(18) Authority to grant certain powers.
Unless the division is expressly restricted by statute from acting under this subsection with respect to a specific power, right or privilege, the division by rule may, with the approval of the review board, authorize associations to exercise any power under the notice, disclosure or procedural requirements governing federally chartered associations or to make any loan or investment or exercise any right, power or privilege of federally chartered associations permitted under a federal law, regulation or interpretation. Notice, disclosure and procedures prescribed by statute which may be modified by a rule adopted under this subsection include, but are not limited to, those provided under s. 138.056
. A rule adopted under this subsection may not affect s. 138.041
or chs. 421
or restrict powers specifically granted associations under this chapter.
See also DFI-SL
, Wis. adm. code.
Under sub. (6), “in the course of examinations" includes activities before, during, and after actual inspection. National Savings & Loan Assoc. v. St. Paul Fire & Marine Insurance Co. 515 F. Supp. 12
Supervision and control of associations. 215.03(1)(1)
Types of associations supervised.
All associations organized under this chapter or similar laws, or permitted by license to transact, in this state, a business similar to that authorized by this chapter, shall be under the supervision and control of the division.
(2) Annual supervisory examinations. 215.03(2)(a)(a)
Except as provided in par. (b)
, at least once within every 18-month period, the division shall examine the cash, bills, collaterals, securities, assets, books of account, condition and affairs of all such associations and for that purpose the division or the division's examiners shall have access to, and may compel the production of, all their books, papers, securities and moneys, administer oaths to and examine their officers and agents as to their affairs. An employee of the division may not examine an association in which the employee is interested as an officer or director.
In lieu of any examination required under par. (a)
, the division may accept any examination that may have been made of any association within a reasonable period by the deposit insurance corporation, a federal regulatory agency, or any agency of another state with primary responsibility for supervising associations chartered under the laws of that state.
(4) Refusal to submit to an examination.
Any association refusing to submit to an examination so ordered or requested, shall be reported to the attorney general, who shall institute proceedings to revoke its certificate of incorporation for such refusal.
(5) Accounting and bookkeeping procedure. 215.03(5)(a)(a)
Whenever it appears to the division that any association does not keep books and accounts in such manner as to enable the division to readily ascertain its true condition, the division may require the officers of such associations or any of them to open and keep such books or accounts as the division prescribes.
Any association that fails to open books or keep books or accounts as prescribed by the division, shall, at the discretion of the division, forfeit $10 for each day it so fails. If the association fails to pay the forfeiture, the division may institute proceedings to recover such forfeitures.
Not later than February 1 of each year each association subject to the supervision and control of the division shall file with the division a report of its activities of the preceding year, upon forms furnished by the division.
A true and verified copy of a statement of condition as of the close of December 31 of the preceding calendar year;
Attached to the annual report shall be a copy of a printed statement of condition and operations as of the end of the association's most recent fiscal year, which shall be available to the public. The printed statement shall contain such information as the division may by rule prescribe.
If such association fails or refuses to furnish the report herein required, it shall be subject, at the discretion of the division, to a forfeiture of $10 per day for each day of default, and the division may maintain an action to recover such penalty, and the same shall be paid into the general fund.
(7) Relocation of association office.
Any association which determines to move its home office or a branch office to some other location shall make an application to the division. In approving or denying the application for relocation, the division shall ascertain the need for relocation and determine whether undue harm or injury would be caused to any properly conducted association or branch now doing business in the area or vicinity of the proposed relocation.
(8) Application to establish branches; appeal. 215.03(8)(a)(a)
Any association desiring to establish a branch office, subject to the limitations of s. 215.13 (39)
, shall apply to the division in such form as the division prescribes, giving such information as the division requires. Each application shall be accompanied by a fee of $500. The division shall give notice and provide an opportunity for hearing as provided in s. 215.40 (7)
. The division may grant certificates of authority to maintain and operate branch offices or may refuse to issue certificates when, in the division's opinion, such branch is not in the best interests of the public, or when other good and sufficient reasons exist for refusal.
It is the intent of this section to provide adequate and convenient savings and loan facilities for the public. When 2 or more applications for a branch in the same area are pending, priority of application shall be considered but not be controlling, and the division shall give consideration to the equitable distribution of branches among the associations making application.
