If the Commissioner believes that a director or officer of a banking institution has engaged in an unsafe or unsound banking practice, the Commissioner shall send a warning to the director or officer. If the Commissioner finds that the director or officer has continued to engage in the unsafe or unsound practice, the Commissioner may report the facts to the Secretary of Labor and the Attorney General. A copy of the report shall be sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to each director of the banking institution. After giving the officer or director an opportunity to be heard, if the Commissioner finds that the unsafe or unsound practice continued after the warning, the Commissioner with the approval of the Secretary of Labor may remove the officer or director. A copy of the removal order shall be served on the individual removed and the banking institution.

If the Commissioner believes that a banking institution or any of its directors, officers, trustees, managers, agents, or employees has violated any provision of this article that relates to the institution, the Commissioner immediately shall report the violation to the Secretary of Labor, who shall ask the Attorney General to take the appropriate steps to institute a prosecution for the violation. The Commissioner shall send a warning to a director or officer of a banking institution who the Commissioner believes has violated any provision of this article that relates to the institution. If, after the warning, the director or officer continues to violate the law, the director or officer may be removed as provided in § 5–801 of this subtitle. Unless another penalty specifically is provided elsewhere in this article, any banking institution and any director, officer, trustee, manager, agent, or employee of a banking institution who violates any provision of this article that relates to the institution is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 5 years or both.

An officer, director, or employee of a bank, trust company, or savings bank may not willfully and knowingly make or cause to be made a false statement or false entry in its records or, with the intent to deceive a person authorized to examine the affairs of the bank, trust company, or savings bank, sign or exhibit false records. Any officer, director, or employee who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 10 years or both.

An officer or employee of a banking institution may not accept a deposit knowing that the institution is insolvent. An officer or employee who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to imprisonment in the State Penitentiary for a period not exceeding 3 years.

A person may not willfully make, circulate, or send to another any untrue statement that is derogatory to the financial condition or affects the solvency or financial standing of any bank, trust company, or savings bank doing business in this State or counsel, aid, procure, or induce another to make, circulate, or send to another such a statement. Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years.

Except for a banking institution, a national banking association, an other–state bank, or a savings and loan association that is authorized to do business in this State, a person may not use any name, title, or other words that represent that the person is authorized to do the business of banking in this State. In this subsection the following terms have the meanings indicated. “Bank” means any banking institution, national banking association, other–state bank, or savings and loan association that is authorized to do business in this State, and any subsidiary or affiliate of the entity. “Bank” includes any Farm Credit System institution in this State. “Name” means the name, trade name, trademark, service mark, logo, or tagline used by a bank to identify itself. Except with the consent of the bank, a person may not use the name of a bank or any term or design that is similar to the name of a bank in any marketing material provided to another person or in any solicitation of another person in a manner that may cause a reasonable person to be confused, mistaken, or deceived that the marketing material or solicitation: Originated from the bank; Originated from someone affiliated, connected, or associated with the bank; Is approved or sponsored by the bank; or Is the responsibility of the bank. In addition to any other remedies a bank may have under any other provision of law, a bank that is affected by a violation of subsection (b) of this section may bring an action against the person that committed the violation to recover: Actual damages sustained as a result of the violation; Either: All profits attributable to the violation; or $1,000 for each violation; and Court costs and reasonable attorney’s fees. Any person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 5 years or both.

A banking institution may not: Issue an advertisement or make a representation that is false, misleading, or deceptive; Impose as a condition for a loan any restriction on obtaining credit, property, or service from a competitor unless the restriction is reasonably necessary to secure the loan; Impose as a condition for a service any restriction on obtaining credit, property, or service from a competitor; or Engage in an act or practice that is anticompetitive, unfair, deceptive, or injurious to public interest. The Commissioner may further define specific acts or practices that are anticompetitive, unfair, deceptive, or injurious to the public interest. A banking institution and any director, officer, trustee, manager, agent, or employee of a banking institution who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 5 years or both.

The Commissioner may order any banking institution to cease and desist from: An unsafe or unsound banking practice; A practice that is injurious to the public interest; or A violation of a law, rule, or regulation that relates to the Commissioner’s supervision of the institution. To protect depositors, stockholders, or the public, the Commissioner may include in a cease and desist order a restriction on the withdrawal of money from any banking institution. The Commissioner may include in a cease and desist order a requirement that the officers or directors of a banking institution act affirmatively to correct any violation or practice. Before a cease and desist order takes effect, the Commissioner shall give the banking institution an opportunity for a hearing. Notice of the hearing shall be given and the hearing shall be held in accordance with the Administrative Procedure Act. If the Commissioner determines that the violation or practice under subsection (a) of this section requires immediate action to protect depositors, stockholders, or the public, the Commissioner: May issue a cease and desist order that is effective on service; and Shall give the banking institution an opportunity for a hearing to rescind the order.

After notice and a hearing, the Commissioner may assess a civil penalty against a banking institution that the Commissioner determines has: Violated a cease and desist order issued by the Commissioner under § 5–808 of this subtitle; or Engaged in: An unsafe or unsound banking practice; or A practice that is injurious to the public interest. The civil penalty may not exceed: $1,000 per violation; and $1,000 per violation for each day that the violation continues. A civil penalty shall be assessed by written notice of assessment served on the person to be assessed. The notice of assessment shall state the: Amount of the civil penalty; Legal authority for the assessment; and Matters of fact or law constituting the grounds for the assessment. The notice of assessment shall constitute a final order for purposes of judicial review pursuant to § 10–221 of the State Government Article. In determining the amount of the civil penalty to be assessed, the Commissioner shall consider: The seriousness of the violation; The good faith of the violator; The violator’s history of previous violations; The deleterious effect of the violation on the public and the banking industry; The assets of the violator; and Any other factors relevant to the determination of the civil penalty. A civil penalty assessed under this section shall be due and payable within 30 days after the Commissioner issues the notice of assessment. The Commissioner may reduce or set aside a civil penalty. The Commissioner shall pay all civil penalties collected under this section into the General Fund of the State.

In this section, “extraordinary circumstances” means a situation presenting specific concerns about the prompt withdrawal of money from, or the safety and soundness of, a banking institution. In extraordinary circumstances and with the consent of the banking institution, the Commissioner may close to the public a hearing concerning the assessment of a civil penalty, an order to cease and desist, or any other formal enforcement action by the Commissioner.

On application by the Commissioner, a court of competent jurisdiction may issue an injunction to restrain a banking institution from: An unsafe or unsound banking practice; A practice that is injurious to the public interest; or A violation of a law, rule, or regulation that relates to the Commissioner’s supervision of the institution.