State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_53 > GS_53-122

§ 53‑122.  Fees andassessments.

(a)        For the purpose ofoperating and maintaining the office of the Commissioner of Banks, banks andconsumer finance licensees doing business under the authority of Chapter 53 ofthe General Statutes shall pay the following fees and assessments into theoffice of the Commissioner of Banks within 10 days after the assessment:

(1)        Banks. – Each bankshall pay a cumulative assessment based on its total assets, as shown on itsreport of condition made to the Commissioner of Banks as of December 31 eachyear or the date most nearly approximating the same, not to exceed the amountdetermined by applying the following schedule: (i) on the first fifty milliondollars ($50,000,000) of assets, or fraction thereof, ten thousand dollars ($10,000);(ii) on assets over fifty million dollars ($50,000,000), but not more than twohundred fifty million dollars ($250,000,000), fourteen dollars ($14.00) per onehundred thousand dollars ($100,000), or fraction thereof; (iii) on assets overtwo hundred fifty million dollars ($250,000,000), but not more than fivehundred million dollars ($500,000,000), eleven dollars ($11.00) per one hundredthousand dollars ($100,000), or fraction thereof; (iv) on assets over fivehundred million dollars ($500,000,000), but not more than one billion dollars($1,000,000,000), seven dollars ($7.00) per one hundred thousand dollars($100,000), or fraction thereof; (v) on assets over one billion dollars($1,000,000,000), but not more than ten billion dollars ($10,000,000,000), fourdollars ($4.00) per one hundred thousand dollars ($100,000), or fractionthereof; and (vi) on assets over ten billion dollars ($10,000,000,000), twodollars ($2.00) per one hundred thousand dollars ($100,000), or fractionthereof. Additionally, each bank shall pay an assessment on trust assets heldby it in the amount of one dollar ($1.00) per one hundred thousand dollars($100,000) of the assets, or fraction thereof; except that banks are notrequired to pay assessments on real estate held as trust assets.

(2)        Consumer FinanceLicensees. – Each consumer finance licensee shall pay an assessment not toexceed eighteen dollars ($18.00) per one hundred thousand dollars ($100,000) ofassets, or fraction thereof, plus a fee of three hundred dollars ($300.00) peroffice; provided, however, a consumer finance licensee shall pay a minimumannual assessment of not less than five hundred dollars ($500.00). Theassessment shall be determined on a consumer finance licensee's total assets asshown on its report of condition made to the Commissioner of Banks as ofDecember 31 each year, or the date most nearly approximating the same.

(3)        Special Assessment.– If the Commissioner of Banks determines that the financial condition ormanner of operation of a bank or consumer finance licensee warrants furtherexamination or an increased level of supervision, or in the event of a mergeror conversion of a savings institution organized under State or federal lawinto a bank, or conversion of a federally chartered bank into a State bank, theinstitutions may be subject to assessment not to exceed the amount determinedin accordance with the schedule set forth in subdivision (1) of subsection (a)of this section for banks or subdivision (2) for consumer finance licensees.

(b)        The State BankingCommission may by rule set the amount to be collected for processing anyapplication or proceeding required by law to be filed with the Commissioner andfor obtaining copies of any public record of the Banking Commission.

(c)        In all civil andcriminal cases tried in any of the courts of this State wherein any of theemployees of the Commissioner of Banks are used as witnesses, a fee per day, tobe determined by the presiding judge, and actual expenses incurred shall beallowed such witnesses and the same shall be paid to the Commissioner of Banksby the clerk of the court of the county in which the case is tried andthereafter charged in bill of costs as are other costs incurred in the matter.

(d)        The total expensesof the office of the Commissioner of Banks shall not in any one year exceed thetotal fees collected under the provisions of this section, provided theexpenses may exceed the total fees collected in any year when surplus funds areavailable.

(e)        In the first halfof each calendar year, the State Banking Commission shall review the estimatedcost of maintaining the office of the Commissioner of Banks for the next fiscalyear. If the estimated fees and assessments provided for under this sectionshall exceed the estimated cost of maintaining the office of the Commissionerof Banks for the next fiscal year, then the State Banking Commission may reduceby uniform percentage the fees and assessments provided for in this section. Ifthe estimated fees and assessments provided for under this section shall beless than the estimated cost of maintaining the office of the Commissioner ofBanks for the next fiscal year, then the State Banking Commission may increaseby uniform percentage the fees and assessments provided for in this section toan amount which will increase the amount of the fees and assessments to becollected to an amount at least equal to the estimated cost of maintaining theoffice of the Commissioner of Banks for the next fiscal year. The State BankingCommission shall report to the Joint Legislative Commission on GovernmentalOperations its conclusion that the estimated fees and assessments should bereduced or increased. Any reduction or increase of estimated fees andassessments provided for under this section shall become effective July 1 ofthe next fiscal year.

(f)         The Commissionerof Banks may collect the assessments provided for in subsection (a) of thissection annually or in periodic installments as approved by the State BankingCommission.  (1921,c. 4, s. 77; C.S., s. 223(f); 1927, c. 47, s. 15; 1931, c. 243, s. 5; 1943, c.733; 1945, c. 467; 1955, c. 640, ss. 1, 2; 1957, c. 1443, s. 1; 1969, c. 229;1979, c. 483, s. 1; 1981, c. 671, s. 13; 1989, c. 561, s. 1; 1997‑285, s.1; 2007‑55, s. 1; 2009‑451, s. 14.20.)