A.__In the opinion of the superintendent, that officer or director has evidenced personal dishonesty and unfitness to continue as an officer or director of the financial institution or financial institution holding company by conduct with respect to another business entity that resulted, or is likely to result, in substantial financial loss or other damage; or

B.__The officer or director has been removed or prohibited from participation in any manner in the conduct of the affairs of the financial institution by the appropriate federal banking agency.

Sec. 6. 9-B MRSA §241, sub-§8, as enacted by PL 1995, c. 628, §18, is amended to read:

8. Deposit production offices prohibited. A No financial institution authorized to do business in this State or credit union authorized to do business in this State is prohibited from operating may operate deposit production offices in this State. Each financial institution or credit union authorized to do business in this State shall submit an annual report to the superintendent providing deposit and loan information considered necessary by the superintendent to monitor compliance with this section. If the superintendent determines that a deposit production office is being operated, the superintendent may issue a cease and desist order pursuant to chapter 23. The superintendent shall annually review the level of lending in this State relative to the level of deposits in this State of each financial institution authorized to do business in this State and each credit union authorized to do business in this State to determine whether deposit production offices are being operated.__ If the superintendent determines that a financial institution authorized to do business in this State or credit union authorized to do business in this State is operating deposit production offices, the superintendent may issue a cease and desist order pursuant to chapter 23. The superintendent shall may adopt rules that set forth the factors that the bureau shall consider in determining whether a branch is being operated as a deposit production office to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A. This subsection does not apply to limited purpose banks.

Sec. 3. 9-B MRSA §363-A is enacted to read:

§363-A.__Conservation of assets