CHAPTER 1. BANKS AND TRUST COMPANIES
- Part 1. General Provisions -- Definitions
- 32-1-101. Short title -- application -- purpose.
- 32-1-102. Institutions to which chapter is applicable.
- 32-1-103. Repealed.
- 32-1-104. Number of persons necessary to form corporation.
- 32-1-105. Commercial bank defined.
- 32-1-106. Savings bank defined.
- 32-1-107. Trust company defined -- purposes for which may be formed.
- 32-1-108. Investment company defined -- purposes for which may be formed.
- 32-1-109. Definitions.
- 32-1-110. Punishment.
- 32-1-111. Attachments prohibited.
- 32-1-112. Applicability of corporation law.
- 32-1-113. and reserved.
- 32-1-115. Student financial institution defined -- obligations of minor -- applicability of laws.
- Part 10. Fiduciary Foreign Trust Companies
- Part 2. Functions of State Banking Board and Department of Administration
- 32-1-201. State banking board -- secretary -- meetings -- per diem.
- 32-1-202. Powers and duties of board.
- 32-1-203. Rules adopted by board -- new banks.
- 32-1-204. Hearings -- notice.
- 32-1-205. Board rules for discovery and hearing procedures.
- 32-1-206. Disqualification of board member -- when.
- 32-1-207. through reserved.
- 32-1-211. Examination and supervision by department -- division of banking and financial institutions -- commissioner.
- 32-1-212. Employees not to be interested in banks.
- 32-1-213. Payments to be made by banks, investment companies, and trust companies.
- 32-1-214. Special examination defined.
- 32-1-215. Special examinations and fees -- report within 120 days.
- 32-1-216. Examination at request of directors.
- 32-1-217. Repealed.
- 32-1-218. Department to make rules.
- 32-1-219. Reliance on order -- limit on liability.
- 32-1-220. Access to holding companies and affiliated entities.
- 32-1-221. through reserved.
- 32-1-231. Reports to department.
- 32-1-232. Report of declaration of dividend.
- 32-1-233. Special reports to department.
- 32-1-234. Confidentiality -- penalties.
- 32-1-235. Penalty for failure to make report within thirty days.
- 32-1-236. False statements and entries considered felony.
- Part 3. Formation and Reorganization
- 32-1-301. Organization and incorporation -- articles of incorporation.
- 32-1-302. Incorporation.
- 32-1-303. Board to refuse or approve application.
- 32-1-304. Repealed.
- 32-1-305. Repealed.
- 32-1-306. Repealed.
- 32-1-307. Amount of capital.
- 32-1-308. Bylaws.
- 32-1-309. through reserved.
- 32-1-321. Calling of first meeting -- cancellation of certificate.
- 32-1-322. Board of directors -- qualifications, tenure, and vacancies.
- 32-1-323. Repealed.
- 32-1-324. Repealed.
- 32-1-325. Selection of officers and employees -- minutes of meetings.
- 32-1-326. through reserved.
- 32-1-331. Repealed.
- 32-1-332. Repealed.
- 32-1-333. Repealed.
- 32-1-334. Repealed.
- 32-1-335. Purchase or loan of own capital stock prohibited -- exception.
- 32-1-336. Repealed.
- 32-1-337. Repealed.
- 32-1-338. Repealed.
- 32-1-339. Right of examination by stockholder.
- 32-1-340. Conversion of surplus and undivided profits to capital stock.
- 32-1-341. through reserved.
- 32-1-351. Repealed.
- 32-1-352. Repealed.
- 32-1-353. Repealed.
- 32-1-354. Repealed.
- 32-1-355. Repealed.
- 32-1-356. Repealed.
- 32-1-357. through reserved.
- 32-1-361. Change from state to national bank.
- 32-1-362. National bank powers extended to state banks.
- 32-1-363. Surrender of charter by state bank.
- 32-1-364. Increase or reduction of capital stock.
- 32-1-365. Certificate of change to national bank.
- 32-1-366. through reserved.
- 32-1-370. Interstate merger of banks -- interstate agreements.
- 32-1-371. Consolidation or merger of banks.
- 32-1-372. Branch bank.
- 32-1-373. Banks may join federal reserve bank.
