§412:12-108  Examinations; periodic reports;cooperative agreements; assessment of fees.  (a)  To the extent consistentwith subsection (c), the commissioner may examine any branch established andmaintained in this State pursuant to this article by an out-of-state state bankas the commissioner deems necessary to determine whether the branch is beingoperated in compliance with the laws of this State and in accordance with safeand sound banking practices.  Sections 412:2-105 and 412:2-200 shall apply to theexaminations of the out-of-state state banks in the same manner as to theexaminations of Hawaii financial institutions.

(b)  The commissioner may require periodicreports regarding any out-of-state bank that operates a branch in Hawaiipursuant to this article.  The required reports shall be provided by the bankor by the bank supervisory agency having primary responsibility for the bank. Any reporting requirements prescribed by the commissioner under this subsectionshall be (1) consistent with the reporting requirements applicable to Hawaiistate banks and (2) appropriate for the purpose of enabling the commissioner tocarry out the commissioner's responsibilities under this chapter.

(c)  The commissioner may enter intocooperative, coordinating, and information-sharing agreements with any otherbank supervisory agencies or any organization affiliated with or representingone or more bank supervisory agencies with respect to the periodic examinationor other supervision of any branch in Hawaii of an out-of-state state bank, orany branch of a Hawaii state bank in any host state, and the commissioner mayaccept the parties' reports of examination and reports of investigation in lieuof conducting the commissioner's own examinations or investigations.

(d)  The commissioner may enter into contractswith any bank supervisory agency that has concurrent jurisdiction over a Hawaiistate bank or an out-of-state state bank operating a branch in this Statepursuant to this article to engage the services of the agency's examiners at areasonable rate of compensation, or to provide the services of thecommissioner's examiners to the agency at a reasonable rate of compensation.

(e)  The commissioner may enter into jointexaminations or joint enforcement actions with other bank supervisory agencieshaving concurrent jurisdiction over any branch in Hawaii of an out-of-statestate bank or any branch of a Hawaii state bank in any host state; providedthat the commissioner at any time may take action independently if thecommissioner deems the action to be necessary or appropriate to carry out thecommissioner's responsibilities under this article or to ensure compliance withthe laws of this State; provided further that, in the case of an out-of-statestate bank, the commissioner shall recognize the exclusive authority of thehome state regulator over corporate governance matters and the primaryresponsibility of the home state regulator with respect to safety and soundnessmatters.

(f)  Each out-of-state state bank thatmaintains one or more branches in this State may be assessed and, if assessed,shall pay supervisory, examination, and other fees in accordance with the lawsof this State and rules of the commissioner.  The fees may be shared with otherbank supervisory agencies or any organization affiliated with or representingone or more bank supervisory agencies in accordance with agreements between theparties and the commissioner. [L 1996, c 155, pt of §1; am L 2004, c 216, §42]