Upon request, a bank shall provide copies, either on paper or in another form acceptable to the person making the request, of the information in its public file. These rules of practice and procedure of the Occupational Safety and Health Appeals Board shall govern all appeals, contests, motions, hearings, petitions, and proceedings before the Appeals Board and an Administrative Law Judge of the Appeals Board, arising from actions by the Division of Occupational Safety and Health taken pursuant to Part 1 commencing with Section 6300 of Division 5 of the Labor Code or Section 2950 of the Health and Safety Code, or for employers' cost recovery pursuant to Section 149. Amended by Acts 2001, 77th Leg. A small bank's lending performance is evaluated pursuant to the following criteria: 1 The bank's loan-to-deposit ratio, adjusted for seasonal variation, and, as appropriate, other lending-related activities, such as loan originations for sale to the secondary markets, community development loans, or qualified investments; 2 The percentage of loans, and, as appropriate, other lending-related activities located in the bank's assessment area s ; 3 The bank's record of lending to and, as appropriate, engaging in other lending-related activities for borrowers of different income levels and businesses and farms of different sizes; 4 The geographic distribution of the bank's loans; and 5 The bank's record of taking action, if warranted, in response to written complaints about its performance in helping to meet credit needs in its assessment area s. After a demand for payment in full under a retail installment contract, the retail buyer and holder may agree to reinstate the contract and may amend the contract under Section.
The geographic distribution of the bank's home mortgage, small business, small farm, and consumer loans, if applicable, based on the loan location, including: i The proportion of the bank's lending in the bank's assessment area s ; ii The dispersion of lending in the bank's assessment area s ; and iii The number and amount of loans in low-, moderate-, middle-, and upper-income geographies in the bank's assessment area s ; 3 Borrower characteristics. Such application will be served on the debtor company by the messenger of the court which has jurisdiction to adjudicate the matter. Department of Education, with interest rates and fees no greater than those of comparable education loans offered directly by the U. If a bank serves a geographic area that extends substantially beyond a state boundary, the bank shall delineate separate assessment areas for the areas in each state. In such circumstances it would be prudent to provide a breakdown or quantification of the un-liquidated counterclaim together with supporting vouchers. As soon as all of the assets are realised and the preferred and secured creditors have been paid in full, the available funds, if any, will then be distributed amongst the unsecured concurrent creditors in equal shares.
An amount charged to a retail buyer in a retail installment contract or retail charge agreement is an itemized charge if the amount is not included in the cash price and is the amount of: 1 fees prescribed by law for filing, recording, or otherwise perfecting, releasing, or satisfying a security interest created in connection with a retail installment transaction or nonfiling insurance premiums as authorized by Section ; 2 fees for registration or a certificate of title; 3 any taxes; 4 fees or charges prescribed by law and connected with the sale or inspection of the goods or services subject to the contract or agreement; 5 premiums and other charges for insurance authorized by Subchapter E; 6 official fees for a construction permit or the filing or recording of a construction permit; 7 a documentary fee authorized under Section ; 8 in a retail installment transaction involving modernization, rehabilitation, repair, alteration, improvement, or construction of real property, reasonable and necessary costs, including amounts, paid by the holder: A for title insurance or title examination and opinion that does not exceed the amount set by the commissioner of insurance for title insurance for the transaction; B to a person who is not a salaried employee of the holder for an appraisal or inspection or for investigating the credit standing or creditworthiness of the retail buyer; or C to an attorney who is not a salaried employee of the holder as a legal fee for the preparation of documents in connection with the transaction; and 9 charges for a debt cancellation agreement under Chapter. Community development services must benefit a bank's assessment area s or a broader statewide or regional area that includes the bank's assessment area s. Notwithstanding any other law, a person may acquire a retail installment contract or retail charge agreement or an outstanding balance under a contract or agreement from another person on the terms, including the price, to which they agree. This paragraph does not prevent any person from withholding any payment, or any part of a payment, in accordance with the terms of a contract for services, labor, or materials, or pursuant to a bona fide dispute regarding the amount due, if any, for such services, labor, or materials. A bank that qualifies for evaluation under the small bank performance standards but elects evaluation under the lending, investment, and service tests shall collect, maintain, and report the data required for other banks pursuant to paragraphs a and b of this section. If a disclosure requirement of this chapter and one of a federal law, including a regulation or an interpretation of law, are inconsistent or conflict, federal law controls and the inconsistent or conflicting disclosures required by this chapter need not be given. A retail installment contract or retail charge agreement may not: 1 authorize the holder or a person acting on the holder's behalf to: A enter the retail buyer's premises unlawfully; or B commit a breach of the peace in the repossession of goods; or 2 provide for the retail buyer to execute a power of attorney appointing, as the buyer's agent in the repossession of goods, the holder or a person acting on the holder's behalf.
