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Terms Used In Louisiana Revised Statutes 6:101

  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Oath: A promise to tell the truth.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  There is hereby created the Office of Financial Institutions as a state agency, within the office of the governor.  It shall have supervisory and regulatory jurisdiction over all financial institutions and other persons as provided by this Title, and such other jurisdiction as is conferred on the office or commissioner in other legislation.  The commissioner of the Office of Financial Institutions shall have exclusive supervisory and regulatory jurisdiction and authority over Louisiana state-chartered financial institutions and other financial entities regulated by the Office of Financial Institutions, and the state legislature shall have exclusive lawmaking authority, except for rulemaking authority, regarding the supervision and regulation of the same.  The provisions of this Subsection are subject to and do not supersede the provisions of Part IV, Interstate Banking, of Chapter 6 of Title 6 of the Revised Statutes of 1950.  The provisions of this Subsection shall not apply to any litigation pending on August 15, 2003.

B.  The chief officer of the office of financial institutions shall be the commissioner of financial institutions. The commissioner shall be appointed by the governor, shall be submitted to the Senate for confirmation, and shall have five years of active experience as one of the following:

(1)  An accountant with a degree in accounting from an accredited institution or a certified public accountant authorized to practice in Louisiana.

(2)  An attorney licensed to practice law within this state.

(3)  A certified licensed agent, broker, or principal who is registered as such pursuant to La. Rev. Stat. 51:701 et seq. or under the Securities and Exchange Act of 1934.

(4)  An officer of an institution regulated by the Office of Financial Institutions or shall be a person who possesses at least fifteen years of active experience as a state or federal financial institutions regulator.  The commissioner shall have been active in such major policymaking function and actively employed by the state or federal financial institutions regulatory authority within the previous five years of the appointment.

C.  The commissioner shall also serve as commissioner of securities.

D.  The commissioner shall receive a salary set and determined by the governor payable monthly on the commissioner’s own authorization.

E.  The commissioner qualifies by taking and filing the necessary oath of office.  He shall serve for a term of four years from the date of his induction and until his successor qualifies.

Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1999, No. 344, §1, eff. June 16, 1999; Acts 2001, No. 8, §2, eff. July 1, 2001; Acts 2001, No. 9, §1, eff. July 1, 2001; Acts 2003, No. 521, §1; Acts 2003, No. 869, §1.