§ 28-11-4-6 — Temporary order

Indiana § 28-11-4-6

• Jurisdiction: Indiana
• Art. 11: DEPARTMENT OF FINANCIAL INSTITUTIONS
• Ch. 4: Enforcement Powers of the Department

Text

(a) If the director determines that an alleged
practice, a violation, or an act specified in a notice served under this
chapter is likely to:
(1) cause insolvency of the financial institution;
(2) cause substantial dissipation of assets or earnings of the
financial institution; or
(3) otherwise seriously prejudice the interests of the depositors of
the financial institution;
the director may issue a temporary order without a hearing.
(b) A temporary order may:
(1) require the financial institution to cease and desist from the
practice or violation;
(2) require the financial institution to take affirmative action to
correct the conditions resulting from the practice or violation; or
(3) suspend or prohibit a director, an officer, or an employee from
participating in the conduct of the affairs of the financial
institution.
(c) A temporary order is effective upon service and remains
effective and enforceable until the earliest of the following:
(1) The issuance of an injunction by a court under subsection (d).
(2) The dismissal of the charges by the department.
(3) The effective date of a final order under section 7 of this
chapter.
(d) A financial institution served with a temporary order under this
section may apply to a court having jurisdiction for an injunction to
stay, modify, or vacate the order.

Legislative History

As added by P.L.33-1991, SEC.56. Amended by P.L.258-2003, SEC.22; P.L.35-2010, SEC.200.