{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-1199.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-1199.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-1199.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-1199.html"}],"law_id":60843,"edition_id":1,"section_id":60843,"structure_id":13751,"section_number":"6.2-1199","catch_line":"Powers of Commission in case of nonobservance of law, noncompliance with orders, insufficient reserves or insolvency; appointment of Federal Deposit Insurance Corporation as receiver","history":"Code 1950, \u00a7 6-201.60; 1960, c. 402; 1966, c. 584, \u00a7 6.1-190; 1972, c. 796, \u00a7 6.1-195.70; 1983, c. 506; 1985, c. 425, \u00a7 6.1-194.83; 1990, c. 3; 2010, c. 794.","full_text":"A\n\nIf the Commission finds that: (i) the laws of the Commonwealth are not being fully observed by a savings institution doing business in the Commonwealth; (ii) a savings institution is being operated in an unsafe or unsound manner; (iii) the institution has failed to comply with the lawful orders of the Commission; (iv) the reserve of the institution is insufficient for the protection of account holders; or (v) a savings institution is, or is about to become, insolvent, it shall give immediate notice thereof to the officers and directors of the institution. If necessary to conserve the assets of the institution or to protect the interests of its account holders or the public interest, the Commission may, after reasonable notice to the institution and opportunity for it to be heard:1\n\nClose the institution for a period not exceeding 60 days, which period may be further extended for a like period or periods as the Commission deems necessary;2\n\nRequire the officers and directors of the institution to liquidate, insofar as is required, its outstanding loans;3\n\nRequire that all lawful orders of the Commission be complied with;4\n\nRequire the institution to make reports daily or at such other times as it may require as to the results achieved in carrying out its orders;5\n\nTemporarily suspend the right of such institution to receive any further deposits;6\n\nWithout examination, close, for such period or periods as the Commission may deem necessary, any savings institution facing an emergency due to withdrawal of deposits or otherwise, or, without closing such savings institution, grant to it the right to suspend or limit the withdrawal of deposits, for such period as the Commission may determine; or7\n\nRequire that the savings institution desist from those activities that have resulted in the unsafe or unsound operation of the institution.B\n\nIf the Commission determines that a receiver should be appointed for a savings institution, the Commission may close the doors of the institution, take charge of the books, assets and affairs of the institution, and apply to any court in the Commonwealth having jurisdiction to appoint receivers for the appointment of a receiver to take charge of the institution&#8217;s business and assets. Proceedings for the appointment of a receiver of a savings institution shall not be entertained by any court except on the application of the Commission.C\n\nIn any case where the Commission finds that an insured savings institution is insolvent or about to become insolvent, the Commission may seek the appointment of the Federal Deposit Insurance Corporation as receiver for the savings institution. The court may appoint the Federal Deposit Insurance Corporation as receiver for the savings institution if it finds that to do so would be in the public interest. Upon its being appointed, the Federal Deposit Insurance Corporation shall not be required to post bond, and it shall have as receiver all those powers afforded under federal law.D\n\nThe Commissioner may issue and serve upon an association an order to cease and desist from an unsafe or unsound practice or a violation if, in the opinion of the Commissioner, an association (i) is engaging or has engaged, or there is reasonable cause to believe is about to engage, in an unsafe or unsound practice in conducting the business of the association; or (ii) is violating or has violated, or there is reasonable cause to believe is about to violate, this chapter or any other applicable law, regulation, or order. An order to cease and desist shall contain a statement of the facts constituting the alleged violation or unsafe or unsound practice, and it may require, in terms that may be mandatory or otherwise, an association, its directors, officers, employees, or agents to cease and desist from such violation or practice. The order shall specify the effective date thereof and shall contain a notice to the association of its right to request a hearing on the order in accordance with the Commission&#8217;s Rules.E\n\nWhen the unsafe or unsound practice or the violation specified in an order to cease and desist, or any continuation thereof, is likely to prejudice the interests of the account holders or the stockholders of an association, the