{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/6.2-1052.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/6.2-1052.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/6.2-1052.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/6.2-1052.html"}],"law_id":373575,"edition_id":2,"section_id":373575,"structure_id":53161,"section_number":"6.2-1052","catch_line":"Removal of director or officer; appeals; penalty","history":"Code 1950, \u00a7\u00a7 6-40, 6-41, 6-42; 1966, c. 584, \u00a7\u00a7 6.1-49, 6.1-50, 6.1-51; 1974, c. 665, \u00a7 6.1-51.1; 1979, c. 58; 1992, c. 136; 2010, c. 794.","full_text":"A\n\nWhenever any director or officer of a trust subsidiary doing business in the Commonwealth, shall have continued to violate any law relating to such trust subsidiary or shall have continued unsafe or unsound practices in conducting the business of such trust subsidiary, after the director or officer, and the board of directors of the trust subsidiary of which he is a director or officer, have been warned in writing by the Commissioner to discontinue such violation of law or such unsafe or unsound practices, the Commissioner shall certify the facts to the Commission. The Commission shall thereupon enter an order requiring such director or officer to appear before the Commission, within not less than 10 days, to show cause why he should not be removed from office and thereafter restrained from participating in any manner in the management of such trust subsidiary. Such order shall contain a brief statement of the facts certified to the Commission by the Commissioner. A copy of such order shall be served upon such director or officer, and a copy thereof shall be sent by registered mail to each director of the trust subsidiary affected.\n\nB\n\nIf, after granting the accused director or officer a reasonable opportunity to be heard, the Commission shall find that he has continued to violate any law relating to such trust subsidiary, or has continued unsafe or unsound practices in conducting the business of such trust subsidiary, after he and the board of directors of the trust subsidiary of which he is a director or officer have been warned in writing by the Commissioner to discontinue such violation of law or unsafe or unsound practices, the Commission shall enter an order removing such director or officer from office and restraining such director or officer from thereafter participating in any manner in the management of such trust subsidiary. A copy of such order shall be served upon such director or officer. A copy of such order shall also be served upon the trust subsidiary of which he is a director or officer. Upon such removal the director or officer shall cease to be a director or officer of such trust subsidiary and thereafter cease to participate in any manner in the management of such trust subsidiary.\n\nC\n\nAny director or officer aggrieved by (i) any order of the Commission entered under subsection B or (ii) an order refusing to remove another director or officer from office or to restrain him from participating in the management of the trust subsidiary, shall have, of right, an appeal to the Supreme Court of Virginia within 60 days from the date of the order.\n\nD\n\nAny director or officer removed or restrained under the provisions of subsection B from participating in any manner in the management of any trust subsidiary of which he is a director or officer, and who thereafter participates in any manner in the management of such trust subsidiary except as a stockholder therein, is guilty of a Class 6 felony.\n\n","order_by":null,"text":{"0":{"id":1394259,"text":"Whenever any director or officer of a trust subsidiary doing business in the Commonwealth, shall have continued to violate any law relating to such trust subsidiary or shall have continued unsafe or unsound practices in conducting the business of such trust subsidiary, after the director or officer, and the board of directors of the trust subsidiary of which he is a director or officer, have been warned in writing by the Commissioner to discontinue such violation of law or such unsafe or unsound practices, the Commissioner shall certify the facts to the Commission. The Commission shall thereupon enter an order requiring such director or officer to appear before the Commission, within not less than 10 days, to show cause why he should not be removed from office and thereafter restrained from participating in any manner in the management of such trust subsidiary. Such order shall contain a brief statement of the facts certified to the Commission by the Commissioner. A copy of such order shall be served upon such director or officer, and a copy thereof shall be sent by registered mail to each director of the trust subsidiary affected.