H.B. 753 VETOES
(2) IF A DETERMINATION IS MADE BY THE COMPTROLLER OR BY THE
CIRCUIT COURT THAT THE ACCOUNT OR ACCOUNTS OF THE OBLIGOR SHOULD NOT
HAVE BEEN HELD, THE COMPTROLLER SHALL NOTIFY THE FINANCIAL INSTITUTION,
IN THE MANNER SPECIFIED IN SUBSECTION (B) OF THIS SECTION, TO RELEASE THE
AMOUNT SEIZED AND ATTACHED BY THE FINANCIAL INSTITUTION.
(3) IF A DETERMINATION IS MADE BY THE COMPTROLLER OR BY THE
CIRCUIT COURT, PURSUANT TO A CHALLENGE UNDER SUBSECTION (G) OF THIS
SECTION, TO REDUCE THE AMOUNT SEIZED AND ATTACHED BY THE FINANCIAL
INSTITUTION, THE COMPTROLLER SHALL NOTIFY THE FINANCIAL INSTITUTION, IN
THE MANNER SPECIFIED IN SUBSECTION (B) OF THIS SECTION, TO REVISE THE
AMOUNT AS STATED, FORWARD THE REVISED AMOUNT TO THE COMPTROLLER, AND
RELEASE THE EXCESS AMOUNT SEIZED AND ATTACHED BY THE FINANCIAL
INSTITUTION.
(4) IF A CHALLENGE MADE UNDER SUBSECTION (G) OF THIS SECTION IS
DENIED BY THE CIRCUIT COURT, THE COMPTROLLER SHALL NOTIFY THE FINANCIAL
INSTITUTION, IN THE MANNER SPECIFIED IN SUBSECTION (B) OF THIS SECTION, TO
FORWARD THE AMOUNT SEIZED AND ATTACHED BY THE FINANCIAL INSTITUTION TO
THE COMPTROLLER.
(D) (I) A FINANCIAL INSTITUTION THAT COMPLIES WITH A NOTICE FROM
THE COMPTROLLER SENT UNDER THIS SECTION IS NOT LIABLE UNDER STATE LAW
TO ANY PERSON FOR;
(1) ANY DISCLOSURE OF INFORMATION TO THE COMPTROLLER UNDER
THIS SECTION;
(2) SEIZING AND ATTACHING ANY AMOUNTS FROM AN ACCOUNT OR
SENDING ANY AMOUNT SEIZED AND ATTACHED BY THE FINANCIAL INSTITUTION TO
THE COMPTROLLER; OR
(3) ANY OTHER ACTION TAKEN IN GOOD FAITH TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION.
(J) A FINANCIAL INSTITUTION HAS NO OBLIGATION TO REIMBURSE FEES
ASSESSED AS A RESULT OF THE COMPTROLLER INSTITUTING AN ACTION UNDER
THIS SECTION OR AS OTHERWISE PERMITTED BY LAW OR AUTHORIZED BY
CONTRACT.
(E) (1) AFTER SERVICE OF NOTICE DESCRIBED UNDER SUBSECTION (B) OF
THIS SECTION, A FINANCIAL INSTITUTION SHALL BE LIABLE TO THE COMPTROLLER
FOR THE LESSER OF THE AMOUNT PAID OVER TO THE OBLIGOR OR THE AMOUNT
STATED IN THE NOTICE SENT UNDER SUBSECTION (B) OF THIS SECTION IF THE
FINANCIAL INSTITUTION PAYS OVER ANY AMOUNTS IN AN ACCOUNT TO AN OBLIGOR
WITHOUT FIRST:
(I) PAYING OVER TO THE COMPTROLLER THE AMOUNT SPECIFIED
IN SUBSECTION (C) OF THIS SECTION; OR
(I) OBTAINING A WRITTEN NOTICE OF SATISFACTION OR RELEASE
OF LIEN FROM THE COMPTROLLER.
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