Commissioner may issue his order effective immediately. An order to cease and desist shall remain in effect until it is withdrawn by the Commissioner or is terminated by the Commission after a hearing on the matter. A request for hearing under this section shall be given expeditious treatment on the docket of the Commission, and the Commission need not allow for 10 days&#8217; notice to the parties.","order_by":null,"text":{"0":{"id":222389,"text":"If the Commission finds that: (i) the laws of the Commonwealth are not being fully observed by a savings institution doing business in the Commonwealth; (ii) a savings institution is being operated in an unsafe or unsound manner; (iii) the institution has failed to comply with the lawful orders of the Commission; (iv) the reserve of the institution is insufficient for the protection of account holders; or (v) a savings institution is, or is about to become, insolvent, it shall give immediate notice thereof to the officers and directors of the institution. If necessary to conserve the assets of the institution or to protect the interests of its account holders or the public interest, the Commission may, after reasonable notice to the institution and opportunity for it to be heard:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":222390,"text":"Close the institution for a period not exceeding 60 days, which period may be further extended for a like period or periods as the Commission deems necessary;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":222391,"text":"Require the officers and directors of the institution to liquidate, insofar as is required, its outstanding loans;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":222392,"text":"Require that all lawful orders of the Commission be complied with;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":222393,"text":"Require the institution to make reports daily or at such other times as it may require as to the results achieved in carrying out its orders;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":222394,"text":"Temporarily suspend the right of such institution to receive any further deposits;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":222395,"text":"Without examination, close, for such period or periods as the Commission may deem necessary, any savings institution facing an emergency due to withdrawal of deposits or otherwise, or, without closing such savings institution, grant to it the right to suspend or limit the withdrawal of deposits, for such period as the Commission may determine; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":222396,"text":"Require that the savings institution desist from those activities that have resulted in the unsafe or unsound operation of the institution.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":222397,"text":"If the Commission determines that a receiver should be appointed for a savings institution, the Commission may close the doors of the institution, take charge of the books, assets and affairs of the institution, and apply to any court in the Commonwealth having jurisdiction to appoint receivers for the appointment of a receiver to take charge of the institution&#8217;s business and assets. Proceedings for the appointment of a receiver of a savings institution shall not be entertained by any court except on the application of the Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":222398,"text":"In any case where the Commission finds that an insured savings institution is insolvent or about to become insolvent, the Commission may seek the appointment of the Federal Deposit Insurance Corporation as receiver for the savings institution. The court may appoint the Federal Deposit Insurance Corporation as receiver for the savings institution if it finds that to do so would be in the public interest. Upon its being appointed, the Federal Deposit Insurance Corporation shall not be required to post bond, and it shall have as receiver all those powers afforded under federal law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"10":{"id":222399,"text":"The Commissioner may issue and serve upon an association an order to cease and desist from an unsafe or unsound practice or a violation if, in the opinion of the Commissioner, an association (i) is engaging or has engaged, or there is reasonable cause to believe is about to engage, in an unsafe or unsound practice in conducting the business of the association; or (ii) is violating or has violated, or there is reasonable cause to believe is about to violate, this chapter or any other applicable law, regulation, or order. An order to cease and desist shall contain a statement of the facts constituting the alleged violation or unsafe or unsound practice, and it may require, in terms that may be mandatory or otherwise, an association, its directors, officers, employees, or agents to cease and desist from such violation or practice. The order shall specify the effective date thereof and shall contain a notice to the association of its right to request a hearing on the order in accordance with the Commission&#8217;s Rules.