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1394260,"text":"If, after granting the accused director or officer a reasonable opportunity to be heard, the Commission shall find that he has continued to violate any law relating to such trust subsidiary, or has continued unsafe or unsound practices in conducting the business of such trust subsidiary, after he and the board of directors of the trust subsidiary of which he is a director or officer have been warned in writing by the Commissioner to discontinue such violation of law or unsafe or unsound practices, the Commission shall enter an order removing such director or officer from office and restraining such director or officer from thereafter participating in any manner in the management of such trust subsidiary. A copy of such order shall be served upon such director or officer. A copy of such order shall also be served upon the trust subsidiary of which he is a director or officer. Upon such removal the director or officer shall cease to be a director or officer of such trust subsidiary and thereafter cease to participate in any manner in the management of such trust subsidiary.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1394261,"text":"Any director or officer aggrieved by (i) any order of the Commission entered under subsection B or (ii) an order refusing to remove another director or officer from office or to restrain him from participating in the management of the trust subsidiary, shall have, of right, an appeal to the Supreme Court of Virginia within 60 days from the date of the order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1394262,"text":"Any director or officer removed or restrained under the provisions of subsection B from participating in any manner in the management of any trust subsidiary of which he is a director or officer, and who thereafter participates in any manner in the management of such trust subsidiary except as a stockholder therein, is guilty of a Class 6 felony.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":53161,"edition_id":2,"name":"Trust Subsidiaries","identifier":"3","label":"article","depth":4,"order_by":2,"parent_id":53157,"metadata":{"child_laws":18,"child_structures":0},"date_created":"2026-08-02 03:11:47","date_modified":"2026-08-02 12:28:01","permalink":{"id":1490883,"object_type":"structure","relational_id":53161,"identifier":"3","token":"6.2\/II\/10\/3","url":"\/6.2\/II\/10\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53157,"edition_id":2,"name":"Entities Conducting Trust Business","identifier":"10","label":"chapter","depth":3,"order_by":3,"parent_id":53156,"metadata":{"child_laws":100,"child_structures":6},"date_created":"2026-08-02 03:11:42","date_modified":"2026-08-02 12:28:00","permalink":{"id":1490689,"object_type":"structure","relational_id":53157,"identifier":"10","token":"6.2\/II\/10","url":"\/6.2\/II\/10\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53156,"edition_id":2,"name":"Depository Institutions and Trust Organizations","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":53152,"metadata":{"child_laws":483,"child_structures":51},"date_created":"2026-08-02 03:11:42","date_modified":"2026-08-02 12:27:56","permalink":{"id":1490687,"object_type":"structure","relational_id":53156,"identifier":"II","token":"6.2\/II","url":"\/6.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53152,"edition_id":2,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":10,"parent_id":null,"metadata":{"child_laws":961,"child_structures":89},"date_created":"2026-08-02 03:11:41","date_modified":"2026-08-02 12:27:53","permalink":{"id":1490251,"object_type":"structure","relational_id":53152,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":373569,"structure_id":53161,"section_number":"6.2-1047","catch_line":"Definitions","url":"\/6.2-1047\/","token":"6.2\/II\/10\/3\/6.2-1047","metadata":false},{"id":373570,"structure_id":53161,"section_number":"6.2-1048","catch_line":"Organization of subsidiary trust companies","url":"\/6.2-1048\/","token":"6.2\/II\/10\/3\/6.2-1048","metadata":false},{"id":373571,"structure_id":53161,"section_number":"6.2-1049","catch_line":"Permissible business","url":"\/6.2-1049\/","token":"6.2\/II\/10\/3\/6.2-1049","metadata":false},{"id":373573,"structure_id":53161,"section_number":"6.2-1050","catch_line":"Directors","url":"\/6.2-1050\/","token":"6.2\/II\/10\/3\/6.2-1050","metadata":false},{"id":373574,"structure_id":53161,"section_number":"6.2-1051","catch_line":"Report to Commission of election of director","url":"\/6.2-1051\/","token":"6.2\/II\/10\/3\/6.2-1051","metadata":false},{"id":373575,"structure_id":53161,"section_number":"6.2-1052","catch_line":"Removal of director or officer; appeals; penalty","url":"\/6.2-1052\/","token":"6.2\/II\/10\/3\/6.2-1052","metadata":false},{"id":373576,"structure_id":53161,"section_number":"6.2-1053","catch_line":"Bonds required of officers and employees; blanket bond","url":"\/6.2-1053\/","token":"6.2\/II\/10\/3\/6.2-1053","metadata":false},{"id":373577,"structure_id":53161,"section_number":"6.2-1054","catch_line":"Certificate required","url":"\/6.2-1054\/","token":"6.2\/II\/10\/3\/6.2-1054","metadata":false},{"id":373578,"structure_id":53161,"section_number":"6.2-1055","catch_line":"Trust