this section.
(2)
The commissioner may disclose to any federal, state or foreign government regulatory counterpart to the department any and all information contained during the course of his official duties as regulator and/or licensor of all financial entities charged to him by statute on December 31, 2005, as well as any others established by statute after that date. The commissioner may establish by agreement an information sharing and exchange program with the same governmental entities to promote and help reduce duplicative and burdensome filings, examinations and any other regulatory requirements by which each party maintains the confidentiality of information that is considered confidential under applicable state and federal statutes.
Laws, 1980, ch. 312, § 18; reenacted, Laws, 1982, ch. 303, § 18; Laws, 1990 Ex Sess, ch. 46, § 17; reenacted and amended, Laws, 1993, ch. 442, § 18; reenacted, Laws, 1994, ch. 622, § 19; reenacted without change, Laws, 1997, ch. 497, § 18; reenacted without change, Laws, 2001, ch. 410, § 18; Laws, 2006, ch. 404, § 1, eff. 3/15/2006.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-91 - Past due paper; certain items to be charged off

In all bank examinations no bank shall be allowed credit in excess of its sound value for a note or security of which the principal and interest is over twelve (12) months past due; nor for any bond in excess of the real value thereof; nor for any stock of its own held more than twelve (12) months; nor for any unsecured overdrafts that may have existed for a greater period than thirty (30) days next preceding it, except that the period shall be ninety (90) days for unsecured overdrafts upon which interest is being charged if the bank has a written policy authorizing such overdrafts for not more than ninety (90) days. Only such overdrafts shall be considered as secure as are advanced against products or actual existing values evidenced by warehouse receipts or bills of lading, against bills of exchange drawn in good faith against actual existing values, or against funds on deposit by the depositor whose account is overdrawn, and who has pledged those funds as security f or such overdraft, and in making up the statement of the condition of such bank any such item shall be charged off (but if desired a note shall be appended giving details thereof). But the discretion of the commissioner or examiner may be exercised in cases of estates in litigation or administration, and in pending suits, if the security affected thereby is ample, in the opinion of the commissioner or examiner making such examination.
Laws, 1980, ch. 312, § 19; reenacted, Laws, 1982, ch. 303, § 19; Laws, 1984, ch. 325; Laws, 1990 Ex Sess, ch. 46, § 18; Laws, 1993, ch. 442, § 19; Laws, 1994, ch. 622, § 20; reenacted without change, Laws, 1997, ch. 497, § 19; reenacted without change, Laws, 2001, ch. 410, § 19, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-93 - Special examinations and special services; cost and expenses

The commissioner may make special examinations or render special services to banks, either at the request of banks desiring same, or at his own instance. The commissioner shall have discretion to decide whether any examinations or services are sufficiently urgent, out of routine, or extraordinary to be denominated special examinations or services. When any special examination or services are rendered and so denominated by the commissioner he shall charge the bank so examined or served the cost based on the average daily cost of all examiners of the department plus actual and necessary expenses. The bank so receiving such special examination or services shall pay the per diem and expenses of each appointed examiner performing the work to the commissioner, who in turn will pay the amount into the department maintenance fund and disburse to the examiner directly the amount of his services. An examiner who is on the state payroll may perform such services but the funds so derived from his services shall be paid into the department maintenance fund, and no examiner shall be allowed to draw from a salary and expenses from both the bank and the state.
Laws, 1980, ch. 312, § 20; reenacted, Laws, 1982, ch. 303, § 20; Laws, 1990 Ex Sess, ch. 46, § 19; reenacted, Laws, 1993, ch. 442, § 20; Laws, 1994, ch. 622, § 21; reenacted without change, Laws, 1997, ch. 497, § 20; reenacted without change, Laws, 2001, ch. 410, § 20, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-95 - New statement may be ordered after finding of material changes or errors