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":222400,"text":"When the unsafe or unsound practice or the violation specified in an order to cease and desist, or any continuation thereof, is likely to prejudice the interests of the account holders or the stockholders of an association, the Commissioner may issue his order effective immediately. An order to cease and desist shall remain in effect until it is withdrawn by the Commissioner or is terminated by the Commission after a hearing on the matter. A request for hearing under this section shall be given expeditious treatment on the docket of the Commission, and the Commission need not allow for 10 days&#8217; notice to the parties.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13751,"edition_id":1,"name":"Supervision","identifier":"9","label":"article","depth":4,"order_by":1,"parent_id":13490,"metadata":{},"date_created":"2026-06-26 03:45:46","date_modified":"2026-06-26 03:45:46","permalink":{"id":264483,"object_type":"structure","relational_id":13751,"identifier":"9","token":"6.2\/II\/11\/9","url":"\/6.2\/II\/11\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13490,"edition_id":1,"name":"Savings Institutions","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":13000,"metadata":{},"date_created":"2026-06-26 03:45:01","date_modified":"2026-06-26 03:45:01","permalink":{"id":264101,"object_type":"structure","relational_id":13490,"identifier":"11","token":"6.2\/II\/11","url":"\/6.2\/II\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13000,"edition_id":1,"name":"Depository Institutions and Trust Organizations","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":263685,"object_type":"structure","relational_id":13000,"identifier":"II","token":"6.2\/II","url":"\/6.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57271,"structure_id":13751,"section_number":"6.2-1191","catch_line":"General supervisory powers of Commission","url":"\/6.2-1191\/","token":"6.2\/II\/11\/9\/6.2-1191","metadata":false},{"id":58058,"structure_id":13751,"section_number":"6.2-1192","catch_line":"Regulations","url":"\/6.2-1192\/","token":"6.2\/II\/11\/9\/6.2-1192","metadata":false},{"id":54754,"structure_id":13751,"section_number":"6.2-1193","catch_line":"Statements to be furnished by Commission to directors of savings institutions","url":"\/6.2-1193\/","token":"6.2\/II\/11\/9\/6.2-1193","metadata":false},{"id":76799,"structure_id":13751,"section_number":"6.2-1194","catch_line":"State savings institutions to furnish financial statements and reports","url":"\/6.2-1194\/","token":"6.2\/II\/11\/9\/6.2-1194","metadata":false},{"id":82129,"structure_id":13751,"section_number":"6.2-1195","catch_line":"Examination of state savings institutions and affiliates by Commissioner; report of examination","url":"\/6.2-1195\/","token":"6.2\/II\/11\/9\/6.2-1195","metadata":false},{"id":54871,"structure_id":13751,"section_number":"6.2-1196","catch_line":"Access to books and evidence of debt; examination of directors, officers, and employees under oath","url":"\/6.2-1196\/","token":"6.2\/II\/11\/9\/6.2-1196","metadata":false},{"id":69518,"structure_id":13751,"section_number":"6.2-1197","catch_line":"False statements; penalty","url":"\/6.2-1197\/","token":"6.2\/II\/11\/9\/6.2-1197","metadata":false},{"id":62949,"structure_id":13751,"section_number":"6.2-1198","catch_line":"Audits","url":"\/6.2-1198\/","token":"6.2\/II\/11\/9\/6.2-1198","metadata":false},{"id":60843,"structure_id":13751,"section_number":"6.2-1199","catch_line":"Powers of Commission in case of nonobservance of law, noncompliance with orders, insufficient reserves or insolvency; appointment of Federal Deposit Insurance Corporation as receiver","url":"\/6.2-1199\/","token":"6.2\/II\/11\/9\/6.2-1199","metadata":false},{"id":85960,"structure_id":13751,"section_number":"6.2-1200","catch_line":"Removal of director or officer; appeal; penalty for acting after removal","url":"\/6.2-1200\/","token":"6.2\/II\/11\/9\/6.2-1200","metadata":false},{"id":68119,"structure_id":13751,"section_number":"6.2-1201","catch_line":"Special examinations","url":"\/6.2-1201\/","token":"6.2\/II\/11\/9\/6.2-1201","metadata":false},{"id":77126,"structure_id":13751,"section_number":"6.2-1202","catch_line":"Fees for supervision and regulation; investigations","url":"\/6.2-1202\/","token":"6.2\/II\/11\/9\/6.2-1202","metadata":false},{"id":74032,"structure_id":13751,"section_number":"6.2-1203","catch_line":"Examination of persons believed to be doing business without authority; doing business without authority; penalty","url":"\/6.2-1203\/","token":"6.2\/II\/11\/9\/6.2-1203","metadata":false},{"id":64847,"structure_id":13751,"section_number":"6.2-1204","catch_line":"Compliance by savings institution holding companies with federal regulations constitutes compliance with Commission