361.070. Director and employees--oath--bond--prohibited acts--powers of director. - Missouri Statutes

Director and employees--oath--bond--prohibited acts--powers ofdirector.

361.070. 1. The director of finance and all employees of thedivision of finance, which term shall, for purposes of this section andsection 361.080, include special agents, shall, before entering upon thedischarge of their duties, take the oath of office prescribed by theconstitution, and, in addition, take an oath that they will not reveal theconditions or affairs of any financial institution or any facts pertainingto the same, that may come to their knowledge by virtue of their officialpositions, unless required by law to do so in the discharge of the dutiesof their offices or when testifying in any court proceeding. For purposesof this section and section 361.080, "financial institution" shall mean anyentity subject to chartering, licensing, or regulation by the division offinance.

2. The director of finance and all employees of the division offinance shall further execute to the state of Missouri good and sufficientbonds with corporate surety, to be approved by the governor and attorneygeneral, conditioned that they will faithfully and impartially dischargethe duties of their offices, and pay over to the persons entitled by law toreceive it, all money coming into their hands by virtue of their offices.The principal amount of bond applicable to each employee shall bedetermined by the state banking board. The bond, after approval by thegovernor and attorney general, shall be filed with the secretary of statefor safekeeping. The bond premiums, not to exceed one percent on theamount thereof, shall be paid out of the state treasury in the same manneras other expenses of the division.

3. Neither the director of finance nor any employees of the divisionof finance who participate in the examination of any bank or trust company,or who may be called upon to make any official decision or determinationaffecting the operation of any bank or trust company, other than the bankermembers of the state banking board, shall be an officer, director,attorney, owner, or holder of stock in any bank or trust company or anybank holding company as that term is defined in section 362.910, RSMo, norshall they receive, directly or indirectly, any payment or gratuity fromany such organization, nor engage in the negotiation of loans for otherswith any state bank or trust company, nor be indebted to any state bank ortrust company.

4. The director of finance, in connection with any examination orinvestigation of any person, company, or event, shall have the authority tocompel the production of documents, in whatever form they may exist, andshall have the authority to compel the attendance of and administer oathsto any person having knowledge of any issue involved with the examinationor investigation. The director may seek judicial enforcement of anadministrative subpoena by application to the appropriate court. Anadministrative subpoena shall be subject to the same defenses or subject toa protective order or conditions as provided and deemed appropriate by thecourt in accordance with the Missouri Supreme Court Rules.

(RSMo 1939 § 7882, A. 1949 H.B. 2084, A.L. 1967 p. 445, A.L. 1988 H.B. 1204, A.L. 2005 H.B. 707)

Prior revisions: 1929 § 5288; 1919 § 11675; 1909 § 1075