Mississippi § 81-1-125 - Commissioner to issue orders for supervisory control with regard to banks.

§ 81-1-125. Commissioner to issue orders for supervisory control with regard to banks.

Whenever the commissioner determines that a solvent bank is conducting its business in an unsafe or unsound manner, or in any fashion which threatens the financial integrity or sound operation of the bank, the commissioner may serve a notice of charges on the bank, requiring it to show why it should not be placed under supervisory control. Such notice of charges shall specify the grounds for supervisory control, and set the time and place for a hearing. A hearing before the commissioner pursuant to such notice shall be held within fifteen (15) days after issuance of the notice of charges. If, after the hearing provided above, the commissioner determines that supervisory control of the bank is necessary to protect the bank’s members, customers, stockholders or creditors, or the general public, the commissioner shall issue an order taking supervisory control of the bank. If the order taking supervisory control becomes final, the commissioner may appoint an agent to supervise and monitor the operations of the bank during the period of supervisory control. During the period of supervisory control, the bank shall act in accordance with such instructions as may be given by the commissioner, directly or through his supervisory agent, and shall not fail to act, except when to do so would violate an outstanding cease and desist order. Within one hundred eighty (180) days of the date the order taking supervisory control becomes final, the commissioner shall issue an order approving a plan for the termination of supervisory control. The plan may provide for: The issuance by the bank of capital stock; The appointment of one or more officers and/or directors; The reorganization, merger or consolidation of the bank; The dissolution and liquidation of the bank; Other such measures as determined by the commissioner. The order approving the plan shall not take effect until thirty (30) days after issuance during which time period an appeal may be filed in a court of competent jurisdiction. All costs of this proceeding shall be paid by the bank. For the purpose of this section, an order shall be deemed final if: No appeal is filed within the specific time allowed for the appeal; or All judicial appeals are exhausted. If a bank is insolvent, the provisions of Chapter 9 of Title 81, Mississippi Code of 1972, shall apply.