regulations","url":"\/6.2-1204\/","token":"6.2\/II\/11\/9\/6.2-1204","metadata":false},{"id":61378,"structure_id":13751,"section_number":"6.2-1205","catch_line":"Merger, consolidation or transfer of assets of insolvent or financially unstable savings institution; notice and hearing; final order; priorities; examinations of resulting institutions","url":"\/6.2-1205\/","token":"6.2\/II\/11\/9\/6.2-1205","metadata":false}],"previous_section":{"id":62949,"structure_id":13751,"section_number":"6.2-1198","catch_line":"Audits","url":"\/6.2-1198\/","token":"6.2\/II\/11\/9\/6.2-1198","metadata":false},"next_section":{"id":85960,"structure_id":13751,"section_number":"6.2-1200","catch_line":"Removal of director or officer; appeal; penalty for acting after removal","url":"\/6.2-1200\/","token":"6.2\/II\/11\/9\/6.2-1200","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-1199\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 402; in 1966, chapter 584; in 1972, chapter 796; in 1983, chapter 506; in 1985, chapter 425; in 1990, chapter 3; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0794\">794<\/a>.<\/p>","references":[{"id":82490,"section_number":"6.2-1127","catch_line":"Bonds of officers and employees","order_by":null,"url":"\/6.2-1127\/"}],"refers_to":false,"permalink":{"id":264517,"object_type":"law","relational_id":60843,"identifier":"6.2-1199","token":"6.2\/II\/11\/9\/6.2-1199","url":"\/6.2-1199\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-1199\/","token":"6.2\/II\/11\/9\/6.2-1199","dublin_core":{"Title":"Powers of Commission in case of nonobservance of law, noncompliance with orders, insufficient reserves or insolvency; appointment of Federal Deposit Insurance Corporation as receiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-1199","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If the <span class=\"dictionary\">Commission<\/span> finds that: (i) the <span class=\"dictionary\">laws<\/span> of the Commonwealth are not being fully observed by a <span class=\"dictionary\">savings institution<\/span> doing business in the Commonwealth; (ii) a <span class=\"dictionary\">savings institution<\/span> is being operated in an unsafe or unsound manner; (iii) the institution has failed to comply with the lawful <span class=\"dictionary\">orders<\/span> of the <span class=\"dictionary\">Commission<\/span>; (iv) the reserve of the institution is insufficient for the protection of <span class=\"dictionary\">account<\/span> holders; or (v) a <span class=\"dictionary\">savings institution<\/span> is, or is about to become, insolvent, it shall give immediate notice thereof to the officers and directors of the institution. If necessary to conserve the <span class=\"dictionary\">assets<\/span> of the institution or to protect the interests of its <span class=\"dictionary\">account<\/span> holders or the public interest, the <span class=\"dictionary\">Commission<\/span> may, after reasonable notice to the institution and opportunity for it to be heard: <a id=\"paragraph-222389\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Close the institution for a period not exceeding 60 days, which period may be further extended for a like period or periods as the <span class=\"dictionary\">Commission<\/span> deems necessary; <a id=\"paragraph-222390\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Require the officers and directors of the institution to liquidate, insofar as is required, its outstanding loans; <a id=\"paragraph-222391\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Require that all lawful <span class=\"dictionary\">orders<\/span> of the <span class=\"dictionary\">Commission<\/span> be complied with; <a id=\"paragraph-222392\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Require the institution to make reports daily or at such other times as it may require as to the results achieved in carrying out its <span class=\"dictionary\">orders<\/span>; <a id=\"paragraph-222393\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Temporarily suspend the right of such institution to receive any further deposits; <a id=\"paragraph-222394\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Without examination, close, for such period or periods as the <span class=\"dictionary\">Commission<\/span> may deem necessary, any <span class=\"dictionary\">savings institution<\/span> facing an emergency due to withdrawal of deposits or otherwise, or, without closing such <span class=\"dictionary\">savings institution<\/span>, grant to it the right to suspend or limit the withdrawal of deposits, for such period as the <span class=\"dictionary\">Commission<\/span> may determine; or <a id=\"paragraph-222395\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Require that the <span class=\"dictionary\">savings institution<\/span> desist from those activities that have resulted in the unsafe or unsound operation of the institution. <a id=\"paragraph-222396\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#A7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If the <span