State Codes and Statutes

Statutes > North-carolina > Chapter_54B > GS_54B-65

§ 54B‑65.  Civilpenalties; directors, officers and employees.

(a)        Any person, whethera director, officer or employee, who is found to have violated any provision ofthis Article, whether willfully or as a result of gross negligence, grossincompetency, or recklessness, may be ordered to forfeit and pay a civilpenalty of up to five thousand dollars ($5,000) per violation. Any person whois found to have violated or failed to comply with any cease and desist orderissued under the authority of this Article, may be ordered to forfeit and pay acivil penalty of up to five thousand dollars ($5,000) per violation for eachday that the violation or failure to comply continues.

The clear proceeds of civilpenalties provided for in this section shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        To enforce theprovisions of this section, the Commissioner of Banks is authorized to assesssuch a penalty and to appear in a court of competent jurisdiction and to movethe court to order payment of the penalty. Prior to the assessment of thepenalty, a hearing shall be held by the Commissioner of Banks which shallcomply with the provisions of Article 3 of Chapter 150B of the GeneralStatutes.

(c)        Whenever theCommissioner of Banks shall determine that an emergency exists which requiresimmediate corrective action, the Commissioner of Banks, either before or afterinstituting any other action or proceeding authorized by this Article, mayrequest the Attorney General to institute a civil action in a court ofcompetent jurisdiction, in the name of the State upon the relation of theCommissioner of Banks seeking injunctive relief to restrain or enjoin theviolation or threatened violation of this Article and for such other and furtherrelief as the court may deem proper. Instituting an action for injunctiverelief shall not relieve any party to such proceedings from any civil orcriminal penalty prescribed for violation of this Article.

(d)        Nothing in thissection shall prevent anyone damaged by a director, officer or employee of aState association from bringing a separate cause of action in a court ofcompetent jurisdiction. (1981, c. 282, s. 3; 1987, c. 827, s. 1; 1998‑215, s. 37; 2001‑193,s. 16.)

State Codes and Statutes

Statutes > North-carolina > Chapter_54B > GS_54B-65

§ 54B‑65.  Civilpenalties; directors, officers and employees.

(a)        Any person, whethera director, officer or employee, who is found to have violated any provision ofthis Article, whether willfully or as a result of gross negligence, grossincompetency, or recklessness, may be ordered to forfeit and pay a civilpenalty of up to five thousand dollars ($5,000) per violation. Any person whois found to have violated or failed to comply with any cease and desist orderissued under the authority of this Article, may be ordered to forfeit and pay acivil penalty of up to five thousand dollars ($5,000) per violation for eachday that the violation or failure to comply continues.

The clear proceeds of civilpenalties provided for in this section shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        To enforce theprovisions of this section, the Commissioner of Banks is authorized to assesssuch a penalty and to appear in a court of competent jurisdiction and to movethe court to order payment of the penalty. Prior to the assessment of thepenalty, a hearing shall be held by the Commissioner of Banks which shallcomply with the provisions of Article 3 of Chapter 150B of the GeneralStatutes.

(c)        Whenever theCommissioner of Banks shall determine that an emergency exists which requiresimmediate corrective action, the Commissioner of Banks, either before or afterinstituting any other action or proceeding authorized by this Article, mayrequest the Attorney General to institute a civil action in a court ofcompetent jurisdiction, in the name of the State upon the relation of theCommissioner of Banks seeking injunctive relief to restrain or enjoin theviolation or threatened violation of this Article and for such other and furtherrelief as the court may deem proper. Instituting an action for injunctiverelief shall not relieve any party to such proceedings from any civil orcriminal penalty prescribed for violation of this Article.

(d)        Nothing in thissection shall prevent anyone damaged by a director, officer or employee of aState association from bringing a separate cause of action in a court ofcompetent jurisdiction. (1981, c. 282, s. 3; 1987, c. 827, s. 1; 1998‑215, s. 37; 2001‑193,s. 16.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_54B > GS_54B-65

§ 54B‑65.  Civilpenalties; directors, officers and employees.

(a)        Any person, whethera director, officer or employee, who is found to have violated any provision ofthis Article, whether willfully or as a result of gross negligence, grossincompetency, or recklessness, may be ordered to forfeit and pay a civilpenalty of up to five thousand dollars ($5,000) per violation. Any person whois found to have violated or failed to comply with any cease and desist orderissued under the authority of this Article, may be ordered to forfeit and pay acivil penalty of up to five thousand dollars ($5,000) per violation for eachday that the violation or failure to comply continues.

The clear proceeds of civilpenalties provided for in this section shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        To enforce theprovisions of this section, the Commissioner of Banks is authorized to assesssuch a penalty and to appear in a court of competent jurisdiction and to movethe court to order payment of the penalty. Prior to the assessment of thepenalty, a hearing shall be held by the Commissioner of Banks which shallcomply with the provisions of Article 3 of Chapter 150B of the GeneralStatutes.

(c)        Whenever theCommissioner of Banks shall determine that an emergency exists which requiresimmediate corrective action, the Commissioner of Banks, either before or afterinstituting any other action or proceeding authorized by this Article, mayrequest the Attorney General to institute a civil action in a court ofcompetent jurisdiction, in the name of the State upon the relation of theCommissioner of Banks seeking injunctive relief to restrain or enjoin theviolation or threatened violation of this Article and for such other and furtherrelief as the court may deem proper. Instituting an action for injunctiverelief shall not relieve any party to such proceedings from any civil orcriminal penalty prescribed for violation of this Article.

(d)        Nothing in thissection shall prevent anyone damaged by a director, officer or employee of aState association from bringing a separate cause of action in a court ofcompetent jurisdiction. (1981, c. 282, s. 3; 1987, c. 827, s. 1; 1998‑215, s. 37; 2001‑193,s. 16.)