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§ 2004. Relationship of institutions and their personnel with officials and employes of departm...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 7 P.S. Banks and BankingEffective: December 24, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 7 P.S. Banks and Banking (Refs & Annos)
Banking Code of 1965 (Refs & Annos)
Chapter 20. Provisions Applicable to Department of Banking [Heading Repealed] (Refs & Annos)
Effective: December 24, 2012
7 P.S. § 2004
§ 2004. Relationship of institutions and their personnel with officials and employes of department
(a) Loans and Gifts--Notwithstanding the provisions of section 1114-A of the act of May 15, 1933 (P.L. 565, No. 111),1 known as the “Department of Banking Code,” relating to conflicts of interests, and except as provided in subsection (d) of this section, an institution or any director, trustee, officer, employe or attorney thereof shall not grant or give to the Secretary of Banking, any official or employe of the department, any deputy receiver or any employe of the Secretary of Banking as receiver, none of whom shall receive, any sum of money or any property as a gift or loan or otherwise, directly or indirectly--subject to the penalty provisions of this act. This subsection shall not apply to loans to employes of the Department of Banking who function in a clerical or nondecision making capacity with regard to institutions, including but not limited to clerks, typists and stenographers.
(b) Interest in institutions--The Secretary of Banking, any official or employe of the department, any deputy receiver or any employe of the Secretary of Banking as receiver shall not hold any office or position in, have any direct or indirect pecuniary interest in, or directly or indirectly own shares or securities issued by, an institution, except that the Secretary of Banking may continue to own shares or securities issued by an institution which are owned by him on the date of his appointment and all shares or securities distributed by the institution and received by him on account of the shares or securities so owned--subject to the penalty provisions of this act.
(c) Disclosure of interest of Secretary of Banking--In the event of such ownership of shares or securities by the Secretary of Banking, he shall disclose the ownership, amount and date of acquisition of such shares or securities in writing to the Secretary of the Commonwealth immediately after his appointment and shall not during his term of office participate in any decision or take any action concerning an institution in which he owns such shares or securities other than actions or decisions generally applicable to institutions or classes of institutions. In the event of disqualification of the Secretary of Banking from participation in any decision or action for such reason, all authority vested in him by law shall for the purpose of such decision or action be exercised by the senior Deputy Secretary of Banking.
(d) Excepted transactions--The prohibitions of subsections (a) and (b) of this section shall not apply to either:
(i) a loan subject to the provisions of this act secured by a lien on the home of the Secretary of Banking, an official or employe of the department, a deputy receiver or an employe of the Secretary of Banking as receiver, or
(ii) a deposit account with an institution of any such individual.

Credits

1965, Nov. 30, P.L. 847, No. 356, § 2004. Amended 1982, April 8, P.L. 262, No. 79, § 19, imd. effective; 2012, Oct. 24, P.L. 1336, No. 170, § 58, effective in 60 days [Dec. 24, 2012].

Footnotes

71 P.S. § 733-1114-A.
7 P.S. § 2004, PA ST 7 P.S. § 2004
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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