class=\"dictionary\">Commission<\/span> determines that a receiver should be appointed for a <span class=\"dictionary\">savings institution<\/span>, the <span class=\"dictionary\">Commission<\/span> may close the doors of the institution, take charge of the books, <span class=\"dictionary\">assets<\/span> and affairs of the institution, and apply to any <span class=\"dictionary\">court<\/span> in the Commonwealth having <span class=\"dictionary\">jurisdiction<\/span> to appoint receivers for the appointment of a receiver to take charge of the institution&#8217;s business and <span class=\"dictionary\">assets<\/span>. Proceedings for the appointment of a receiver of a <span class=\"dictionary\">savings institution<\/span> shall not be entertained by any <span class=\"dictionary\">court<\/span> except on the application of the <span class=\"dictionary\">Commission<\/span>. <a id=\"paragraph-222397\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> In any case where the <span class=\"dictionary\">Commission<\/span> finds that an <span class=\"dictionary\">insured savings institution<\/span> is insolvent or about to become insolvent, the <span class=\"dictionary\">Commission<\/span> may seek the appointment of the Federal Deposit Insurance Corporation as receiver for the savings institution. The <span class=\"dictionary\">court<\/span> may appoint the Federal Deposit Insurance Corporation as receiver for the savings institution if it finds that to do so would be in the public interest. Upon its being appointed, the Federal Deposit Insurance Corporation shall not be required to post <span class=\"dictionary\">bond<\/span>, and it shall have as receiver all those powers afforded under federal <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-222398\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">Commissioner<\/span> may <span class=\"dictionary\">issue<\/span> and serve upon an <span class=\"dictionary\">association<\/span> an <span class=\"dictionary\">order<\/span> to cease and desist from an unsafe or unsound practice or a violation if, in the <span class=\"dictionary\">opinion<\/span> of the <span class=\"dictionary\">Commissioner<\/span>, an <span class=\"dictionary\">association<\/span> (i) is engaging or has engaged, or there is reasonable cause to believe is about to engage, in an unsafe or unsound practice in conducting the business of the <span class=\"dictionary\">association<\/span>; or (ii) is violating or has violated, or there is reasonable cause to believe is about to violate, this chapter or any other applicable <span class=\"dictionary\">law<\/span>, regulation, or <span class=\"dictionary\">order<\/span>. An <span class=\"dictionary\">order<\/span> to cease and desist shall contain a statement of the <span class=\"dictionary\">facts<\/span> constituting the alleged violation or unsafe or unsound practice, and it may require, in terms that may be mandatory or otherwise, an <span class=\"dictionary\">association<\/span>, its directors, officers, employees, or agents to cease and desist from such violation or practice. The <span class=\"dictionary\">order<\/span> shall specify the effective date thereof and shall contain a notice to the <span class=\"dictionary\">association<\/span> of its right to request a <span class=\"dictionary\">hearing<\/span> on the <span class=\"dictionary\">order<\/span> in accordance with the <span class=\"dictionary\">Commission<\/span>&#8217;s Rules. <a id=\"paragraph-222399\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> When the unsafe or unsound practice or the violation specified in an <span class=\"dictionary\">order<\/span> to cease and desist, or any continuation thereof, is likely to prejudice the interests of the <span class=\"dictionary\">account<\/span> holders or the stockholders of an <span class=\"dictionary\">association<\/span>, the <span class=\"dictionary\">Commissioner<\/span> may <span class=\"dictionary\">issue<\/span> his <span class=\"dictionary\">order<\/span> effective immediately. An <span class=\"dictionary\">order<\/span> to cease and desist shall remain in effect until it is withdrawn by the <span class=\"dictionary\">Commissioner<\/span> or is terminated by the <span class=\"dictionary\">Commission<\/span> after a <span class=\"dictionary\">hearing<\/span> on the matter. A request for <span class=\"dictionary\">hearing<\/span> under this section shall be given expeditious treatment on the <span class=\"dictionary\">docket<\/span> of the <span class=\"dictionary\">Commission<\/span>, and the <span class=\"dictionary\">Commission<\/span> need not allow for 10 days&#8217; notice to the parties. <a id=\"paragraph-222400\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1199\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOWERS OF COMMISSION IN CASE OF NONOBSERVANCE OF LAW, NONCOMPLIANCE WITH ORDERS,\nINSUFFICIENT RESERVES OR INSOLVENCY; APPOINTMENT OF FEDERAL DEPOSIT INSURANCE\nCORPORATION AS RECEIVER (\u00a7 6.2-1199)\n\nA. If the Commission finds