362.295. Reports to director--publication--penalty.
Reports to director--publication--penalty.
362.295. 1. Within ten days after service upon it of the noticeprovided for by section 361.130, RSMo, every bank and trust company shallmake a written report to the director, which report shall be in the formand shall contain the matters prescribed by the director and shallspecifically state the items of capital, deposits, specie and cash items,public securities and private securities, real estate and real estatesecurities, and such other items as may be necessary to inform the publicas to the financial condition and solvency of the bank or trust company, orwhich the director may deem proper to include therein. In lieu ofrequiring direct filing of reports of condition, the director may acceptreports of condition or their equivalent as filed with federal regulatoryagencies and may require verification and the filing of supplementalinformation as the director deems necessary.
2. Every report shall be verified by the oaths of the president orvice president and cashier or secretary or assistant cashier or assistantsecretary, and the verification shall state that the report is true andcorrect in all respects to the best of the knowledge and belief of thepersons verifying it, and the report shall be attested by three directors,and shall be a report of the actual condition of the bank or trust companyat the close of business on the day designated and which day shall be priorto the call. If the director of finance obtains the data pursuant tosubsection 3 of section 361.130, RSMo, the director may rely on theverification provided to the federal regulatory agency.
3. Every report, exclusive of the verification, shall, within thirtydays after it shall have been filed with the director, be published by thebank or trust company in one newspaper of the place where its place ofbusiness is located, or if no newspaper is published there, in a newspaperof general circulation in the town and community in which the bank or trustcompany is located; the newspaper to be designated by the board ofdirectors and a copy of the publication, with the affidavit of thepublisher thereto, shall be attached to the report; provided, if the bankor trust company is located in a town or city having a population exceedingten thousand inhabitants, then the publication must be in a dailynewspaper, if published in that city; but if the bank or trust company islocated in a town or city having a population of ten thousand inhabitantsor less, then the publication may be in either a daily or weekly newspaperpublished in the town or city as aforesaid; and in all cases a copy of thestatement shall be posted in the banking house accessible to all.
4. The bank and trust company shall also make such other specialreports to the director as he may from time to time require, in such formand at such date as may be prescribed by him, and the report shall, ifrequired by him, be verified in such manner as he may prescribe.
5. If the bank or trust company shall fail to make any reportrequired by this section on or before the day designated for the makingthereof, or shall fail to include therein any matter required by thedirector, the bank or trust company shall forfeit to the state the sum ofone hundred dollars for every day that the report shall be delayed orwithheld, and for every day that it shall fail to report any omittedmatter, unless the time therefor shall have been extended by the director.Should any president, cashier or secretary of the bank or trust company orany director thereof fail to make the statement so required of him or them,or willfully and corruptly make a false statement, he or they, and each ofthem, shall be deemed guilty of a misdemeanor, and, upon convictionthereof, upon information, punished by a fine for each offense notexceeding five hundred dollars and not less than one hundred dollars, or byimprisonment not less than one or more than twelve months in the city orcounty jail, or by both such fine and imprisonment.
6. A bank or trust company may provide each written report requiredto be published free of charge to the public; and when each bank or trustcompany notifies their customers that such information is available; andwhen one copy of such information is available to each person that requestsit, the newspaper publication provisions of this section shall not beenforced against such bank or trust company.
(RSMo 1939 § 7968, A.L. 1967 p. 445, A.L. 1995 S.B. 178, A.L. 2003 H.B. 221 merged with S.B. 346)Prior revisions: 1929 § 5373; 1919 § 11756