(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.
Savings accounts of savings and loan associations located outside the state, if those savings accounts are insured by the deposit insurance corporation.
Bonds, notes or other evidences of indebtedness which are general obligations supported by the full faith and credit of any state in the United States or any city, town, village, county, technical college district or school district in any state in the United States if the obligations have been assigned one of the 4 highest grades by a nationally recognized investment rating service. Before purchasing any obligation under this paragraph other than an obligation issued in this state, the association shall ascertain whether suitable obligations issued in this state are available in the quantity sought by the association at a competitive rate of return at the time the investment is intended to be made. If such obligations are available, the association shall give preference to obligations issued in this state. Notwithstanding any other requirement of this paragraph, an association may invest not more than one percent of its assets in the obligations of any city, town, village, county, technical college district or school district in this state which are not assigned one of the 4 highest grades by a nationally recognized investment rating service, if the obligations are issued by a city, town, village, county, technical college district or school district in which the association maintains one or more offices.
Certificates of deposit of a state or national bank.
Shares of stock, whether purchased or otherwise acquired, in a corporation acquiring, placing and operating remote service units under sub. (46)
Such other types of securities which may be approved and authorized by the division.
See also ch. DFI-SL 15
, Wis. adm. code.
(27) Lend money to other associations.
Lend money to other savings and loan associations incorporated and operating under this chapter, subject to approval of the division.
(28) Borrowing money.
Borrow money and issue its obligations for the borrowed money, including but not limited to obligations, bonds, notes or other debt securities. The aggregate amount borrowed under this subsection may not exceed 50% of the association's total assets, except with the prior written approval of the division. An obligation, bond, note or other debt security may include a written provision subordinating the debt to claims of other creditors or of savers.
(29) Assign collateral for borrowed money.
Assign as collateral for borrowed money its mortgages and mortgage notes or any of the securities enumerated in sub. (26)