that: (i) the laws of the Commonwealth are not being\nfully observed by a savings institution doing business in the Commonwealth; (ii)\na savings institution is being operated in an unsafe or unsound manner; (iii)\nthe institution has failed to comply with the lawful orders of the Commission;\n(iv) the reserve of the institution is insufficient for the protection of\naccount holders; or (v) a savings institution is, or is about to become,\ninsolvent, it shall give immediate notice thereof to the officers and directors\nof the institution. If necessary to conserve the assets of the institution or to\nprotect the interests of its account holders or the public interest, the\nCommission may, after reasonable notice to the institution and opportunity for\nit to be heard:\n\n   1. Close the institution for a period not exceeding 60 days, which period may\n   be further extended for a like period or periods as the Commission deems\n   necessary;\n\n   2. Require the officers and directors of the institution to liquidate, insofar\n   as is required, its outstanding loans;\n\n   3. Require that all lawful orders of the Commission be complied with;\n\n   4. Require the institution to make reports daily or at such other times as it\n   may require as to the results achieved in carrying out its orders;\n\n   5. Temporarily suspend the right of such institution to receive any further\n   deposits;\n\n   6. Without examination, close, for such period or periods as the Commission\n   may deem necessary, any savings institution facing an emergency due to\n   withdrawal of deposits or otherwise, or, without closing such savings\n   institution, grant to it the right to suspend or limit the withdrawal of\n   deposits, for such period as the Commission may determine; or\n\n   7. Require that the savings institution desist from those activities that have\n   resulted in the unsafe or unsound operation of the institution.\n\nB. If the Commission determines that a receiver should be appointed for a\nsavings institution, the Commission may close the doors of the institution, take\ncharge of the books, assets and affairs of the institution, and apply to any\ncourt in the Commonwealth having jurisdiction to appoint receivers for the\nappointment of a receiver to take charge of the institution&#8217;s business and\nassets. Proceedings for the appointment of a receiver of a savings institution\nshall not be entertained by any court except on the application of the\nCommission.\n\nC. In any case where the Commission finds that an insured savings institution is\ninsolvent or about to become insolvent, the Commission may seek the appointment\nof the Federal Deposit Insurance Corporation as receiver for the savings\ninstitution. The court may appoint the Federal Deposit Insurance Corporation as\nreceiver for the savings institution if it finds that to do so would be in the\npublic interest. Upon its being appointed, the Federal Deposit Insurance\nCorporation shall not be required to post bond, and it shall have as receiver\nall those powers afforded under federal law.\n\nD. The Commissioner may issue and serve upon an association an order to cease\nand desist from an unsafe or unsound practice or a violation if, in the opinion\nof the Commissioner, an association (i) is engaging or has engaged, or there is\nreasonable cause to believe is about to engage, in an unsafe or unsound practice\nin conducting the business of the association; or (ii) is violating or has\nviolated, or there is reasonable cause to believe is about to violate, this\nchapter or any other applicable law, regulation, or order. An order to cease and\ndesist shall contain a statement of the facts constituting the alleged violation\nor unsafe or unsound practice, and it may require, in terms that may be\nmandatory or otherwise, an association, its directors, officers, employees, or\nagents to cease and desist from such violation or practice. The order shall\nspecify the effective date thereof and shall contain a notice to the association\nof its right to request a hearing on the order in accordance with the\nCommission&#8217;s Rules.\n\nE. When the unsafe or unsound practice or the violation specified in an order to\ncease and desist, or any continuation thereof, is likely to prejudice the\ninterests of the account holders or the stockholders of an association, the\nCommissioner may issue his order effective immediately. An order to cease and\ndesist shall remain in effect until it is withdrawn by the Commissioner or is\nterminated by the Commission after a hearing on the matter. A request for\nhearing under this section shall be given expeditious treatment on the docket of\nthe Commission, and the Commission need not allow for 10 days&#8217; notice to\nthe parties.\n\nHISTORY: Code 1950, \u00a7 6-201.60; 1960, c. 402; 1966, c. 584, \u00a7 6.1-190; 1972,\nc. 796, \u00a7 6.1-195.70; 1983, c. 506; 1985, c. 425, \u00a7 6.1-194.83; 1990, c. 3;\n2010, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}