Maine Revised Statutes, Title 9-B, § 368: Additional authority in liquidation
The superintendent may adopt rules to carry out this chapter.
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The superintendent may adopt rules to carry out this chapter.
This section lets certain affected parties challenge a receiver appointment or superintendent/receiver actions in the Superior Court of Kennebec County, but it sets short filing deadlines and limits review standards.
1. Applicability. The provisions of this chapter govern de novo establishment of interstate branches, interstate combinations and interstate branch acquisitions undertaken by a financial institution, out-of-state financial institution,
This section defines three banking terms: de novo branch, interstate branch acquisition, and interstate combination.
Interstate combinations and certain branch transactions are authorized, but the resulting institution must comply with notice or approval requirements and, in some cases, the superintendent may object or seek court action.
The superintendent may make certain interstate combinations or branch acquisitions effective immediately if needed to protect depositors, shareholders, or the public. A person aggrieved by such an action may seek judicial review.
Authorized interstate combinations or branch acquisitions must comply with deposit concentration limits in section 241, subsection 10.
1. Branches of financial institutions organized under the laws of this State. Pursuant to this chapter, a financial institution organized under the laws of this State that establishes and operates a branch in another state may conduct any
Certain out-of-state financial institutions, federal associations, and national banks must meet Title 13-C filing requirements before establishing or operating a branch in the State.
This chapter takes effect on January 1, 1997.
This chapter grants powers to financial institutions organized under chapters 31 and 32, and makes covered institutions subject to this Title’s duties, restrictions, and liabilities even if their charter says otherwise.
Financial institutions must maintain adequate capital under superintendent rules, and capital issuances need superintendent approval at least 10 days before issuance.
A financial institution organized under chapter 31 or 32 has a list of corporate powers, including perpetual existence, suing and being sued, adopting a seal, managing staff, making bylaws, ending activities, making certain donations, creating benefit plans, indemnifying covered persons, and joining certain financial o
A financial institution may borrow money, issue notes and bonds, and secure its obligations with property encumbrances.
A financial institution may participate in certain public agencies if the superintendent authorizes it under regulations, and it must follow all imposed requirements and conditions.
A financial institution may engage in activities that federally chartered or federally regulated institutions may be authorized to do. The superintendent may adopt rules to make those powers safe, sound, and consumer-protective.
A financial institution in Maine may buy more than 5% of another eligible financial institution’s equity only with the superintendent’s prior approval.
A financial institution may act as an agent for certain institutions under this section, but the agency agreement must limit activities, notice must be filed with the superintendent before the activity begins, and the superintendent may adopt supplemental rules.
A financial institution may acquire, hold, improve, develop, lease, contract, convey, and otherwise control property acquired under this section, including by mortgage foreclosure, purchase, or other means.
A financial institution may buy, sell, underwrite, and hold investment and equity securities, but must limit equity holdings to 100% of total capital unless the superintendent allows more. It may not buy speculative securities or equities, except for venture capital investments up to 20% of total capital unless the sup
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