7-1-318 - Reports of condition -- Form -- Falsification or failure to file.
7-1-318. Reports of condition -- Form -- Falsification or failure to file.
(1) Each institution under the jurisdiction of the department, including each out-of-statedepository institution operating a branch in this state, shall provide a report of its condition to thedepartment at least twice a year, as required by the commissioner. The commissioner mayrequire an institution to provide more frequent reports as necessary.
(2) The report shall be made according to the form prescribed by the commissioner andshall be verified by the oath or affirmation of the president or a vice president and attested by atleast two directors.
(3) It is a third degree felony for any officer, director, or employee of a financialinstitution to do any of the following:
(a) knowingly subscribe or cause to be made any false statement or report to thecommissioner or department;
(b) knowingly subscribe or cause to be made any false entry in the books or accounts ofthe institution; or
(c) knowingly subscribe or exhibit false papers with intent to deceive any personauthorized to examine the institution.
(4) Each institution that fails or neglects to make a report within 30 days after receiving acall for any report required by this title, by an order of the commissioner, or by any rule of thedepartment is subject to a penalty of $50 a day for each day the report is past due. Thecommissioner may reduce or waive the penalty for good cause shown.
(5) It is criminal perjury for any officer or employee of a financial institution under thejurisdiction of the department to willfully swear falsely in making an oath or affirmation concerning a report of the institution's condition.
(6) For information purposes, and without being subject to penalties under state law, afederally chartered depository institution operating a main office or branch in this state shallprovide to the department a copy of its regular report of condition filed with its chartering agency.
Amended by Chapter 49, 1995 General Session