The provisions of this section being mandatory must be strictly followed as noncompliance of any of them may be fatal to the proceedings. To be considered, such activities need not also benefit the bank's assessment area s or the broader statewide or regional area that includes the bank's assessment area s. The Rules of Bankruptcy Procedure may provide for aggregation under appropriate circumstances and adequate safeguards in cases where there is a significant need, such as in districts in which there is a standing chapter 13 trustee. For purposes of this part, the following definitions apply: a Affiliate means any company that controls, is controlled by, or is under common control with another company. When company deemed unable to pay its debts 1 A company or body corporate shall be deemed to be unable to pay its debts if — a a creditor, by cession or otherwise, to whom the company is indebted in a sum not less than one hundred rand then due — ………… and the company or body corporate has for three weeks thereafter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; or b any process issued on a judgment, decree or order of any court in favour of a creditor of the company is returned by the sheriff or the messenger with an endorsement that he has not found sufficient disposable property to satisfy the judgment, decree or order or that any disposable property found did not upon sale satisfy such process; or c it is proved to the satisfaction of the Court that the company is unable to pay its debts. Under this rule, liquidation proceedings are not intended to be used as a means of deciding claims which are bona fide and reasonably disputed.
A retail buyer and retail seller may agree in a retail installment contract to include charges for insurance coverage that is: 1 for risk of loss or liability reasonably related to: A the goods or services sold; B the anticipated use of the goods or services sold; or C goods or services that: i are related to the goods or services sold; and ii may be insured with the goods and services sold; 2 written on policies or endorsement forms prescribed or approved by the commissioner of insurance; and 3 ordinarily offered in policies or endorsements offered to the public. The section is applicable in case of contempt of a Court may it be civil, revenue or criminal, while discharging judicial function. A bailment or lease is a retail installment transaction if the bailee or lessee: 1 contracts to pay as compensation for the use of goods an amount that substantially equals or exceeds the value of those goods; and 2 on full compliance with the bailment or lease is bound to become the owner of the goods or has the option to become the owner of the goods for no or nominal additional consideration. Since order of the Court made under Section 345 is appealable under Section 351 of the Code, it is necessary for the punishing Court to maintain the record of proceeding under this section as required by sub-sections 2 and 3. A retail seller may include any type of insurance premium in the billing of its accounts if: 1 a charge, other than the premium, is not made to the retail buyer in connection with that inclusion; and 2 a charge is not made and a premium is not charged under a retail credit agreement when there is no monthly balance or the monthly balances are paid in full.
A retail buyer may prepay the unpaid time balance of a retail installment contract in full at any time before the contract's final due date. A bank that received a less than satisfactory rating during its most recent examination shall include in its public file a description of its current efforts to improve its performance in helping to meet the credit needs of its entire community. Donating, selling on favorable terms, or making available on a rent-free basis a branch of the bank that is located in a predominantly minority neighborhood to a minority depository institution or women's depository institution as these terms are defined in 12 U. Factual solvency in itself is not a bar to an application to wind-up a company on the ground that it is commercially insolvent. The bank may elect to be assessed as provided in paragraph a 1 of this section only if it collects and reports the data required for other banks under § 345. As an alternative to the maximum rate or amount authorized for a time price differential under Section or , a retail installment contract may provide for a rate or amount of time price differential that does not exceed the rate or amount authorized by Chapter.
The bank shall update the description quarterly. At its option, a bank may include information regarding the availability of alternative systems for delivering retail banking services e. Unless a retail buyer has notice of the assignment or negotiation of the buyer's retail installment contract or retail charge agreement or an outstanding balance under the contract or agreement, a payment by the buyer to the holder last known to the buyer is binding on all subsequent holders. Any gain or advantage to the holder or the holder's employee, officer, director, agent, general agent, affiliate, or associate from insurance or the provision or sale of insurance under this subchapter is not an additional charge or additional time price differential in connection with a retail installment contract or retail sales agreement made under this chapter except as specifically provided by this chapter. It must, however, be stated that the provisions of this section and summary disposal of contempt committed in the presence of the Court, apply only to the five contempts specified in the section and any other contempt shall be dealt with under the Contempt of Courts Act, 1952.
But, in the event that no payment was received in the allocated time, you will have to instruct you attorney to commence with a process to liquidate the debtor company. Affiliated institutions may prepare a joint plan if the plan provides measurable goals for each institution. A bank that has been approved to be assessed under a strategic plan shall include in its public file a copy of that plan. A retail charge agreement may provide for the payment of: 1 an attorney's reasonable fee if the agreement is referred for collection to an attorney who is not a salaried employee of the holder; and 2 court costs and disbursements. Under proposed , and except as provided in subsection c of this section, any interest or gain realized on the deposit or investment of funds under this section will become property of the estate, and will thus enhance the recovery of creditors.