Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 2102 - Penalties and criminal provisions applicable to directors, trustees, officers, employes and attorneys of institutions(a) Violations of sections 1413, 1416 and 1912 --A director, trustee, officer, employe or attorney of an institution who wilfully violates any of the provisions of sections 1413, 1416 or 1912 of this act shall be guilty of a misdemeanor and shall upon conviction thereof be subject to imprisonment for a period not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or both; and shall be subject to a further fine of a sum equal to:(i) The amount of money or the value of the property which he receives for procuring or attempting to procure a loan or investment by the institution, in the case of a violation of section 1413(a)(i) or of section 1912(a)(i);(ii) The amount by which his deposit account in the institution is overdrawn, in the case of a violation of section 1912(a)(ii);(iii) The face value of the promissory note or other evidence of indebtedness issued by the institution, in the case of a violation of section 1413(a)(iii) or section 1912(a)(iii); and(iv) The amount of any profit which he receives on the transaction, in the case of a violation of section 1416.(v)[Deleted by 2012 Amendment.] (b) Violations of sections 107 and 1415--A director, trustee, officer or employe of an institution who wilfully violates the accounting rules stated in section 107, or who wilfully makes or receives a loan or acquires an agreement for the payment of money in violation of section 1415, shall be guilty of a misdemeanor and shall upon conviction thereof be subject to imprisonment for a period not exceeding one year or a fine not exceeding one thousand dollars ($1,000), or both. An individual committing a violation of section 1415 shall be subject to a further fine equal to the amount of the loan or the agreement for the payment of money on which a director, trustee, officer or employe of the institution is liable, and shall be forever disqualified from acting as a director, trustee, officer or employe of any institution.(c) Repealed. 2000, Nov. 22, P.L. 660 No. 89, § 14, imd. effective(d) Violations of section 1010(a)--If an institution transacts any business before receipt of a certificate of authorization in violation of section 1010(a), the directors or trustees and officers who wilfully authorized or participated in such action, except a director or trustee who dissented therefrom and caused his dissent to be filed at the time in the department, or who, being absent at the time such action was authorized, filed his dissent upon hearing of the action, shall be severally liable for the debts and liabilities of the institution incurred prior to the receipt of the certificate of authorization.Amended by P.L. 1336 2012 No. 170, § 60, eff. 12/23/2012.1965, Nov. 30, P.L. 847, No. 356, § 2102. Affected 2000, Nov. 22, P.L. 660, No. 89, § 14, imd. effective.