WVC 31 A- 4 - 40
§31A-4-40. Permissive closing on fixed weekday or portions of
weekdays; notice of closings; emergency closings;
(a) Any banking institution may elect to operate branches
that are open for business on the days and for the hours as
determined appropriate by that banking institution. Prior to
changing the days or hours a branch or main office will be open for
business, the banking institution shall provide notice of the
change to its customers in the form of conspicuous signage in the
lobby and any drive-through lanes at that branch posted at least
forty-five days prior to the change. The banking institution shall
also provide the Commissioner of Financial Institutions with
forty-five days' advance written notice of the change.
(b) Any banking institution may close, without notice, during
any period of actual or threatened enemy attack affecting the
community in which the banking institution is located or during any
period of other emergency including, but not limited to, fire,
flood, hurricane, riot, snow or civil commotion: Provided,
the commissioner shall be notified of any closing made pursuant to
this subsection as soon as practical thereafter.
(c) Any fixed weekday and/or portion of one or more weekdays
on which any banking institution elects to close and any period
during which the commissioner may permit it to close pursuant to
the authority of this section is a legal holiday with respect to
the banking institution and not a business day or banking day for the purposes of the law relating to negotiable instruments and any
act or contract authorized, required or permitted to be carried out
or performed at, by or with respect to the banking institution may
be performed on the next business or banking day and no liability
or loss of rights on the part of any person or banking institution
shall result therefrom.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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