§ 6.1-194.99. Same; investigation of application; prescribed investigation period; shortening, lengthening or wai...
A. For ninety days following receipt of a complete application under § 6.1-194.97 or § 6.1-194.98, the Commission shall be empowered to conduct an investigation for the purpose of determining whether:
1. The proposed acquisition would be detrimental to the safety and soundness of the applicant or the Virginia savings institution or Virginia savings institution holding company which the applicant seeks to acquire or control;
2. The applicant, its directors and officers, if applicable, and any proposed new directors and officers, of the Virginia savings institution or Virginia savings institution holding company which the applicant seeks to acquire, are qualified by character, experience and financial responsibility to control and operate a Virginia savings institution or Virginia savings institution holding company;
3. The proposed acquisition would be prejudicial to the interests of the depositors, creditors, beneficiaries of fiduciary accounts or shareholders of the Virginia savings institution holding company or any Virginia savings institution which the applicant seeks to acquire or control; and
4. The acquisition is in the public interest.
B. 1. The ninety-day investigation period may be shortened or waived by the Commission, as it deems appropriate, if the Commission finds that it must act immediately in order to prevent the probable failure of a Virginia savings institution involved.
2. The ninety-day investigation period may be extended if the Commission determines that the applicant has not furnished all the information necessary to make the determination under § 6.1-194.97 or § 6.1-194.98 or that the information submitted is substantially inaccurate or misleading.
C. Within the prescribed investigation period, or any extension thereof, and upon request of the applicant or the Virginia savings institution or Virginia savings institution holding company which the applicant seeks to acquire or control, or upon its own motion, the Commission may order a hearing concerning the proposed acquisition.
D. Within the prescribed investigation period, or any extension thereof, the Commission, by giving written notice of its decision and the reasons therefor to the applicant and to the Virginia savings institution or Virginia savings institution holding company which the applicant seeks to acquire or control, may: (i) approve the application, (ii) disapprove the application, or (iii) impose such conditions on the acquisition as the Commission may deem advisable to effect the purpose of this article.
E. Any party in interest aggrieved by any decision of the Commission may, as a matter of right, appeal to the Supreme Court of Virginia in the manner provided by law.
(1985, c. 425.)
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