Слике страница
PDF
ePub

A. D. 1911

Act of 1966,

conditions and farm demonstration work: Provided, That one of such stations shall be established within the Peedee section. of the State, one within the sand hill portion thereof, and the others wherever in the judgment of said board will result to the best interest of the State: And provided, further, That due advertisement for bids in money and donations of land for the location of any such stations in any section of the State shall be made before the location thereof is determined.

Approved the 17th day of February, A. D. 1911.

No. 2.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE
FOR THE APPOINTMENT OF A BANK EXAMINER AND TO
DEFINE THE DUTIES OF HIS OFFICE," APPROVED FEB-
RUARY 23, 1906, BY AMENDING SECTION 3 THEREOF, AND
BY ADDING ANOTHER SECTION TO BE KNOWN AS SEC-
TION 4A.

SECTION 1. Be it enacted by the General Assembly of the 25 Stats., 103. State of South Carolina, That Section 3 of an Act entitled amended "An Act to provide for the appointment of a Bank Examiner be appointed. and to define the duties of his office," approved February 23,

examiners to

Bank Examiner to

examine

1906, be, and the same is hereby, amended by striking out the words beginning "he shall" on line 5 and ending with the words "his duties" on line 7, and inserting in lieu thereof the following: "He shall also be empowered to appoint two assistant examiners, one to receive a salary of eighteen hundred dollars per annum, and one to receive a salary of fifteen hundred dollars per annum, and to pay their traveling expenses while in the discharge of their duties;" and further amend said Act by adding a section to be known as Section 4a, to read as follows:

Section 4a. The Bank Examiner shall make at least one examination each year of each branch bank in this State, and branch banks. shall collect and pay over to the State Treasurer the following. fees for such examination: $20.00 if the total assets do not exceed $100,000; $30.00 if the total assets exceed $100,000. All branch banks shall indicate on their stationery, checks, drafts, notes, signs, advertisements and publications that they

are a branch bank, together with the name and place of business of the parent bank, so that said Act, when so amended, shall read as follows:

A. D. 1911

appoint Bank

Section 1. Immediately after the approval of this Act, the Governor to Governor of the State shall appoint competent person to Examiner. examine, from time to time as hereinafter provided, into the affairs and the condition of all banks and banking institutions conducted by corporations or persons in this State. That in the selection of said Bank Examiner the Governor may advise with the Executive Committee of the South Carolina Bankers' Association.

Duty and

Examiner.

SEC. 2. It shall be the duty of such Bank Examiner, and he shall have power to make a thorough examination into all power of Bank the books, papers and affairs of the aforesaid banks and banking institutions, and in making such examinations the examiner shall have authority to administer oaths and to summon and examine any and all persons connected with the said banks and banking institutions, and if any person in such examination before the Bank Examiner shall testify falsely, he shall be indictable as for perjury. The Bank Examiner shall make a full and detailed report of his findings and file the same in the office of the State Treasurer, and in this report Report. shall be set forth all violations, if any, of the banking laws of this State, and also such a full summary of the affairs of the bank, as shall be necessary for the protection of the rights of the stockholders, depositors and creditors of such bank. It shall also be the duty of said Bank Examiner to forthwith bring to the attention of the said banks all such violations of the banking laws of this State and that the same be remedied or discontinued.

and compen

SEC. 3. The term of office of the said Bank Examiner shall Term of office be four years, and he shall receive as his compensation there- sation. for three thousand dollars per annum, and also all actual expenses, whether traveling or otherwise, incurred by him in the discharge of his duties. He shall also be empowered to appoint two assistant examiners, one to receive a salary of eighteen hundred dollars per annum, and one to receive a salary of fifteen hundred dollars per annum, and to pay their traveling expenses while in the discharge of their duties. The

Assistant.

A. D. 1911

Proviso.

Fees for

Bank Examiner shall also have the right to incur such reasonable expenses as are necessary in the conduct and management of his office: Provided, however, That the total of all his expenses as provided for in this Act, shall not exceed the sum to be derived by assessments from the various banks in this State as herein provided for.

SEC. 4. The Bank Examiner shall make at least one examExamination. ination every year of all the banks and banking institutions in this State, and for every examination he shall collect and pay over to the State Treasurer the following fees: From all banks having one hundred thousand ($100,000) dollars or more capital, fifty ($50) dollars; from all banks having over fifty thousand ($50,000) dollars and under one hundred thousand ($100,000) dollars capital, forty ($40) dollars; from all banks having over twenty thousand ($20,000) dollars and under fifty thousand ($50,000) dollars capital, thirty ($30) dollars; and from all banks having a capital less than twenty thousand ($20,000) dollars, he shall collect twenty ($20) dollars. No bank shall be compelled to pay for more than one examination each year, unless such additional examination shall be requested by the stockholders as hereinafter provided. The State Treasurer shall hold such funds in his hands for the special purpose of paying the expenses of the State Examiner and his office, and shall be payable upon the order of the said State Bank Examiner. The State Treasurer shall include in his annual report to the Legislature an abstract of the reports made to him by the State Bank Examiner, showing the financial condition of the banks examined by him as shown by said reports, and also a schedule of the receipts and disbursements connected with the said State Bank Examiner's office.

