Law Commons^™

Fiduciary Duties’ Demanding Cousin: Bank Director Liability For Unsafe Or Unsound Banking Practices, Heidi Mandanis Schooner

Scholarly Articles

The term "unsafe or unsound banking practices" serves as a statutory trigger for virtually every key administrative sanction available against bank directors. Congress has not defined either the term "unsafe or unsound banking practices" or its counterpart "safety and soundness," leaving the federal banking agencies considerable discretion in the interpretation and application of the term. Given the potential breadth of the term, the banking agencies have the ability to seek administrative remedies in cases covering a broad range of director conducL Thus, "unsafe or unsound banking practices" is a potent source of director liability.

Professor Schooner argues that "unsafe or …