State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_54C > GS_54C-77

§ 54C‑77.  Civilpenalties; State savings banks.

(a)        Except as otherwiseprovided in this Article, a savings bank that is found to have violated thisArticle may be ordered to pay a civil penalty of up to twenty thousand dollars($20,000). A savings bank that is found to have violated or failed to complywith any cease and desist order issued under the authority of this Article maybe ordered to pay a civil penalty of up to twenty thousand dollars ($20,000)for each day 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 thissection, the Commissioner of Banks may assess the penalty, appear in a court ofcompetent jurisdiction, and move the court to order payment of the penalty.Before the assessment of the penalty, the Commissioner of Banks shall hold ahearing, which shall comply with Article 3A of Chapter 150B of the GeneralStatutes.

(c)        If the Commissionerof Banks determines that, as a result of a violation of this Article or of afailure to comply with any cease and desist order issued under the authority ofthis Article, a situation exists requiring immediate corrective action, theCommissioner of Banks may impose the civil penalty in this section on thesavings bank without a prior hearing, and the penalty is effective as of thedate of notice to the association. Imposition of the penalty may be directlyappealed to the Wake County Superior Court.

(d)        Nothing in thissection shall prevent anyone damaged by a State savings bank from bringing aseparate cause of action in a court of competent jurisdiction. (1991, c. 680, s. 1; 1998‑215,s. 38(a); 2001‑193, s. 16.)