If, upon the completion of any examination, the commissioner or an examiner finds that the last public statement of the bank is materially wrong, or that the condition of the bank has materially changed since the last public statement, he may order the bank to publish a new statement based upon the findings of his examination. For failure to promptly publish such statement, the bank shall be liable for a penalty of Five Hundred Dollars ($500.00) for which suit shall be brought by the commissioner for the use of the department if not paid within ten (10) days.
Laws, 1980, ch. 312, § 21; reenacted, Laws, 1982, ch. 303, § 21; Laws, 1990 Ex Sess, ch. 46, § 20; Laws, 1993, ch. 442, § 21; Laws, 1994, ch. 622, § 22; reenacted without change, Laws, 1997, ch. 497, § 21; reenacted without change, Laws, 2001, ch. 410, § 21, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-97 - Call reports by banks; attestation

The commissioner shall call upon each state bank for the reports required in this section. Such calls shall be made by the commissioner in writing by letter or other similar means of written communications for the same dates and as often as calls are issued by the Comptroller of the Currency for the United States for reports from national banks. The commissioner shall prescribe the forms for such reports. The reports shall be sworn to by either the president, vice president or cashier of the bank making them, attested by not less than two (2) of the board of directors, and shall exhibit in detail, under appropriate heads, the total resources and total liabilities of the bank on the day specified by the commissioner. Banks shall transmit to the department such call reports within a time limitation established by regulation by the commissioner; however, such time limitation cannot exceed that set by the Federal Deposit Insurance Corporation for state insured banks. For any failure or delay in furnishing this report, the president, vice president or cashier of any such bank, so in default, and the members of the board of directors of the bank refusing to attest the report, shall be subject to an administrative fine, which may be imposed by the commissioner, of Fifty Dollars ($50.00) a day for each day while in such default.
Laws, 1980, ch. 312, § 22; Laws, 1982, ch. 303, § 22; Laws, 1982, ch. 342, § 1; Laws, 1990 Ex Sess, ch. 46, § 21; Laws, 1993, ch. 442, § 22; Laws, 1994, ch. 320 § 10; reenacted and amended, Laws, 1994, ch. 622, § 23; Laws, 1995, ch. 308, § 1; reenacted without change, Laws, 1997, ch. 497, § 22; reenacted without change, Laws, 2001, ch. 410, § 22, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-99 - Copy of call reports to be furnished on request; fee; penalties relating to issuance of reports and fees therefor

A copy of the call reports of any bank shall be furnished to any person or corporation requesting the same for a reasonable fee prescribed by the commissioner, which shall be collected by the commissioner and shall be paid into the department maintenance fund. If the commissioner fails or refuses to furnish copies of the report when so requested and tendered the proper fee; or if he fails to account for any such fees received by him; or if any person other than the commissioner, deputy commissioner, an examiner, or assistant furnishes any copy of such bank report to anyone, whether for a consideration or without consideration, such person shall be guilty of a misdemeanor and shall be fined not less than Fifty Dollars ($50.00) or be imprisoned not more than one (1) month in the county jail, or both. However, this section shall not be construed to prevent any officer of the bank from furnishing to anyone a statement of such bank.
Laws, 1980, ch. 312, § 23; reenacted, Laws, 1982, ch. 303, § 23; Laws, 1990 Ex Sess, ch. 46, § 22; Laws, 1993, ch. 442, § 23; Laws, 1994, ch. 622, § 24; Laws, 1995, ch. 308, § 2; reenacted without change, Laws, 1997, ch. 497, § 23; reenacted without change, Laws, 2001, ch. 410, § 23, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-100 - Public availability of certain sections of federal evaluations of banks

