Financial Institutions Supervisory Powers: Hearing Before the Committee on Banking, Housing, and Urban Affairs, United States Senate, Ninety-fourth Congress, Second Session, on S 2304 ... March 26, 1976

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Page 39 - control' (including the terms 'controlling,' 'controlled by' and 'under common control with') means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
Page 38 - Information pertaining to such insider transactions shall be readily accessible to examiners and shall include all documents and other material relied upon by the board in approving each transaction, including the name of the insider, the insider's position or relationship that causes such person to be considered an insider, the date on which the transaction was approved by the board, the type of insider transaction and the relevant terms of the transaction, any other pertinent facts which serve...
Page 30 - ... shall forfeit and pay a civil penalty of not more than $1,000 per day for each day during which such violation continues.
Page 25 - Please let us know if we can be of further assistance. Sincerely, GRAHAM W.
Page 40 - The minutes of the meeting at which approval is given shall indicate the nature of the transaction or transactions, the parties to the transaction or transactions, that such review was undertaken and approval given, and the names of individual directors or trustees who voted to approve or disapprove the transaction or transactions. In the case of negative votes, a brief statement of each dissenting director's or trustee's reason for voting to disapprove the proposed insider transaction or transactions...
Page 39 - Such supervisory action may involve institution of formal proceedings under section 8 of the Federal Deposit Insurance Act. Among the factors which the Corporation will consider in determining the presence of unsafe or unsound banking practices involving insider transactions are: (1) Whether, because of preferential terms and conditions, such insider transactions are likely to result in significant loan losses, excessive costs, or other significant economic detriment which would not occur in a comparable...
Page 32 - ... an order to cease and desist from any such violation or practice. Such order may, by provisions which may be mandatory or otherwise, require the institution or its directors, officers, employees, agents, and other persons participating in the conduct of the affairs...
Page 41 - ... the bank shall promptly report such transaction in writing to the Regional Director of the Corporation in charge of the Region in which the bank is headquartered. (F) KNOWLEDGE OF PROPOSED INSIDER TRANSACTION Any insider, having knowledge of an...
Page 39 - of a person, whether through the ownership of voting securities, by contract, or otherwise. (4) Insider. The term "insider" means any officer or employee who participates or has authority to participate in major policy-making functions of a bank, any director or trustee of a bank, or any other person who has direct or indirect control over the voting rights of ten percent of the shares of any class of voting stock of a bank or otherwise controls the management or policies of a bank. (5) Person related...
Page 40 - ... series of related business transactions between a bank and: (i) An insider of the bank; (ii) A person related to an insider of the bank; (iii) Any other person where the transaction is made in contemplation of such person becoming an insider of the bank; or (iv) Any other person where the transaction inures to the tangible economic benefit of an insider or a person related to an insider. (7) Business transaction. The term "business transaction...

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