- 32-1-374. Reorganization of national bank as state bank.
- 32-1-375. Prohibition of acquisition -- exception.
- 32-1-376. Sale of branch bank.
- 32-1-377. Agreement of purchase and sale.
- 32-1-378. through reserved.
- 32-1-381. Purpose.
- 32-1-382. Definitions.
- 32-1-383. Acquisition of financial institution by bank holding company not located in this state -- limitations.
- 32-1-384. Federal applications -- comments.
- Part 4. Operation and Regulation
- 32-1-401. Bank advertising before issuance of charter.
- 32-1-402. When advertising as bank prohibited -- trade names restricted.
- 32-1-403. Penalty for transacting business without certificate.
- 32-1-404. through reserved.
- 32-1-411. Extent assets may be pledged.
- 32-1-412. Limits on excessive borrowing.
- 32-1-413. Borrowing money for capital purposes -- status of capital.
- 32-1-414. No certificate of deposit to issue for borrowed money.
- 32-1-415. through reserved.
- 32-1-420. Investment by trust fiduciary in management investment company or investment trust.
- 32-1-421. Investment of capital of savings banks.
- 32-1-422. Restriction on investment in corporate stock -- rulemaking authority.
- 32-1-423. Real estate that banks may purchase, hold, or convey.
- 32-1-424. Investments of financial institutions.
- 32-1-425. Definitions.
- 32-1-426. Deposit of securities in central depository.
- 32-1-427. Fiduciaries -- deposit of securities with a federal reserve bank.
- 32-1-428. reserved.
- 32-1-429. Insurance activities.
- 32-1-430. Authority of state banks to make real estate loans -- borrower insurance requirements.
- 32-1-431. Repealed.
- 32-1-432. Limitations on loans -- rulemaking.
- 32-1-433. Investment in certain securities -- rulemaking authority.
- 32-1-434. Financial institutions authorized to obtain insurance and make loans when approved by federal housing administrator.
- 32-1-435. Federal housing securities eligible collateral.
- 32-1-436. Repealed.
- 32-1-437. Acceptance and issuance of drafts -- rulemaking authority.
- 32-1-438. and reserved.
- 32-1-440. Financial institution's responsibility to provide notice when funds become available for withdrawal.
- 32-1-441. Certified checks.
- 32-1-442. Repealed.
- 32-1-443. Repealed.
- 32-1-444. Deposit in name of minor.
- 32-1-445. Demand or time deposits.
- 32-1-446. Safe deposit department.
- 32-1-447. Giving security for deposit prohibited -- exceptions.
- 32-1-448. Payments to foreign administrator.
- 32-1-449. and reserved.
- 32-1-451. Statement of capital, resources, and liabilities.
- 32-1-452. Dividends, surplus, losses, and bad debts.
- 32-1-453. Calculation of profits.
- 32-1-454. Past-due and doubtful paper.
- 32-1-455. Reserve requirements.
- 32-1-456. through reserved.
- 32-1-461. Bonding of employees.
- 32-1-462. Persons previously convicted under banking laws -- bank employment.
- 32-1-463. Sale of securities by officer to bank.
- 32-1-464. Fraud by director, officer, agent, or employee.
- 32-1-465. Limit on loans to officer, director, or principal shareholder.
- 32-1-466. Purchase of obligation of bank by officer.
- 32-1-467. Loans to managing officer.
- 32-1-468. Removal of directors, officers, or employees.
- 32-1-469. and reserved.
- 32-1-471. Penalty for unlawful hypothecation of property received.
- 32-1-472. Concealing actions from directors.
- 32-1-473. Theft of funds by directors, officers, or employees.
- 32-1-474. False statement to obtain loan.
- 32-1-475. through reserved.
- 32-1-481. Bank holidays.
- 32-1-482. Transaction on holidays.
- 32-1-483. Closing on Saturdays authorized -- Saturday treated as holiday.
- 32-1-484. Banking hours and business days.
- 32-1-485. Interest payable at bank on Saturday -- how paid.
- 32-1-486. through reserved.
- 32-1-491. Destruction of records.
- 32-1-492. Definitions -- reproduction of bank records -- admissibility in evidence -- cost recovery.
- 32-1-493. Admissibility of copies in evidence -- exception when original available.