offices","url":"\/6.2-1055\/","token":"6.2\/II\/10\/3\/6.2-1055","metadata":false},{"id":373579,"structure_id":53161,"section_number":"6.2-1056","catch_line":"When security not required of trust subsidiaries","url":"\/6.2-1056\/","token":"6.2\/II\/10\/3\/6.2-1056","metadata":false},{"id":373580,"structure_id":53161,"section_number":"6.2-1057","catch_line":"Deposits held or received by trust subsidiaries or subsidiary bank with affiliate banks","url":"\/6.2-1057\/","token":"6.2\/II\/10\/3\/6.2-1057","metadata":false},{"id":373581,"structure_id":53161,"section_number":"6.2-1058","catch_line":"Substitution of trust subsidiary as fiduciary","url":"\/6.2-1058\/","token":"6.2\/II\/10\/3\/6.2-1058","metadata":false},{"id":373582,"structure_id":53161,"section_number":"6.2-1059","catch_line":"Substitution of subsidiary bank as fiduciary","url":"\/6.2-1059\/","token":"6.2\/II\/10\/3\/6.2-1059","metadata":false},{"id":373584,"structure_id":53161,"section_number":"6.2-1060","catch_line":"Trust subsidiaries to have same powers and restrictions as bank trust departments","url":"\/6.2-1060\/","token":"6.2\/II\/10\/3\/6.2-1060","metadata":false},{"id":373585,"structure_id":53161,"section_number":"6.2-1061","catch_line":"Reports; investigations and examinations; civil penalties","url":"\/6.2-1061\/","token":"6.2\/II\/10\/3\/6.2-1061","metadata":false},{"id":373586,"structure_id":53161,"section_number":"6.2-1062","catch_line":"Offenses by officer, director, agent or employee of trust subsidiary; penalties","url":"\/6.2-1062\/","token":"6.2\/II\/10\/3\/6.2-1062","metadata":false},{"id":373587,"structure_id":53161,"section_number":"6.2-1063","catch_line":"Officers, directors, agents and employees violating or causing trust subsidiary to violate laws; civil liability not affected","url":"\/6.2-1063\/","token":"6.2\/II\/10\/3\/6.2-1063","metadata":false},{"id":373588,"structure_id":53161,"section_number":"6.2-1064","catch_line":"Civil penalties for violation of Commission's orders","url":"\/6.2-1064\/","token":"6.2\/II\/10\/3\/6.2-1064","metadata":false}],"previous_section":{"id":373574,"structure_id":53161,"section_number":"6.2-1051","catch_line":"Report to Commission of election of director","url":"\/6.2-1051\/","token":"6.2\/II\/10\/3\/6.2-1051","metadata":false},"next_section":{"id":373576,"structure_id":53161,"section_number":"6.2-1053","catch_line":"Bonds required of officers and employees; blanket bond","url":"\/6.2-1053\/","token":"6.2\/II\/10\/3\/6.2-1053","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-1052\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 584; in 1974, chapter 665; in 1979, chapter 58; in 1992, chapter 136; in 2010, chapter 794<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1490905,"object_type":"law","relational_id":373575,"identifier":"6.2-1052","token":"6.2\/II\/10\/3\/6.2-1052","url":"\/6.2-1052\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/6.2-1052\/","token":"6.2\/II\/10\/3\/6.2-1052","dublin_core":{"Title":"Removal of director or officer; appeals; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-1052","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any director or officer of a trust subsidiary<\/span> doing business in the Commonwealth, shall have continued to violate any law<\/span> relating to such trust subsidiary<\/span> or shall have continued unsafe or unsound practices in conducting the business of such trust subsidiary<\/span>, after the director or officer, and the board of directors of the trust subsidiary<\/span> of which he is a director or officer, have been warned in writing by the Commissioner<\/span> to discontinue such violation of law<\/span> or such unsafe or unsound practices, the Commissioner<\/span> shall certify the facts<\/span> to the Commission<\/span>. The Commission<\/span> shall thereupon enter an order<\/span> requiring such director or officer to appear before the Commission<\/span>, within not less than 10 days, to show cause why he should not be removed from office and thereafter restrained from participating in any manner in the management of such trust subsidiary<\/span>. Such order<\/span> shall contain a brief<\/span> statement of the facts<\/span> certified to the Commission<\/span> by the Commissioner<\/span>. A copy of such order<\/span> shall be served upon such director or officer, and a copy thereof shall be sent by registered mail to each director of the trust subsidiary<\/span> affected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, after granting the accused<\/span> director or officer a reasonable opportunity to be heard, the Commission<\/span> shall find that he has continued to violate any law<\/span> relating to such trust subsidiary<\/span>, or has continued unsafe or unsound practices in conducting the business of such trust subsidiary<\/span>, after he and the board of directors of the trust subsidiary<\/span> of which