Arkansas Code Annotated

Ark. Code Ann. § 23-42-202 (2020)

Delegation of authority by Securities Commissioner

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. The Securities Commissioner may delegate to any person under any conditions which he or she deems appropriate any responsibilities of the commissioner as set forth in this chapter, the Credit Union Act, § 23-35-101 et seq., the Savings and Loan Act, § 23-37-101 et seq., or any other act for which the commissioner is responsible.
  2. The commissioner, subject to any restrictions which he or she in his or her discretion deems appropriate, may delegate to any person the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial, discretionary, or of whatever character, vested by this chapter in the commissioner.

History. Acts 1959, No. 254, § 19; 1977, No. 493, § 11; 1979, No. 754, § 4; A.S.A. 1947, § 67-1253; Acts 1995, No. 845, § 3; 1997, No. 173, § 5.

Case Notes

Constitutionality.

There is nothing in the Constitution of the United States which prohibits a state from conferring powers on the bank commissioner; and former act did not vest bank commissioner with arbitrary power since provision was made for proceedings in the chancery court. Standard Home Co. v. Davis, 217 F. 904 (E.D. Ark. 1914) (decision under prior law).

Cited: Madden v. United States Assocs., 40 Ark. App. 143, 844 S.W.2d 374 (1992).

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Madden v. U.S. Assocs., 844 S.W.2d 374 (Ark. Ct. App. 1992).
Madden v. U.S. Assocs., 844 S.W.2d 374 (Ark. Ct. App. 1992). · cites it 2× “On November 21, 1989, as provided under Ark. Code Ann. § 23-42-202 (b) (1987), the Commissioner, Beverly Basset, delegated to Joe E.”
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