Review of the decision of the division in regard to applications for branches shall be governed by s. 215.04 (4)
The review board shall do all of the following:
Advise the division on matters related to this chapter.
Review the acts, orders, and determinations of the division.
Act on any matters pertaining to this chapter that are submitted to it by the division.
Perform other review functions relating to this chapter.
Conduct hearings and take testimony, and subpoena and swear witnesses at such hearings. The review board shall have the subpoena powers under s. 885.01 (4)
An interested party may appear at a proceeding of the review board and may participate in the examination of witnesses and present evidence.
(3) Witness fees.
A person who causes a witness to be subpoenaed shall advance the fees and mileage expense of the witness. Witness fees shall be the same as fees under s. 814.67 (1) (b)
. The fees of witnesses who are called by the review board in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the chairperson of the review board and charged to the appropriation under s. 20.144 (1) (g)
(4) Review of acts, orders, or determinations.
Any interested person or a savings association aggrieved by any act, order, or determination of the division, which relates to savings and loan associations, may, within 20 days after receipt or service of a copy of the act, order, or determination, file a written notice requesting the review board's review of the division's act, order, or determination. The review of the division's decision shall be solely to determine if the division acted within the scope of the division's authority and did not act in an arbitrary or capricious manner and to determine if the act, order, or determination of the division is supported by substantial evidence in view of the entire record as submitted. The review of applications for new charters, branch offices, or relocation of offices shall be based exclusively on the record and new evidence may not be taken by the review board. Requests for review under this subsection shall be considered and disposed of as speedily as possible.
A determination of the review board is subject to review under ch. 227
. If an act, order, or determination of the division is reversed or modified by the review board, the division shall be considered to be a person aggrieved and directly affected by the decision under s. 227.53 (1)
(6) Board member not to act.
A member of the review board may not act on any matter involving a savings and loan association or savings and loan holding company of which the member is an officer, director, employee, or agent.
See also ch. DFI-SL 20
, Wis. adm. code.
Surety bond of association's officers, directors and employees. 215.11(1)(1)
Who shall furnish bond; type and form.
Before entry upon the discharge of the person's duties, every person appointed or elected to any position requiring receipt, payment or custody of money or other personal property of an association or in its custody or control as collateral or otherwise shall give a bond in some surety company, licensed by this state, in such sum as the division prescribes. In lieu of individual bonds, the division may accept a schedule or blanket bond which covers all of the officers, directors and employees of the association, whose duties include the receipt, payment or custody of money or other personal property. Such bonds shall be in the form prescribed by the division.
(2) Surety bonds to be approved and filed.
No officer, director or employee who is required to give bond shall enter upon the discharge of the person's duties until the person's bond has been approved by the board. The minute book of the association shall contain a record of each bond executed and approved. Such bonds shall be filed with the division within 10 days after approval by the board.
(3) Surety bond coverage.
Such bond shall be sufficient to protect the association from loss by reason of acts of fraud or dishonesty, including forgery, theft, embezzlement, wrongful abstraction or misapplication on the part of the person, directly or through connivance with others. At any time the division may require an additional bond.
(4) Provisions of surety bonds.
Every such bond shall also include the following provisions:
No termination of this bond shall be effective unless the surety gives in advance at least 10 days' written notice by registered mail to the division. If this bond is terminated at the request of the insured (employer) this provision shall apply nevertheless, it being the duty of the surety to give the required written notice to the division, such notice to be given promptly and within 10 days after the receipt of such request;
The surety agrees to furnish the division a copy of all riders and endorsements executed subsequently to the effective date of this bond.
(5) Division may consent to termination and waive notice.
The division may waive, as to the termination of any bond, the 10-day written notice in advance and may give written consent to the termination being made effective as of a date agreed upon by the surety and the association.
(6) Termination of surety bond upon discovery of any dishonest act. Subsection (4)
shall not in any way modify or affect or render invalid a provision therein that the bond shall terminate as to any person covered thereby, upon the discovery by the association of any dishonest act on the person's part.
(7) Penalty for failure to furnish surety bond.
Any violations of subs. (1)
shall subject the association to a fine of $10 per day for each consecutive day of such violation and it is the duty of the attorney general to recover any such penalties by action in behalf of the state.
