Amendment ASA-AB150

AB150-ASA, s. 5440 Section 5440. 214.76 (1) of the statutes is amended to read:

AB150-ASA,1640,25 214.76 (1) At least once in each year and not more than 12 months after its last audit, a savings bank shall cause its books, records and accounts to be audited by an independent certified public accountant not connected with the savings bank. The certified public accountant shall conduct the audit to produce a certified financial statement. The commissioner division may require additional information to be included in an audit report.

AB150-ASA, s. 5441 Section 5441. 214.76 (3) of the statutes is amended to read:

AB150-ASA,1641,8 214.76 (3) A copy of the audit report, including a balance sheet of the savings bank on the date of the audit and a statement of income and expenses of the savings bank during the year ending with the date of the audit and the written summary prepared for the board of directors shall be filed with the commissioner division within 60 days after the date on which the savings bank received the audit report. The commissioner division may, for good cause shown, extend the filing date for up to 60 additional days.

AB150-ASA, s. 5442 Section 5442. 214.76 (4) of the statutes is amended to read:

AB150-ASA,1641,17 214.76 (4) The audit report filed with the commissioner division shall be certified by the accountant conducting the audit. If a savings bank fails to cause an audit to be made, the commissioner division shall order an audit to be made by an independent certified public accountant at the savings bank's expense. Instead of the audit required under sub. (1), the commissioner division may accept an audit or portion of an audit made exclusively for a deposit insurance corporation or for a financial regulator of another state if the home office of the savings bank is located in that state.

AB150-ASA, s. 5443 Section 5443. 214.76 (5) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1641,22 214.76 (5) (a) (intro.) Annually, no later than February 1, a savings bank shall file with the commissioner division a report of its activities of the preceding calendar year, upon forms prescribed by the commissioner division. The report shall include all of the following:

AB150-ASA, s. 5444 Section 5444. 214.76 (5) (a) 3. of the statutes is amended to read:

AB150-ASA,1641,25 214.76 (5) (a) 3. Any other information that the commissioner division requires.

AB150-ASA, s. 5445 Section 5445. 214.76 (5) (b) of the statutes is amended to read:

AB150-ASA,1642,8 214.76 (5) (b) A savings bank shall include with its annual report a copy of a statement of condition and operations as of the end of the savings bank's most recent fiscal year, which shall be available to the public. The savings bank shall publish a printed statement containing such information as the commissioner division requires as a class 1 notice under ch. 985 in each municipality in which the savings bank operates an office. Proof of publication shall be furnished to the commissioner division within 60 days after the date of the report.

AB150-ASA, s. 5446 Section 5446. 214.765 (1) of the statutes is amended to read:

AB150-ASA,1642,18 214.765 (1) A violation of subch. VI or VII or s. 214.34, 214.59 or 214.76, or the failure to comply with recommendations of an examination report of the commissioner division within 60 days after the date of issuance of the report or within any other period the commissioner division specifies, shall be considered an unsafe and unsound practice and creates an unsafe and unsound condition in the savings bank. A savings bank or a person affiliated with a savings bank who violates these provisions shall be subject to a forfeiture under s. 214.935 and to other enforcement powers of the commissioner division under this subchapter, subch. XII and rules of the commissioner division.

AB150-ASA, s. 5447 Section 5447. 214.765 (2) of the statutes is amended to read:

AB150-ASA,1642,23 214.765 (2) Continued violation of any provision in sub. (1) after the commissioner division issues an order to correct shall subject the members of the board of directors of the savings bank to removal from the board and to a permanent order of prohibition under s. 214.91.

AB150-ASA, s. 5448 Section 5448. 214.765 (3) of the statutes is amended to read:

AB150-ASA,1643,2 214.765 (3) The commissioner division shall promulgate rules to implement this section.

AB150-ASA, s. 5449 Section 5449. 214.772 (4) (a) 5. of the statutes is amended to read:

AB150-ASA,1643,4 214.772 (4) (a) 5. Any other information the commissioner division requires.

AB150-ASA, s. 5450 Section 5450. 214.772 (4) (b) (intro.) of the statutes is amended to read:

AB150-ASA,1643,11 214.772 (4) (b) (intro.) Upon receipt of a completed application and the required fee, the commissioner division may issue a certificate of authority. The certificate of authority may be subject to specific conditions that the commissioner division believes necessary to adequately safeguard the interests of the residents of this state. The commissioner division may not issue a certificate of authority to do business in this state unless all of the following conditions are met:

AB150-ASA, s. 5451 Section 5451. 214.772 (4) (b) 1. of the statutes is amended to read:

AB150-ASA,1643,16 214.772 (4) (b) 1. The foreign savings bank is in sound financial condition and entitled to public confidence, and the commissioner division is satisfied that the foreign savings bank will conduct its business in this state in accordance with the laws of this state.