he is a director or officer have been warned in writing by the Commissioner<\/span> to discontinue such violation of law<\/span> or unsafe or unsound practices, the Commission<\/span> shall enter an order<\/span> removing such director or officer from office and restraining such director or officer from thereafter participating in any manner in the management of such trust subsidiary<\/span>. A copy of such order<\/span> shall be served upon such director or officer. A copy of such order<\/span> shall also be served upon the trust subsidiary<\/span> of which he is a director or officer. Upon such removal the director or officer shall cease to be a director or officer of such trust subsidiary<\/span> and thereafter cease to participate in any manner in the management of such trust subsidiary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any director or officer aggrieved by (i) any order<\/span> of the Commission<\/span> entered under subsection B or (ii) an order<\/span> refusing to remove another director or officer from office or to restrain him from participating in the management of the trust subsidiary<\/span>, shall have, of right, an appeal<\/span> to the Supreme Court<\/span> of Virginia within 60 days from the date of the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any director or officer removed or restrained under the provisions of subsection B from participating in any manner in the management of any trust subsidiary<\/span> of which he is a director or officer, and who thereafter participates in any manner in the management of such trust subsidiary<\/span> except as a stockholder therein, is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMOVAL OF DIRECTOR OR OFFICER; APPEALS; PENALTY (\u00a7 6.2-1052)\n\nA. Whenever any director or officer of a trust subsidiary doing business in the\nCommonwealth, shall have continued to violate any law relating to such trust\nsubsidiary or shall have continued unsafe or unsound practices in conducting the\nbusiness of such trust subsidiary, after the director or officer, and the board\nof directors of the trust subsidiary of which he is a director or officer, have\nbeen warned in writing by the Commissioner to discontinue such violation of law\nor such unsafe or unsound practices, the Commissioner shall certify the facts to\nthe Commission. The Commission shall thereupon enter an order requiring such\ndirector or officer to appear before the Commission, within not less than 10\ndays, to show cause why he should not be removed from office and thereafter\nrestrained from participating in any manner in the management of such trust\nsubsidiary. Such order shall contain a brief statement of the facts certified to\nthe Commission by the Commissioner. A copy of such order shall be served upon\nsuch director or officer, and a copy thereof shall be sent by registered mail to\neach director of the trust subsidiary affected.\n\nB. If, after granting the accused director or officer a reasonable opportunity\nto be heard, the Commission shall find that he has continued to violate any law\nrelating to such trust subsidiary, or has continued unsafe or unsound practices\nin conducting the business of such trust subsidiary, after he and the board of\ndirectors of the trust subsidiary of which he is a director or officer have been\nwarned in writing by the Commissioner to discontinue such violation of law or\nunsafe or unsound practices, the Commission shall enter an order removing such\ndirector or officer from office and restraining such director or officer from\nthereafter participating in any manner in the management of such trust\nsubsidiary. A copy of such order shall be served upon such director or officer.\nA copy of such order shall also be served upon the trust subsidiary of which he\nis a director or officer. Upon such removal the director or officer shall cease\nto be a director or officer of such trust subsidiary and thereafter cease to\nparticipate in any manner in the management of such trust subsidiary.\n\nC. Any director or officer aggrieved by (i) any order of the Commission entered\nunder subsection B or (ii) an order refusing to remove another director or\nofficer from office or to restrain him from participating in the management of\nthe trust subsidiary, shall have, of right, an appeal to the Supreme Court of\nVirginia within 60 days from the date of the order.\n\nD. Any director or officer removed or restrained under the provisions of\nsubsection B from participating in any manner in the management of any trust\nsubsidiary of which he is a director or officer, and who thereafter participates\nin any manner in the management of such trust subsidiary except as a stockholder\ntherein, is guilty of a Class 6 felony.\n\nHISTORY: Code 1950, \u00a7\u00a7 6-40, 6-41, 6-42; 1966, c. 584, \u00a7\u00a7 6.1-49, 6.1-50,\n6.1-51; 1974, c. 665, \u00a7 6.1-51.1; 1979, c. 58; 1992, c. 136; 2010, c. 794.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}