(1)
The commissioner shall obtain each year from the appropriate federal financial supervisory agency or agencies the public sections of the written evaluations prepared pursuant to 12 USCS Section 2906 of the Community Reinvestment Act, as amended (12 USCS Section 2901 et seq.), of each state bank and national bank located in Mississippi and each bank holding company that controls any bank located in Mississippi. Once each year the commissioner shall publish in some newspaper having a general circulation in the state a statement that the public section of the written evaluation prepared pursuant to 12 USCS Section 2906 of the Community Reinvestment Act, as amended (12 USCS Section 2901 et seq.), of each such bank and bank holding company is maintained in the office of the commissioner and will be made available for inspection to any person upon request during business hours, and that copies of all or part of any evaluation will be furnished to any person upon request for a reasonable copying fee prescribed by the commissioner.
(2)
For the purposes of this section, the term "appropriate federal financial supervisory agency" shall have the same meaning as the definition in 12 USCS Section 2902.
Laws, 1993, ch. 442, § 24; reenacted, Laws, 1994, ch. 622, § 25; reenacted without change, Laws, 1997, ch. 497, § 24; reenacted without change, Laws, 2001, ch. 410, § 24, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-101 - False statement of bank official; penalty

Any officer, director, cashier, agent, clerk or stockholder of any bank, other than a national bank, doing business in the State of Mississippi, who willfully and knowingly subscribes to or makes any false report or any false statement or entry in the books of such bank, or who knowingly subscribes or exhibits any false writing or paper with the intent to deceive any person as to the condition of such bank shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the Penitentiary not more than three (3) years, or both.
Laws, 1980, ch. 312, § 24; reenacted, Laws, 1982, ch. 303, § 24; Laws, 1990 Ex Sess, ch. 46, § 23; Laws, 1993, ch. 442, § 25; Laws, 1994, ch. 622, § 26; reenacted without change, Laws, 1997, ch. 497, § 25; reenacted without change, Laws, 2001, ch. 410, § 25, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-103 - Investigation of proposed federal cease and desist, suspension or removal orders to state chartered banks

If the commissioner receives notice from the United States or any agency or instrumentality thereof having authority to issue cease and desist, removal or suspension orders to state-chartered banks supervised by the department, of its intention to issue any such cease and desist, removal or suspension order to any state-chartered bank, then the commissioner is hereby authorized and empowered to investigate the act, cause or basis asserted for the issuance of such proposed order.
If such investigation shall disclose, in the opinion and judgment of the commissioner, that the act, cause or basis complained of has occurred, and that it is detrimental to the safety and welfare of the depositors or stockholders of the bank and contrary to the public interest, and if the act, cause or basis complained of shall not be remedied immediately, then the commissioner may give notice to the board of directors of the bank of the charges together with his concurrence or exceptions thereto and the remedies for the same. Failure of the board of directors to comply with the requirements of the commissioner within thirty (30) days from the date of notice shall render the board of directors in default thereupon. Thereafter the commissioner may remove any officer, director or other person responsible for the noncompliance, or he may notify the appropriate federal agency or instrumentality to proceed under the federal statute or regulation.
Laws, 1980, ch. 312, § 25; reenacted, Laws, 1982, ch. 303, § 25; Laws, 1990 Ex Sess, ch. 46, § 24; Laws, 1993, ch. 442, § 26; Laws, 1994, ch. 622, § 27; reenacted without change, Laws, 1997, ch. 497, § 26; reenacted without change, Laws, 2001, ch. 410, § 26, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 1 - DEPARTMENT OF BANKING AND CONSUMER FINANCE (§§ 81-1-1 — 81-1-137) › Section 81-1-105 - Injunction against commissioner by bank

The commissioner may be enjoined in chancery court by any bank for abuse or misuse of any discretion or duty imposed upon him by the provisions of Title 81 of the Mississippi Code of 1972, or any other laws of the state.
Laws, 1980, ch. 312, § 26; reenacted, Laws, 1982, ch. 303, § 26; Laws, 1990 Ex Sess, ch. 46, § 25; Laws, 1993, ch. 442, § 27; Laws, 1994, ch. 622, § 28; reenacted without change, Laws, 1997, ch. 497, § 27; reenacted without change, Laws, 2001, ch. 410, § 27, eff. 7/1/2001.