AB150-ASA, s. 5452 Section 5452. 214.772 (4) (c) (intro.) of the statutes is amended to read:

AB150-ASA,1643,19 214.772 (4) (c) (intro.) The commissioner division may revoke a certificate of authority issued under this section if any of the following occurs:

AB150-ASA, s. 5453 Section 5453. 214.772 (4) (c) 2. of the statutes is amended to read:

AB150-ASA,1643,22 214.772 (4) (c) 2. The foreign savings bank refuses to permit the commissioner division to conduct an examination, or fails to pay applicable fees.

AB150-ASA, s. 5454 Section 5454. 214.772 (4) (c) 3. of the statutes is amended to read:

AB150-ASA,1644,3 214.772 (4) (c) 3. The commissioner division determines that the foreign savings bank is in an unsafe condition or that its continued operation in this state is otherwise inconsistent with the best interests of the residents of this state.

AB150-ASA, s. 5455 Section 5455. 214.772 (5) of the statutes is amended to read:

AB150-ASA,1644,11 214.772 (5) A foreign savings bank doing business in this state shall be examined by the commissioner division as provided under s. 214.725, audited under s. 214.76 and assessed fees as provided under s. 214.715 (1) (h), together with any out-of-state travel expenses incurred in the course of an examination or audit. The commissioner division may accept all or part of an examination or audit prepared on behalf of the regulatory authority responsible for the supervision of the foreign savings bank in the jurisdiction in which the foreign savings bank is organized.

AB150-ASA, s. 5456 Section 5456. 214.772 (6) of the statutes is amended to read:

AB150-ASA,1644,19 214.772 (6) A foreign savings bank doing business in this state shall maintain on file with the commissioner division the name and address of a person in this state who is authorized to receive legal process on behalf of the foreign savings bank. The commissioner division shall maintain a current record of each person so designated. The record of the commissioner division shall be conclusive evidence of the authority of the person whose name appears in the record to receive process on behalf of the foreign savings bank.

AB150-ASA, s. 5457 Section 5457. 214.772 (7) of the statutes is amended to read:

AB150-ASA,1645,3 214.772 (7) If the laws of another jurisdiction prohibit a savings bank from doing business in that jurisdiction, a foreign savings bank organized under the laws of that jurisdiction may not be authorized to do business in this state. If the laws of another jurisdiction require the posting of securities or impose other additional requirements as a condition of permitting a savings bank to do business in that jurisdiction, the commissioner division may impose similar requirements on a foreign savings bank organized under the laws of that jurisdiction before issuing the foreign savings bank a certificate of authority to do business in this state.

AB150-ASA, s. 5458 Section 5458. 214.775 (intro.) of the statutes is amended to read:

AB150-ASA,1645,8 214.775 Procedure upon the impairment of capital. (intro.) If the commissioner division finds from a report, examination or other source that a savings bank's capital is impaired, the commissioner division may do any of the following:

AB150-ASA, s. 5459 Section 5459. 214.78 (1) (a) of the statutes is amended to read:

AB150-ASA,1645,11 214.78 (1) (a) Advise the commissioner division on matters related to this chapter.

AB150-ASA, s. 5460 Section 5460. 214.78 (1) (b) of the statutes is amended to read:

AB150-ASA,1645,14 214.78 (1) (b) Review the acts, orders and determinations of the commissioner division.

AB150-ASA, s. 5461 Section 5461. 214.78 (1) (c) of the statutes is amended to read:

AB150-ASA,1645,17 214.78 (1) (c) Act on matters pertaining to this chapter that may be submitted to it by the commissioner division.

AB150-ASA, s. 5462 Section 5462. 214.78 (3) of the statutes is amended to read:

AB150-ASA,1645,24 214.78 (3) A person who subpoenaes a witness shall advance the fees and mileage of the witness. Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). 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. 20.175 20.144 (1) (g).

AB150-ASA, s. 5463 Section 5463. 214.785 (1) of the statutes is amended to read:

AB150-ASA,1646,13 214.785 (1) Any interested person or a savings bank aggrieved by any act, order or determination of the commissioner division, which relates to savings banks 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 commissioner's division's act, order or determination. The sole review of the commissioner's division's decision shall be to determine if the commissioner division acted within the scope of the commissioner's division's authority, has not acted in an arbitrary or capricious manner and that the act, order or determination of the commissioner division is supported by substantial evidence in view of the entire record as submitted. The review of applications for new savings banks, branch offices or relocation of offices shall be based exclusively on the record and new evidence may not be taken by the review board. Applications under this subsection shall be considered and disposed of as speedily as possible.

