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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54076</law_id><section_number>6.2-1026</section_number><catch_line>Removal of director or officer; appeals; penalty</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="6.2">Financial Institutions and Services</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Depository Institutions and Trust Organizations</unit><unit label="chapter" level="3" order_by="1" identifier="10">Entities Conducting Trust Business</unit><unit label="article" level="4" order_by="1" identifier="2">Trust Companies</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Whenever any director or officer of a <span class="dictionary">trust company</span> doing business in the Commonwealth, shall have continued to violate any <span class="dictionary">law</span> relating to such <span class="dictionary">trust company</span> or shall have continued unsafe or unsound practices in conducting the business of such <span class="dictionary">trust company</span>, after the director or officer, and the board of directors of the <span class="dictionary">trust company</span> of which he is a director or officer, have been warned in writing by the <span class="dictionary">Commissioner</span> to discontinue such violation of <span class="dictionary">law</span> or such unsafe or unsound practices, the <span class="dictionary">Commissioner</span> shall certify the <span class="dictionary">facts</span> to the <span class="dictionary">Commission</span>. The <span class="dictionary">Commission</span> shall thereupon enter an <span class="dictionary">order</span> requiring such director or officer to appear before the <span class="dictionary">Commission</span>, within not less than 10 days, to show cause why he should not be removed from office and thereafter restrained from participating in any manner in the management of such <span class="dictionary">trust company</span>. Such <span class="dictionary">order</span> shall contain a <span class="dictionary">brief</span> statement of the <span class="dictionary">facts</span> certified to the <span class="dictionary">Commission</span> by the <span class="dictionary">Commissioner</span>. A copy of such <span class="dictionary">order</span> shall be served upon such director or officer, and a copy thereof shall be sent by registered mail to each director of the <span class="dictionary">trust company</span> affected. <a id="paragraph-198517" class="section-permalink" href="https://vacode.org/6.2-1026/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If, after granting the <span class="dictionary">accused</span> director or officer a reasonable opportunity to be heard, the <span class="dictionary">Commission</span> shall find that he has continued to violate any <span class="dictionary">law</span> relating to such <span class="dictionary">trust company</span>, or has continued unsafe or unsound practices in conducting the business of such <span class="dictionary">trust company</span>, after he and the board of directors of the <span class="dictionary">trust company</span> of which he is a director or officer have been warned in writing by the <span class="dictionary">Commissioner</span> to discontinue such violation of <span class="dictionary">law</span> or unsafe or unsound practices, the <span class="dictionary">Commission</span> shall enter an <span class="dictionary">order</span> removing such director or officer from office and restraining such director or officer from thereafter participating in any manner in the management of such <span class="dictionary">trust company</span>. A copy of such <span class="dictionary">order</span> shall be served upon such director or officer. A copy of such <span class="dictionary">order</span> shall also be served upon the <span class="dictionary">trust company</span> of which he is a director or officer. Upon such removal the director or officer shall cease to be a director or officer of such <span class="dictionary">trust company</span> and thereafter cease to participate in any manner in the management of such <span class="dictionary">trust company</span>. <a id="paragraph-198518" class="section-permalink" href="https://vacode.org/6.2-1026/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Any director or officer aggrieved (i) by any <span class="dictionary">order</span> of the <span class="dictionary">Commission</span> entered under subsection B or (ii) by an <span class="dictionary">order</span> refusing to remove another director or officer from office or to restrain him from participating in the management of the <span class="dictionary">trust company</span>, shall have, of right, an <span class="dictionary">appeal</span> to the Supreme <span class="dictionary">Court</span> of Virginia within 60 days from the date of the <span class="dictionary">order</span>. <a id="paragraph-198519" class="section-permalink" href="https://vacode.org/6.2-1026/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Any director or officer removed or restrained under the provisions of subsection B from participating in any manner in the management of any <span class="dictionary">trust company</span> of which he is a director or officer, and who thereafter participates in any manner in the management of such <span class="dictionary">trust company</span> except as a stockholder therein, is guilty of a Class 6 <span class="dictionary">felony</span>. <a id="paragraph-198520" class="section-permalink" href="https://vacode.org/6.2-1026/#D"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7;&#xA7; 6-40, 6-41, 6-42; 1966, c. 584, &#xA7;&#xA7; 6.1-49, 6.1-50, 6.1-51; 1974, c. 665, &#xA7; 6.1-51.1; 1979, c. 58; 1992, c. 136; 2010, c. 794.</history><metadata></metadata></law>
