Ohio § 1121.34
Full text of Ohio Ohio Revised Code § 1121.34, with citation guidance and answers to common questions.
§ 1121.34.
(A)(1) The superintendent of financial institutions may issue an order suspending a regulated
person from office or temporarily prohibiting a regulated person from further participation
in the conduct of the affairs of a bank or trust company, or both, if both of the
following apply: (a) The superintendent serves, or has served, the regulated person with a notice of charges
and intent to remove the regulated person or prohibit the regulated person from further
participation in the conduct of the affairs of a bank or trust company pursuant to section 1121.33 of the Revised Code . (b) The superintendent determines the suspension or temporary prohibition is necessary
for the protection of a bank or trust company or the interests of a bank's depositors
or a trust company's beneficiaries. (2) An order issued pursuant to division (A)(1) of this section is effective immediately
upon service on the regulated person, and remains effective and enforceable as provided
in the order except to the extent it is stayed, modified, terminated, or set aside
by action of the superintendent or a reviewing court. If, upon the record of a hearing, the superintendent determines not to issue an
order removing a regulated person from office or prohibiting a regulated person's
further participation in the conduct of the affairs of a bank or trust company pursuant
to section 1121.33 of the Revised Code , the order issued pursuant to division (A)(1) of this section is terminated. (3) Within ten days after being served a suspension or temporary prohibition order pursuant
to division (A)(1) of this section, a regulated person may apply to the court of common
pleas of the county in which the residence of the regulated person is located, or
the court of common pleas of Franklin county, for an injunction setting aside, limiting,
or suspending the enforcement, operation, or effectiveness of the suspension or temporary
prohibition order pending completion of the hearing on the notice of charges served
on the regulated person pursuant to section 1121.33 of the Revised Code , and the court has jurisdiction to issue the injunction. (B)(1) Whenever a regulated person is charged in any information, indictment, or complaint,
authorized by a prosecuting attorney or a United States attorney, with the commission
of or participation in a felony or a crime involving an act of fraud, dishonesty,
breach of trust, theft, or money laundering involving a depository institution, the
superintendent may suspend the regulated person from office or temporarily prohibit
the regulated person's further participation in the conduct of the affairs of a bank
or trust company, or both. A suspension or temporary prohibition order issued pursuant to division (B)(1) of
this section is effective immediately upon service on the regulated person, and remains
effective and enforceable until the information, indictment, or complaint is finally
disposed of or the superintendent terminates the order. (2) If a judgment of conviction or an agreement to enter a pretrial diversion or other
similar program is entered against a regulated person with respect to the information,
indictment, or complaint and, in the case of a judgment of conviction, is not subject
to further appellate review, the superintendent may remove the regulated person from
office, prohibit the regulated person from further participation in the conduct of
the affairs of a bank or trust company, or both. A removal or prohibition order issued pursuant to division (B)(2) of this section
is effective immediately upon service on the regulated person, and remains effective
and enforceable as provided in the removal or prohibition order except to the extent
it is stayed, modified, terminated, or set aside by action of the superintendent. (3) A finding of not guilty or other disposition of the information, indictment, or complaint
does not preclude the superintendent from subsequently instituting proceedings pursuant
to section 1121.33 of the Revised Code to remove the regulated person from office or to prohibit the regulated person from
further participation in the conduct of the affairs of a bank or trust company, or
both. (C) The superintendent shall serve a certified copy of a suspension or temporary prohibition
order issued pursuant to division (A) or (B)(1) of this section or a removal or prohibition
order issued pursuant to division (B)(2) of this section on any bank or trust company
in relation to which the object of the suspension, removal, or prohibition order is
a regulated person. (D) A regulated person who has been suspended, removed from office, or temporarily or
otherwise prohibited from further participation in the conduct of the affairs of a
bank or trust company pursuant to this section or by order of the bank regulatory
authority of another state or the United States shall not, while the suspension, removal,
or prohibition order is in effect, continue or commence to hold any office of or participate
in any manner in the conduct of the affairs of a bank or trust company in this state,
except as specifically permitted by the superintendent or by the bank regulatory authority
of another state or the United States pursuant to modification of the suspension,
removal, or prohibition order. Participation in the conduct of the affairs of a bank or trust company includes
doing any of the following: (1) Soliciting, procuring, transferring, attempting to transfer, voting, or attempting
to vote any proxy, consent, or authorization with respect to any voting rights in
any bank or trust company; (2) Violating any voting agreement previously approved by the superintendent; (3) Voting for a director of any bank or trust company. (E) If at any time, because of the suspension of one or more directors pursuant to this
section, there are on the board of directors of a bank less than a quorum of directors
not suspended, all powers and functions vested in or exercisable by the board shall
be vested in and be exercisable by the director or directors on the board not suspended,
until the time there is a quorum of the board of directors. If all the directors of a bank are suspended pursuant to this section, the superintendent
shall appoint persons to serve temporarily as directors in their place, pending termination
of the suspensions or until those who have been suspended cease to be directors of
the bank and their successors take office.
Frequently Asked Questions About Ohio § 1121.34
What does Ohio Revised Code § 1121.34 cover?
Section 1121.34 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1121.34?
A common citation format is "Ohio Revised Code § 1121.34" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1121.34 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.