AB150-ASA, s. 5464 Section 5464. 214.785 (2) of the statutes is amended to read:

AB150-ASA,1646,19 214.785 (2) A determination of the review board shall be subject to review under ch. 227. If an act, order or determination of the commissioner division is reversed or modified by the review board, the commissioner division shall be considered to be a person aggrieved and directly affected by the decision under s. 227.53 (1).

AB150-ASA, s. 5465 Section 5465. 214.82 (title) of the statutes is amended to read:

AB150-ASA,1646,22 214.82 (title) Commissioner's Division's authority to take custody and appoint a conservator or a receiver.

AB150-ASA, s. 5466 Section 5466. 214.82 (1) (intro.) of the statutes is amended to read:

AB150-ASA,1647,2 214.82 (1) (intro.) The commissioner division may take custody of and appoint a conservator for the property, liabilities, books, records, business and assets of a savings bank for any of the purposes under s. 214.825 if any of the following conditions exists:

AB150-ASA, s. 5467 Section 5467. 214.82 (1) (a) of the statutes is amended to read:

AB150-ASA,1647,5 214.82 (1) (a) The savings bank fails to produce an annual audited financial statement, after receiving one extension from the commissioner division.

AB150-ASA, s. 5468 Section 5468. 214.82 (1) (b) of the statutes is amended to read:

AB150-ASA,1647,12 214.82 (1) (b) The savings bank's books and records, after at least 2 consecutive notices from the commissioner division spanning at least 2 consecutive calendar quarters, are in an inaccurate and incomplete condition to the extent that the commissioner division is unable to determine the financial condition of the savings bank or the details or purpose of any transaction that may materially affect the savings bank's financial condition.

AB150-ASA, s. 5469 Section 5469. 214.82 (1) (e) of the statutes is amended to read:

AB150-ASA,1647,16 214.82 (1) (e) The savings bank has experienced substantial dissipation of assets due to a violation of a state or federal law, regulation, rule or order of the commissioner division or due to any unsafe or unsound practice.

AB150-ASA, s. 5470 Section 5470. 214.82 (1) (h) of the statutes is amended to read:

AB150-ASA,1647,20 214.82 (1) (h) The savings bank or its officers, directors or employes are violating a state or federal law, regulation, rule or supervisory order of the commissioner division or of another regulatory authority.

AB150-ASA, s. 5471 Section 5471. 214.82 (1) (j) of the statutes is amended to read:

AB150-ASA,1648,3 214.82 (1) (j) The directors, officers, trustees or liquidators have neglected, failed or refused to take any action that the commissioner division considers necessary for the protection of the savings bank, including production of an annual audited financial statement after an extension was granted, have continued to maintain the savings bank's books and records in an inaccurate and incomplete condition for 2 consecutive quarters after 2 notices from the commissioner division or have impeded or obstructed an examination.

AB150-ASA, s. 5472 Section 5472. 214.82 (2) of the statutes is amended to read:

AB150-ASA,1648,9 214.82 (2) The commissioner division may postpone taking custody of a savings bank pending a satisfactory resolution of the condition permitting custody as suggested by the deposit insurance corporation, if the savings bank has sufficient liquidity and has adopted and implemented an operating plan considered prudent by the commissioner division.

AB150-ASA, s. 5473 Section 5473. 214.82 (3) of the statutes is amended to read:

AB150-ASA,1648,14 214.82 (3) The commissioner division shall promulgate rules to govern the determination of a need for a conservator, the selection and appointment of a conservator and the conduct of a conservatorship, including allocation of the payment of costs.

AB150-ASA, s. 5474 Section 5474. 214.825 of the statutes is amended to read:

AB150-ASA,1648,25 214.825 Purposes of taking custody. The purposes of taking custody of a savings bank may include examination; production of an audited financial statement; reconstruction of books and records; conservation of assets; restoration of impaired capital; the making of any necessary or equitable adjustment, including changes in officers and management, considered necessary by the commissioner division under any plan of reorganization or liquidation; restructuring of the savings bank through a merger or formation of a interim institution; establishment of a conservatorship to operate and manage a savings bank as an ongoing concern until the grounds for custody and conservatorship are remedied; or the maturing of an obligation of the deposit insurance corporation.

