Louisiana Revised Statutes 6:1331 – Affirmative action to correct conditions resulting from violations of law, regulations, orders, or from practices
Terms Used In Louisiana Revised Statutes 6:1331
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- institution-affiliated party: means :
(1) A director, officer, employee, agent, or controlling stockholder of a savings bank operating under this Chapter. See Louisiana Revised Statutes 6:1335
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
The commissioner is hereby granted authority to issue orders under this Chapter, which orders shall require a savings bank or an institution-affiliated party to take affirmative action to correct any conditions resulting from any violations or practices cited with respect to the order. The order may require the savings bank or the institution-affiliated party to:
(1) Make restitution, provide reimbursement, indemnification, or guarantees for or against losses if:
(a) The savings bank or the institution-affiliated party was unjustly enriched or received direct or indirect personal benefit in connection with such violation or practice, or;
(b) The violation or practice involved a reckless disregard for applicable laws, regulations, or written agreements or written orders of the commissioner or other appropriate regulator.
(2) Restrict the savings bank’s growth or institute appropriate operating restrictions.
(3) Dispose of any loan or asset involved.
(4) Rescind agreements or contracts.
(5) Submit candidates for future directors, employees, or officers, to the commissioner for approval.
(6) Take any other actions the commissioner deems necessary.
Acts 1990, No. 816, §1, eff. Sept. 1, 1990.