- 32-1-494. Destruction or reproduction "in regular course of business" defined.
- 32-1-495. Application.
- Part 5. Dissolution, Closing, and Liquidation
- 32-1-501. Dissolution and disincorporation.
- 32-1-502. Grounds for closing bank.
- 32-1-503. Bank insolvent when.
- 32-1-504. Deposits in insolvent bank.
- 32-1-505. Penalty for receiving deposits when insolvent or for making false statements.
- 32-1-506. Assessment on capital stock to make good impairment.
- 32-1-507. Power of closed banks to borrow money from governmental agencies.
- 32-1-508. Corporate existence -- ceases when.
- 32-1-509. Taxes on banks which have ceased to do business.
- 32-1-510. Penalty for maliciously declaring bank insolvent.
- 32-1-511. Bank may be placed in department's possession.
- 32-1-512. Effect of posting notice.
- 32-1-513. Taking possession of bank -- notice.
- 32-1-514. Resumption after closing.
- 32-1-515. Powers of department on closing bank -- court proceedings.
- 32-1-516. Recourse of aggrieved bank -- injunction.
- 32-1-517. Department may retain bank employees -- liquidating agent's salary and expenses.
- 32-1-518. Compensation of agents and attorneys.
- 32-1-519. through reserved.
- 32-1-531. Notice to creditors of insolvent bank.
- 32-1-532. Claims -- allowance and rejection.
- 32-1-533. Payment of claims.
- 32-1-534. Claims -- order of payment -- priorities.
- 32-1-535. Claims -- partial payments -- assignments.
- 32-1-536. Deposit of funds in department's hands.
- 32-1-537. Disposition of unclaimed funds.
- 32-1-538. Disposition of assets remaining after payment of claims.
- 32-1-539. through reserved.
- 32-1-551. Liquidating officer's powers and duties.
- 32-1-552. Further duties of liquidating officer.
- 32-1-553. Department to file inventory -- report required -- exception.
- 32-1-554. through reserved.
- 32-1-561. Definitions.
- 32-1-562. Power of department.
- 32-1-563. Powers of officers.
- 32-1-564. Notice of bank closing.
- 32-1-565. Effect of closing.
- Part 6. Federal Deposit Insurance Corporation
- 32-1-601. Definition of banking institution.
- 32-1-602. Banking institutions empowered to receive federal deposit insurance corporation aid.
- 32-1-603. Appointment of the corporation as agent in liquidation.
- 32-1-604. Subrogation of corporation.
- 32-1-605. Examinations by the corporation -- accepted when.
- 32-1-606. Closed banking institutions empowered to borrow from corporation.
- Part 7. Uniform Common Trust Act
- Part 8. Subsidiary Trust Companies
- 32-1-801. Short title.
- 32-1-802. Definitions.
- 32-1-803. Organization of subsidiary trust companies.
- 32-1-804. Permissible business of subsidiary trust companies.
- 32-1-805. Trust offices of subsidiary trust companies.
- 32-1-806. Trust offices of affiliated banks.
- 32-1-807. Transfer of fiduciary relationships from affiliated banks to subsidiary trust companies.
- 32-1-808. Transfer of fiduciary relationships between affiliated banks.
- Part 9. Removal of Directors or Officers of Financial Institutions
- 32-1-901. Definitions.
- 32-1-902. Notice of charges -- hearing -- cease and desist order -- effective date.
- 32-1-903. Informal conferences -- time for application.
- 32-1-904. Temporary cease and desist order -- grounds for issuance -- effective date -- injunctive relief.
- 32-1-905. Notice of intention to remove board member or officer or to prohibit participation -- suspension.
- 32-1-906. Informal conferences -- time for application.
- 32-1-907. Suspension or prohibition effective upon service -- stay.
- 32-1-908. Felony charges -- suspension or prohibition.
- 32-1-909. Board of directors -- lack of quorum -- temporary board members.
- 32-1-910. Hearings -- decision -- review, modification, termination or stay of orders.
- 32-1-911. Notices and orders -- manner of service -- copies to federal authorities.
- 32-1-912. Enforcement of notices or orders.
- 32-1-913. through reserved.
- 32-1-921. Violation of notice or final order -- penalties.