AB150-ASA, s. 5475 Section 5475. 214.83 of the statutes is amended to read:

AB150-ASA,1649,8 214.83 (title) Commissioner's Division's powers during custody. During the period in which the commissioner division has custody of a savings bank, the commissioner division shall have all powers necessary to accomplish the purposes of custody of the savings bank and the authority to call meetings of the members, stockholders, former officers and directors, liquidators or trustees to consider and act upon matters considered by the commissioner division to be of sufficient importance to obtain the views of those persons.

AB150-ASA, s. 5476 Section 5476. 214.835 (intro.) of the statutes is amended to read:

AB150-ASA,1649,12 214.835 Custody of savings banks. (intro.) If the commissioner division takes custody of a savings bank, in addition to powers conferred under ss. 214.825 and 214.83, the commissioner division may do any of the following:

AB150-ASA, s. 5477 Section 5477. 214.835 (1) of the statutes is amended to read:

AB150-ASA,1649,17 214.835 (1) Notify the deposit insurance corporation of the custody and the reasons for that action, including a copy of the commissioner's division's report of examination and condition of the savings bank, and to appoint the deposit insurance corporation or its designee as receiver or conservator for the savings bank.

AB150-ASA, s. 5478 Section 5478. 214.835 (3) of the statutes is amended to read:

AB150-ASA,1649,22 214.835 (3) Determine and declare the savings bank to be in default, find from the commissioner's division's examination and from reports of the savings bank the amount of insured deposits and make any necessary orders that may be required for the purpose of making deposit insurance available to depositors.

AB150-ASA, s. 5479 Section 5479. 214.84 of the statutes is amended to read:

AB150-ASA,1650,12 214.84 Notice of custody; action to enjoin. On the date the commissioner division takes custody of a savings bank, the commissioner division shall provide by 1st class mail a written notice of that action to the president or secretary and to 2 or more directors of the savings bank or to 2 or more of the trustees of any trust or to 2 or more of the liquidators if the savings bank is in liquidation. If the parties receiving notice believe the commissioner division does not have authority to take custody, the savings bank, the directors or officers of the savings bank or the trustees or liquidators, within 20 days after the mailing of the notice, or within further periods of time as the commissioner division may extend up to an additional 60 days, may file a complaint in the circuit court of the county in which the savings bank is located to enjoin custody. The court shall require the commissioner division to show cause why custody should not be enjoined. If, upon hearing, the court finds that grounds do not exist for the commissioner's division's custody, it may enter an order enjoining further custody.

AB150-ASA, s. 5480 Section 5480. 214.845 of the statutes is amended to read:

AB150-ASA,1650,22 214.845 Segregation of collections during custody. All payments received on deposit accounts on depositors' unpledged accounts during custody of the savings bank shall be segregated in a separate account until the savings bank is redelivered to the directors, trustees or liquidators or delivered to a conservator or receiver. A depositor whose payments have been segregated may request the return of those payments and the commissioner division shall repay them without interest or dividends. Before delivery of the savings bank or its assets to any trustee, liquidator, receiver or conservator, the commissioner division shall return the money segregated in the separate account.

AB150-ASA, s. 5481 Section 5481. 214.85 of the statutes is amended to read:

AB150-ASA,1651,4 214.85 Redelivery of possession. If, after examination of the savings bank and consideration of all conditions affecting its affairs, the commissioner division finds that the cause for taking custody has been removed, the commissioner division shall relinquish custody of the savings bank, remove any conservator appointed and redeliver the savings bank and all assets, books and records to its qualified directors, trustees or liquidators.

AB150-ASA, s. 5482 Section 5482. 214.855 of the statutes is amended to read:

AB150-ASA,1651,9 214.855 Limitations upon custody. The custody of a savings bank by the commissioner division, including a conservatorship, may be continued for a reasonable period not to exceed 12 months, unless a longer time period is approved by a vote of two-thirds of the directors of the savings bank or ordered by a court.

AB150-ASA, s. 5483 Section 5483. 214.90 (intro.) of the statutes is amended to read:

AB150-ASA,1651,17 214.90 Action to correct conditions. (intro.) The commissioner division may issue an order requiring a savings bank, savings bank subsidiary, service corporation, affiliate, savings bank holding company or a party affiliated with a savings bank to take action to correct any condition resulting from a violation or practice identified in the order. The commissioner division may by order require the savings bank, savings bank subsidiary, service corporation, affiliate, savings bank holding company or party affiliated with a savings bank to do any of the following:

AB150-ASA, s. 5484 Section 5484. 214.90 (1) (b) of the statutes is amended to read: