9-1804.Place of business; change of; application, investigation and
approval; expenses of examination and investigation; payment; use and
disposition of moneys received.
(a) No bank or trust company incorporated under the laws of this state
shall change its place
of business, from one city or town to another or from one location to
another within the same city or town, without prior approval. Any such bank or
trust company desiring to change
its place of business shall file written application with the office of the
state bank commissioner in such form and containing such
information as the board and the commissioner shall require.
Notice of the proposed relocation shall be published in a newspaper of
general circulation in the county where the main bank or trust company is
currently located and
in the county to which the bank or trust company proposes to relocate. The
notice shall be in
the form prescribed by the commissioner and at a minimum shall contain the name
and address of the applicant bank or trust company, the address of the proposed
new location
and a solicitation for written comments. The notice shall be published on the
same day for two consecutive weeks and provide for a comment period of not less
than 10 calendar days after the date of the second publication. The applicant
shall provide proof of publication to the commissioner.
(b) If the applicant is an eligible bank or an eligible trust company, the
commissioner shall examine and
investigate the application. If the commissioner determines:
(1) There is a reasonable probability of usefulness and success of the bank
or trust company
in the proposed location; and
(2) the applicant bank's or trust company's financial history and condition
is sound, the
application shall be approved, otherwise, it shall be denied.
(c) Within 15 days after any final action of the commissioner approving or
disapproving an application, the applicant, or any adversely affected or
aggrieved person who provided written comments during the specified comment
period, may request a hearing with the state banking board. Upon receipt of a
timely request, the board shall conduct a hearing in accordance with the
provisions of the Kansas administrative procedure act. Any decision of the
state banking board is subject to review in accordance with the act for
judicial review and civil enforcement of agency actions.
(d) If a bank does not meet the definition of an eligible bank or a trust
company does not meet the definition of an eligible trust company,
the state banking board shall examine and investigate the
application. If the board determines:
(1) There is a reasonable probability of usefulness and success of the bank
or trust company in the proposed location; and
(2) the applicant bank's or trust company's financial history and condition
is sound, the
application shall be approved, otherwise, it shall be denied.
(e) Any final action of the board approving or disapproving an application
shall be subject to review in accordance with the act for judicial review and
civil enforcement of agency actions upon the petition of the applicant, or any
adversely affected or aggrieved person who provided written comments during the
specified comment period.
(f) The expenses of such examination and investigation
shall be paid by the bank or trust company which shall
deposit with the commissioner a fee in an amount established by rules and
regulations adopted
by the commissioner.
The
commissioner shall remit all amounts received under this section to the
state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of a separate special account in
the state treasury for each application. The moneys in each such account
shall be used only to pay the expenses of the examination and investigation
to which it relates, and any unused portion of such deposit shall be
transferred to the bank
commissioner fee fund.
(g) For purposes of this section:
(1) "Eligible bank" means a state bank that
meets the following criteria:
(A) Received a composite rating of 1 or 2 under the uniform financial
institutions rating system as a result of its most recent federal or state
examination;
(B) meets the following three criteria for a well capitalized bank:
(i) Has a total risk based capital ratio of 10% or greater;
(ii) has a tier one risk based capital ratio of 6% or greater; and
(iii) has a leverage ratio of 5% or greater; and
(C) is not subject to a cease and desist order, consent order, prompt
corrective action directive, written agreement, memorandum of understanding or
other administrative agreement with its primary federal regulator or the office
of the state bank commissioner; and
(2) "eligible trust company" means a state chartered trust company that meets
the following criteria:
(A) Received a composite rating of 1 or 2 under the uniform interagency trust
rating system as a result of its most recent state examination; and
(B) is not subject to a cease and desist order, consent order, written
agreement, memorandum of understanding or other administrative agreement with
the office of the state bank commissioner.
History: L. 1947, ch. 102, § 106;
L. 1973, ch. 52, § 1;
L. 1975, ch. 44, § 39;
L. 1989, ch. 48, § 48;
L. 1992, ch. 62, § 7;
L. 2001, ch. 87, § 14;
L. 2001, ch. 167, § 2; July 1.
9-1804.Place of business; change of; application, investigation and
approval; expenses of examination and investigation; payment; use and
disposition of moneys received.
(a) No bank or trust company incorporated under the laws of this state
shall change its place
of business, from one city or town to another or from one location to
another within the same city or town, without prior approval. Any such bank or
trust company desiring to change
its place of business shall file written application with the office of the
state bank commissioner in such form and containing such
information as the board and the commissioner shall require.
Notice of the proposed relocation shall be published in a newspaper of
general circulation in the county where the main bank or trust company is
currently located and
in the county to which the bank or trust company proposes to relocate. The
notice shall be in
the form prescribed by the commissioner and at a minimum shall contain the name
and address of the applicant bank or trust company, the address of the proposed
new location
and a solicitation for written comments. The notice shall be published on the
same day for two consecutive weeks and provide for a comment period of not less
than 10 calendar days after the date of the second publication. The applicant
shall provide proof of publication to the commissioner.
(b) If the applicant is an eligible bank or an eligible trust company, the
commissioner shall examine and
investigate the application. If the commissioner determines:
(1) There is a reasonable probability of usefulness and success of the bank
or trust company
in the proposed location; and
(2) the applicant bank's or trust company's financial history and condition
is sound, the
application shall be approved, otherwise, it shall be denied.
(c) Within 15 days after any final action of the commissioner approving or
disapproving an application, the applicant, or any adversely affected or
aggrieved person who provided written comments during the specified comment
period, may request a hearing with the state banking board. Upon receipt of a
timely request, the board shall conduct a hearing in accordance with the
provisions of the Kansas administrative procedure act. Any decision of the
state banking board is subject to review in accordance with the act for
judicial review and civil enforcement of agency actions.
(d) If a bank does not meet the definition of an eligible bank or a trust
company does not meet the definition of an eligible trust company,
the state banking board shall examine and investigate the
application. If the board determines:
(1) There is a reasonable probability of usefulness and success of the bank
or trust company in the proposed location; and
(2) the applicant bank's or trust company's financial history and condition
is sound, the
application shall be approved, otherwise, it shall be denied.
(e) Any final action of the board approving or disapproving an application
shall be subject to review in accordance with the act for judicial review and
civil enforcement of agency actions upon the petition of the applicant, or any
adversely affected or aggrieved person who provided written comments during the
specified comment period.
(f) The expenses of such examination and investigation
shall be paid by the bank or trust company which shall
deposit with the commissioner a fee in an amount established by rules and
regulations adopted
by the commissioner.
The
commissioner shall remit all amounts received under this section to the
state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of a separate special account in
the state treasury for each application. The moneys in each such account
shall be used only to pay the expenses of the examination and investigation
to which it relates, and any unused portion of such deposit shall be
transferred to the bank
commissioner fee fund.
(g) For purposes of this section:
(1) "Eligible bank" means a state bank that
meets the following criteria:
(A) Received a composite rating of 1 or 2 under the uniform financial
institutions rating system as a result of its most recent federal or state
examination;
(B) meets the following three criteria for a well capitalized bank:
(i) Has a total risk based capital ratio of 10% or greater;
(ii) has a tier one risk based capital ratio of 6% or greater; and
(iii) has a leverage ratio of 5% or greater; and
(C) is not subject to a cease and desist order, consent order, prompt
corrective action directive, written agreement, memorandum of understanding or
other administrative agreement with its primary federal regulator or the office
of the state bank commissioner; and
(2) "eligible trust company" means a state chartered trust company that meets
the following criteria:
(A) Received a composite rating of 1 or 2 under the uniform interagency trust
rating system as a result of its most recent state examination; and
(B) is not subject to a cease and desist order, consent order, written
agreement, memorandum of understanding or other administrative agreement with
the office of the state bank commissioner.
History: L. 1947, ch. 102, § 106;
L. 1973, ch. 52, § 1;
L. 1975, ch. 44, § 39;
L. 1989, ch. 48, § 48;
L. 1992, ch. 62, § 7;
L. 2001, ch. 87, § 14;
L. 2001, ch. 167, § 2; July 1.
9-1804.Place of business; change of; application, investigation and
approval; expenses of examination and investigation; payment; use and
disposition of moneys received.
(a) No bank or trust company incorporated under the laws of this state
shall change its place
of business, from one city or town to another or from one location to
another within the same city or town, without prior approval. Any such bank or
trust company desiring to change
its place of business shall file written application with the office of the
state bank commissioner in such form and containing such
information as the board and the commissioner shall require.
Notice of the proposed relocation shall be published in a newspaper of
general circulation in the county where the main bank or trust company is
currently located and
in the county to which the bank or trust company proposes to relocate. The
notice shall be in
the form prescribed by the commissioner and at a minimum shall contain the name
and address of the applicant bank or trust company, the address of the proposed
new location
and a solicitation for written comments. The notice shall be published on the
same day for two consecutive weeks and provide for a comment period of not less
than 10 calendar days after the date of the second publication. The applicant
shall provide proof of publication to the commissioner.
(b) If the applicant is an eligible bank or an eligible trust company, the
commissioner shall examine and
investigate the application. If the commissioner determines:
(1) There is a reasonable probability of usefulness and success of the bank
or trust company
in the proposed location; and
(2) the applicant bank's or trust company's financial history and condition
is sound, the
application shall be approved, otherwise, it shall be denied.
(c) Within 15 days after any final action of the commissioner approving or
disapproving an application, the applicant, or any adversely affected or
aggrieved person who provided written comments during the specified comment
period, may request a hearing with the state banking board. Upon receipt of a
timely request, the board shall conduct a hearing in accordance with the
provisions of the Kansas administrative procedure act. Any decision of the
state banking board is subject to review in accordance with the act for
judicial review and civil enforcement of agency actions.
(d) If a bank does not meet the definition of an eligible bank or a trust
company does not meet the definition of an eligible trust company,
the state banking board shall examine and investigate the
application. If the board determines:
(1) There is a reasonable probability of usefulness and success of the bank
or trust company in the proposed location; and
(2) the applicant bank's or trust company's financial history and condition
is sound, the
application shall be approved, otherwise, it shall be denied.
(e) Any final action of the board approving or disapproving an application
shall be subject to review in accordance with the act for judicial review and
civil enforcement of agency actions upon the petition of the applicant, or any
adversely affected or aggrieved person who provided written comments during the
specified comment period.
(f) The expenses of such examination and investigation
shall be paid by the bank or trust company which shall
deposit with the commissioner a fee in an amount established by rules and
regulations adopted
by the commissioner.
The
commissioner shall remit all amounts received under this section to the
state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of a separate special account in
the state treasury for each application. The moneys in each such account
shall be used only to pay the expenses of the examination and investigation
to which it relates, and any unused portion of such deposit shall be
transferred to the bank
commissioner fee fund.
(g) For purposes of this section:
(1) "Eligible bank" means a state bank that
meets the following criteria:
(A) Received a composite rating of 1 or 2 under the uniform financial
institutions rating system as a result of its most recent federal or state
examination;
(B) meets the following three criteria for a well capitalized bank:
(i) Has a total risk based capital ratio of 10% or greater;
(ii) has a tier one risk based capital ratio of 6% or greater; and
(iii) has a leverage ratio of 5% or greater; and
(C) is not subject to a cease and desist order, consent order, prompt
corrective action directive, written agreement, memorandum of understanding or
other administrative agreement with its primary federal regulator or the office
of the state bank commissioner; and
(2) "eligible trust company" means a state chartered trust company that meets
the following criteria:
(A) Received a composite rating of 1 or 2 under the uniform interagency trust
rating system as a result of its most recent state examination; and
(B) is not subject to a cease and desist order, consent order, written
agreement, memorandum of understanding or other administrative agreement with
the office of the state bank commissioner.
History: L. 1947, ch. 102, § 106;
L. 1973, ch. 52, § 1;
L. 1975, ch. 44, § 39;
L. 1989, ch. 48, § 48;
L. 1992, ch. 62, § 7;
L. 2001, ch. 87, § 14;
L. 2001, ch. 167, § 2; July 1.