History: 1991 a. 316
; 1995 a. 27
See also s. DFI-SL 3.01
, Wis. adm. code.
Penalty for dishonest acts; falsification of records.
Every officer, director, employee or agent of any association who steals, abstracts, or willfully misapplies any property of the association, whether owned by it or held in trust, or who, without authority, issues or puts forth any certificate of savings accounts, assigns any note, bond, mortgage, judgment or decree, or, who makes any false entry in any book, record, report or statement of the association with intent to injure or defraud the association or any person or corporation, or to deceive any officer or director of the association, or any other person, or any agent appointed to examine the affairs of such association, or any person who, with like intent, aids or abets any officer, director, employee or agent in the violation of this section, is guilty of a Class F felony.
Powers of savings and loan associations.
Savings and loan associations may:
(1) Savings accounts.
Accept payments on savings accounts in accordance with s. 215.14
(2) Evidence of savings account ownership.
Issue evidence of ownership to savers, in accordance with s. 215.15
(3) Declaration and distribution of earnings on savings accounts.
Declare and distribute earnings to savers, in accordance with s. 215.16
(4) Withdrawals of savings accounts.
Pay withdrawal requests of savings accounts, in part or in full, in accordance with s. 215.17
(5) Close savings accounts.
Close savings accounts, in part or in full, in accordance with s. 215.18
(6) Loans on savings accounts.
Make loans to savers on the security of savings accounts owned by them, in accordance with s. 215.19
(7) Property improvement loans.
Make property improvement loans in accordance with s. 215.20
(8) Insured or guaranteed loans.
Make secured or unsecured loans, which are partially insured or guaranteed in any manner by the United States or any instrumentality thereof or for which there is a commitment to so insure or guarantee, pursuant to ch. 219
(9) Mortgage loans.
Make mortgage loans in accordance with s. 215.21
(10) Additional collateral to mortgage loans.
Accept additional collateral to mortgage loans in accordance with s. 215.21 (10)
(12) Servicing of purchased mortgage loans.
Negotiate servicing agreements to enable vendors of mortgage loans, purchased by the association, to collect payments for transmission to the association, in accordance with s. 215.21 (13)
(14) Servicing of mortgage loans sold.
Negotiate servicing agreements to enable the association to collect payments for transmission to the purchasers of mortgage loans in accordance with s. 215.21 (14)
(15) Purchasing participating interests in mortgage loans.
Purchase participating interests in mortgage loans from other lenders and negotiate servicing agreements with said lenders in accordance with s. 215.21 (15)
(16) Selling participating interests in mortgage loans.
Sell participating interests in mortgage loans, to other lenders, and negotiate servicing agreements with said lenders in accordance with s. 215.21 (15)
(17) Acquiring real estate.
Acquire real estate to enforce protection of its securities in accordance with s. 215.22 (1)
(18) Selling of acquired real estate.
Sell acquired real estate in accordance with s. 215.22 (2)
(19) Acquiring real estate subject to sales contracts.
Acquire real estate, subject to a sales contract, from any instrumentality of the United States.
(20) Purchasing property improvement loans.
Purchase secured or unsecured property improvement loans from any person, whether or not such loans are partially insured or guaranteed in any manner by the United States or any instrumentality thereof, provided such loans could have been made by the association in the first instance.
(21) Acquiring assets of other associations.
Acquire all or any part of the assets of any other association with prior approval of the division.
(22) Selling of assets to other associations.
Sell all or any part of its assets to any other association with prior approval of the division.
(23) Association office building.
Acquire real estate for use as the association's office building in accordance with s. 215.23
(24) Membership in any federal finance or credit corporation.
Become a member in any federal finance or credit corporation organized by an act of congress for aiding associations to utilize their resources and credit. Membership in such federal finance or credit corporation to include:
Borrowing money therefrom, not exceeding that allowed under sub. (28)
(25) Membership in a national mortgage company.
Become a member in, and purchase stock or securities of a national mortgage company, under the national housing act approved June 27, 1934, and acts amendatory thereof and supplemental thereto.
(26) Investment securities.
Invest in the following types of securities, subject to such limitations as may be fixed by the division:
Savings accounts of savings and loan associations doing business in the state.