81-13-19 - Failure to make reports or pay fees; duties and authority of Commissioner of Banking and Consumer Finance; suspension of credit union's operations. - Mississippi Statutes

§ 81-13-19. Failure to make reports or pay fees; duties and authority of Commissioner of Banking and Consumer Finance; suspension of credit union's operations.
 

(1)  If it appears that any credit union is bankrupt or insolvent, or that it has violated any other provisions of law, or is in danger of loss due to mismanagement or fraud, the commissioner shall issue an order temporarily suspending the credit union's operations for not less than thirty (30) nor more than sixty (60) days. The board of directors shall be given notice by registered mail of such suspension, which notice shall include a list of the reasons for such suspension, or a list of the specific violations of law. 

(2)  Upon receipt of such suspension notice, the credit union shall cease all operations, except those operations authorized by the commissioner. The board of directors shall file with the commissioner a reply to the suspension notice, and may request a hearing to present a plan of corrective actions proposed if the credit union desires to continue operations. The board of directors may request that the credit union be declared insolvent and a liquidating agent be appointed. 

(3)  Upon receipt of evidence from the suspended credit union that the conditions causing the order of suspension have been corrected, the commissioner, upon finding that such conditions have been corrected, may revoke the suspension notice and permit the credit union to resume normal operations. 

(4)  If the commissioner, after issuing notice of suspension and providing an opportunity for a hearing, rejects the credit union's plan to continue operations, he may issue a notice of involuntary liquidation and appoint a liquidating agent. The commissioner shall continue his order suspending the credit union's operation until final determination or liquidation. The credit union may request the chancery court of the county in which the home office of the credit union is located to take such action as it may deem necessary under the law. 

(5)  If, within the suspension period, the credit union fails to answer the suspension notice or request a hearing, the commissioner may then revoke the credit union's charter, appoint a liquidating agent and liquidate the credit union. 
 

Sources: Codes, 1930, § 4239; 1942, § 5400; Laws,  1924, ch. 177; Laws, 1979, ch. 307, § 6; reenacted, 1982, ch. 304, § 12; Laws, 1987, ch. 381, § 9; Laws, 1995, ch. 374, § 11; reenacted, Laws,  1997, ch. 368, § 11; Laws, 1997, ch. 330, § 2; reenacted without change, Laws, 2001, ch. 408, § 11, eff from and after July 1, 2001.