Disposition of
Funds.

Examine

Branch Banks.

SEC. 4a. The Bank Examiner shall make at least one examination each year of each branch bank in this State, and shall collect and pay over to the State Treasurer the following fees for such examination: $20.00 if the total assets do not exceed $100,000; $30.00 if the total assets exceed $100,000.

SEC. 5. If the State Bank Examiner shall find that any of Duty in case the said banks or banking institutions are insolvent, or that their business is being so dishonestly and fraudulently con

of unsound

banks.

A. D. 1911

ducted as to jeodardize the interests of the depositors, credit-
ors or stockholders, he shall have full power, upon consulta-
tion with the State Treasurer, to take and retain possession
of all the assets and property of every description belonging
to such bank or banking institution: Provided, He shall first
have applied for and obtained an order to this effect from a Proviso.
Circuit Judge, either residing or presiding at the time, in the
circuit in which such bank or banking institution is located,
two days' notice of such application being first given to the
board of directors of said bank of the application for said
order. And it shall be his duty and he is hereby authorized
and empowered to make proper application to the court for the
appointment of himself or some other person as receiver to
wind up and settle the affairs of such bank or banking insti
tution.

SEC. 6. It shall be the duty of said Bank Examiner, at any Special Examtime, upon receiving the petition of stockholders representing inations. one-fourth (4) of the capital stock of any bank which may be incorporated under the laws of this State to make forthwith a special examination of such bank and to file a report of the same with the State Treasurer, and for such special examination the said bank shall pay to the State Bank Examiner for the State Treasurer the same fees as is provided for one annual examination under this Act.

of Bank

SEC. 7. That no person shall be appointed to the office of Qualifications the State Bank Examiner, unless he be an expert accountant Examiner. and shall have had practical experience in the banking business, nor shall he qualify as such examiner until he shall have taken the oath provided for in the Constitution, and shall have filed in the office of the State Treasurer a bond, in the sum of fifteen thousand dollars, with sufficient surety to be approved by the State Treasurer, and conditioned for the faithful performance of his duties.

SEC. 8. The quarterly statements now required by law to Statements be published by the banking institutions in this State shall here- by Banks. after be published, not quarterly as heretofore, but when and as called for, by the State Bank Examiner, without previous notice to said banking institutions, and such statements shall be called for by said Bank Examiner at least four times each

A. D. 1911

Misdemeanor

to obstruct Bank Examiner.

Act of 1903,

24 Stats, 69, amended.

porations and

year, and published in some newspaper in the county wherein such banking institution is located.

SEC. 9. Any person who obstructs or interferes with the State Bank Examiner in any way in the performance of his duties shall, upon conviction, be deemed guilty of a misdemeanor, and shall be subject to imprisonment for not more than one year, or a fine not more than one thousand dollars, or both, in the discretion of the court.

SEC. 10. Nothing contained in this Act shall apply to any National Bank.

SEC. 11. That all Acts and parts of Acts relating to the subject of Bank Examiner heretofore enacted in this State inconsistent with this Act are hereby repealed.

Approved the 20th day of February, A. D. 1911.

No. 3.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AUTHOR-
IZE THE APPOINTMENT OF CERTAIN BANKING CORPORA-
TIONS AND TRUST COMPANIES AS TRUSTEES, EXECUTORS,
ADMINISTRATORS, GUARDIANS, RECEIVERS OR ASSIGNEES,"
APPROVED FEBRUARY 20, 1903.

SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That Section 1 of an Act entitled "An Banking cor- Act to authorize the appointment of certain banking corporatrust compa- tions and trust companies as trustees, executors, administrators, ized to act as guardians, receivers or assignees," approved February 20, 1903, administrator, be, and the same is hereby, amended by striking out on lines trustee, etc. 4, 5, 6, 7, 8 and 9 of said section the words, "which has here

nies author

guardian,

tofore been authorized by its charter, granted by the General Assembly or granted by the Secretary of State under general laws, or which may hereafter be authorized by its charter, granted under general laws by the Secretary of State, to act as guardian, trustee, receiver, assignee, executor or administrator," so that said section, when so amended, shall read as follows:

Section 1. Any banking corporation or trust copmany with a bona fide capital of at least twenty-five thousand dollars actually paid in, may be appointed executor of a will, codicil

« ПретходнаНастави »