32-1-211. Examination and supervision by department — division of banking and financial institutions — commissioner — rulemaking. (1) The department shall:

Terms Used In Montana Code 32-1-211

  • Affiliate: has the meaning given in 12 U. See Montana Code 32-1-109
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • bank: as used in this chapter means any corporation that has been incorporated to conduct the business of receiving money on deposit or transacting a trust or investment business, as defined in this chapter. See Montana Code 32-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means :

    (a)ownership of, authority over, or power to vote, directly or indirectly, 25% or more of any class of voting security;

    (b)authority in any manner over the election of a majority of directors; or

    (c)power to exercise, directly or indirectly, a controlling influence over management and policies. See Montana Code 32-1-109

  • Department: means the department of administration provided for in Title 2, chapter 15, part 10. See Montana Code 32-1-109
  • Depository institution: means a bank or savings association organized under the laws of a state or the United States. See Montana Code 32-1-109
  • Division: means the division of banking and financial institutions of the department. See Montana Code 32-1-109
  • Doing business in this state: means located in this state or having a physical branch bank location in this state. See Montana Code 32-1-109
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • Oath: A promise to tell the truth.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Service provider: means an individual or person that provides one or more of the following services to a depository institution:

    (i)data processing services;

    (ii)activities supporting financial services, including but not limited to lending, funds transfer, fiduciary activities, trading activities, and deposit taking;

    (iii)internet-related services, including but not limited to web services and electronic bill payments, mobile applications, system and software development and maintenance, and security monitoring; and

    (iv)activities related to the business of banking. See Montana Code 32-1-109

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means a company 25% or more of whose voting shares or equity interests are owned and controlled by a bank. See Montana Code 32-1-109
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203

(a)exercise constant supervision over the books and affairs of all banks and trust companies doing business in this state; and

(b)investigate the methods of operation and conduct of business of the banks and trust companies and their systems of accounting to ascertain whether the methods and systems are in accordance with law and sound banking principles.

(2)Except as provided in subsection (3), the department shall:

(a)examine, at least once every 24 months, each bank or trust company and verify the assets and liabilities of each and investigate the character and value of the assets of each as to ascertain with reasonable certainty that the values are correctly carried on the books; and

(b)submit in writing to the examined bank or trust company a report of the examination’s findings no later than 60 days after the completion of the examination.

(3)The department may accept as the examination required by subsection (2) the findings or results of an examination of a bank, trust company, or service provider that was made by a federal or a state regulatory agency or insuring agency of the United States authorized to make the examination.

(4)Whenever a depository institution or its subsidiary or the depository institution’s affiliate, any of which is subject to examination by the department, causes any of the services listed for a service provider in 32-1-109 to be performed for itself, by contract or otherwise, the performance is subject to regulation and examination by the department to the same extent as if the services were performed by the depository institution itself.

(5)The department may:

(a)enter into joint examination or joint enforcement actions with other bank regulatory agencies having concurrent jurisdiction over a bank, trust company, or service provider;

(b)enter into agreements with any depository institution regulatory agency that has concurrent jurisdiction over a bank, trust company, or service provider to:

(i)engage the services of the agency’s examiners at a reasonable rate of compensation; or

(ii)provide the services of the department’s examiners to the agency at a reasonable rate of compensation;

(c)disclose to a bank information about a service provider of that bank.

(6)The department may in the performance of its official enforcement duties:

(a)examine under oath any of the officers, directors, agents, clerks, customers, or depositors of a bank or trust company regarding the affairs and business of the bank or trust company; and

(b)issue subpoenas and administer oaths.

(7)In case of a refusal to obey a subpoena issued by the department, the refusal may be reported to the district court of the district in which the bank or trust company is located. The court shall enforce obedience to the subpoena in the manner provided by law for enforcing obedience to the process of the court.

(8)In all matters relating to its official duties, the department has the same power possessed by courts of law to issue subpoenas and have them served and enforced.

(9)All officers, directors, agents, and employees of banks or trust companies doing business under this chapter and all persons having dealings with or knowledge of the affairs or methods of a bank or trust company shall:

(a)at all times afford reasonable facilities for the examinations;

(b)make returns and reports to the department as required by the department;

(c)attend hearings and answer under oath the department’s inquiries;

(d)produce and exhibit any books, accounts, documents, and property the department desires to inspect; and

(e)in all things aid the department in the performance of its duty.

(10)There is within the department a division of banking and financial institutions. The head of the division is the commissioner of banking and financial institutions, who shall exercise supervision and control over the activities and employees of the division. The position of commissioner is an exempt position as provided in 2-18-103. The commissioner must be hired by and serve at the pleasure of the director of the department.

(11)The department may adopt rules to implement this section.

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