Maryland Financial Institutions Section 8-303

Article - Financial Institutions

§ 8-303.

      (a)      The Division Director shall adopt regulations necessary to accomplish the policies set forth in § 8-102 of this title.

      (b)      Without limiting the authority conferred by subsection (a) of this section, the Division Director may adopt regulations consistent with the provisions of this title and Title 9 of this article with respect to:

            (1)      Any powers conferred on the Division Director in this title and Title 9 of this article;

            (2)      Reserve requirements;

            (3)      Stock ownership and dividends;

            (4)      Stock transfers (change of control);

            (5)      Incorporators, controlling persons, directors, officers, employees, and agents of a savings and loan association;

            (6)      Bylaws;

            (7)      Related entities;

            (8)      The structure of the office of the Division;

            (9)      The operation, conduct, and management of savings and loan associations;

            (10)      Withdrawable accounts, savings accounts and plans, and contracts for savings programs;

            (11)      Loans and loan expenses, including underwriting procedures;

            (12)      Investments;

            (13)      Forms and definitions;

            (14)      Types of financial records to be maintained by savings and loan associations;

            (15)      Retention periods of various financial records of savings and loan associations;

            (16)      Internal control procedures of savings and loan associations;

            (17)      Chartering and branching;

            (18)      Liquidations;

            (19)      Mergers;

            (20)      Conversions;

            (21)      Reports which may be required by the Director;

            (22)      Conflicts of interest;

            (23)      Accounting rules;

            (24)      Issuance of orders;

            (25)      Removal of directors, officers, and employees;

            (26)      Advertising; and

            (27)      Enforcement remedies relating to limitations on interest rates on deposits.

      (c)      Without limiting the authority conferred by subsection (a) of this section, directors and officers of savings and loan associations shall develop and implement, by December 31, 1989, written:

            (1)      Real estate appraisal policies; and

            (2)      Procedures pertaining to the hiring and performance of real estate appraisers.

      (d)      The procedures required under subsection (c)(2) of this section shall set forth specific factors to be considered by the savings and loan association's directors and officers, including but not limited to:

            (1)      Whether the appraiser is licensed or certified under the Business Occupations and Professions Article; and

            (2)      The real estate appraiser's:

                  (i)      Professional education; and

                  (ii)      Experience in real estate appraising.

      (e)      Real estate appraisal policies and procedures shall be submitted by the savings and loan associations to the Division Director for review and approval.

      (f)      The regulations adopted by the Division Director may include reasonable requirements and limitations on the types and amounts of investments, the manner of raising capital, and the nature and amounts of reserves, irrespective of their effects on free economic competition.

      (g)      If the Division Director believes that a savings and loan association or any of its controlling persons, directors, officers, agents, or employees has violated any provision of this title or Title 9 that relates to the association, the Division Director immediately shall report the violation to:

            (1)      The Secretary of Labor, Licensing, and Regulation;

            (2)      The Governor; and

            (3)      The Attorney General, who shall take the appropriate steps to institute an investigation or other appropriate action for the violation.

      (h)      The Division Director may provide advisory opinions on conflicts of interest on request.



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