Chapter 2 - Banking Institutions
- Part 1 - General Provisions
- 45-2-101 - [Repealed.]
- 45-2-102 - [Repealed.]
- 45-2-103 - Changes affecting bank control.
- 45-2-104 - Equality of taxation.
- 45-2-105 - Exemption of nonprofit general welfare corporations.
- 45-2-106 - Provisions applicable to savings and loan associations and savings banks Conflicting laws.
- 45-2-107 - Acquisition, formation or control of banks and savings institutions.
- Part 2 - Organization of Banks
- 45-2-201 - Incorporators Applicant requirements.
- 45-2-202 - Notice of intention Request for issuance of charter Approval or nonapproval of notice of intention or request for issuance of charter and accompanying documents Notice Filing Restricti
- 45-2-203 - Organizational expenses.
- 45-2-204 - Application for charter Acceptance, nonacceptance and filing of application Notice to other banks Formation of interim bank.
- 45-2-205 - Determination of application for charter Factors considered.
- 45-2-206 - Subscription calls.
- 45-2-207 - Capital structure.
- 45-2-208 - Capital notes and debentures.
- 45-2-209 - , 45-2-210. [Repealed.]
- 45-2-211 - Indemnification of officers, directors or employees.
- 45-2-212 - Application for certificate of authority Contents.
- 45-2-213 - Return of noncomplying applications Effect of failure to return.
- 45-2-214 - Time for approval or denial of application Conditions for approval.
- 45-2-215 - Approval or denial of application Action by commissioner Limitation of bank or trust company to fiduciary purposes and powers.
- 45-2-216 - Forfeiture of charter for failure to obtain certificate of authority or to commence business Restitution of improper expenditures.
- 45-2-217 - Operation before receiving certificate of authority prohibited.
- 45-2-218 - Charter amendment.
- 45-2-219 - Charter null and void on ceasing business Definition.
- 45-2-220 - Organization as a limited liability company Rules and regulations Applicability of limited liability company laws.
- Part 3 - Stockholders
- Part 4 - Directors and Officers
- Part 5 - Membership in Federal Reserve Banks
- Part 6 - General Powers of Banks
- 45-2-601 - General powers.
- 45-2-602 - Subsidiary corporations.
- 45-2-603 - Emergency powers.
- 45-2-604 - Hours of operation Days closed Effect on transactions.
- 45-2-605 - Transmitting money Dealing in foreign exchange.
- 45-2-606 - Depositories.
- 45-2-607 - Investments.
- 45-2-608 - Acceptances.
- 45-2-609 - Sale of assets in ordinary course.
- 45-2-610 - Borrowing.
- 45-2-611 - Pledge of assets.
- 45-2-612 - Endorsement and signature guaranty.
- 45-2-613 - Exchange charges.
- 45-2-614 - Branch banking.
- 45-2-615 - [Repealed.]
- 45-2-616 - Preservation of bank records.
- 45-2-617 - [Repealed.]
- 45-2-618 - Notification at maturity of certificate of deposit Requirement.
- 45-2-619 - Definitions Electronic cash dispensing devices.
- 45-2-620 - Acceptance of deposits or placement in federally insured institutions Deposits by state or other governmental entities.
- Part 7 - Deposits in Banks
- 45-2-701 - Interest on accounts.
- 45-2-702 - Deposit of minor.
- 45-2-703 - Deposits in two or more names Multiple-party deposit accounts.
- 45-2-704 - Deposits in trust Contracts with bank for payable-on-death accounts Living trusts.
- 45-2-705 - Final adjustment of statements of account.
- 45-2-706 - Adverse claim to bank deposit.
- 45-2-707 - Powers of attorney.
- 45-2-708 - Payment when no executor or administrator qualifies.
- 45-2-709 - Reserve against deposits.
- 45-2-710 - Statute of limitations.
- Part 8 - Deposit Insurance
- 45-2-801 - Membership in federal deposit insurance corporation authorized.
- 45-2-802 - Appointment of federal deposit insurance corporation as receiver of state bank Powers and duties.
- 45-2-803 - Subrogation rights of federal deposit insurance corporation on payment of insured deposits.
- 45-2-804 - Commissioner to furnish deposit insurance corporation copies of examinations and other information.
- 45-2-805 - Loans to closed banks Security Sale of assets.
- 45-2-806 - Depositories of public funds exempt from security requirements to extent of deposit insurance.
- Part 9 - Safe Deposit and Safekeeping
- 45-2-901 - Part definitions.
- 45-2-902 - Authority to engage in leasing safe deposit facilities Liability of lessor.
- 45-2-903 - Access by fiduciaries.
- 45-2-904 - Lease to minor.
- 45-2-905 - Death of persons having access.
- 45-2-906 - Adverse claims to contents of safe deposit box.
- 45-2-907 - Special remedies for nonpayment of rent.
- 45-2-908 - [Repealed.]
- Part 10 - Fiduciary Powers
- 45-2-1001 - Company authorized to act as fiduciary.
- 45-2-1002 - Fiduciary powers.
- 45-2-1003 - Segregation and registration of fiduciary assets Nominee.
- 45-2-1004 - Investment in undivided interest in property.
- 45-2-1005 - Fiduciary bond or oath excused.
- 45-2-1006 - Deposit of securities in federal reserve bank when acting as fiduciary authorized.
- 45-2-1007 - Deposit of securities in central depository.
- 45-2-1008 - Transfer of fiduciary accounts Substitute fiduciaries.
- 45-2-1009 - Trust offices.
- 45-2-1010 - Fiduciary activities of state trust institution.
- 45-2-1011 - Fiduciary activities of out-of-state trust institution.
- 45-2-1012 - State trust company principal office.
- 45-2-1013 - Trust office.
- 45-2-1014 - Out-of-state trust institution trust office.
- 45-2-1015 - Name of trust institution.
- 45-2-1016 - Designation of trustee.
- 45-2-1017 - Choice of law governing trust and fiduciary investments.
- 45-2-1018 - Engaging in commerce prohibited.
- 45-2-1019 - Pledge of assets.
- 45-2-1020 - Merger authority.
- 45-2-1021 - Sale of assets.
- Part 11 - Loans
- 45-2-1101 - Loans authorized.
- 45-2-1102 - Limit of loans to any one borrower Classified loans.
- 45-2-1103 - Loans to officers and directors.
- 45-2-1104 - Loans and transactions involving banks own stock as collateral or otherwise.
- 45-2-1105 - Participation with other lenders.
- 45-2-1106 - Installment loans Interest and insurance.
- 45-2-1107 - Disclosure of terms and conditions of loan.
- 45-2-1108 - Same power to make loans as national banks.
- Part 12 - Foreign Institutions Investing in Loans [Repealed.]
- Part 13 - Voluntary Corporate Changes
- 45-2-1301 - Part definitions.
- 45-2-1302 - Resulting national bank.
- 45-2-1303 - Resulting state bank.
- 45-2-1304 - Merger procedure Resulting state bank.
- 45-2-1305 - Approval by stockholders of merging state banks.
- 45-2-1306 - Effective date of merger Certificate of merger.
- 45-2-1307 - Conversion of national into state bank.
- 45-2-1308 - Continuation of corporate entity Use of old name.
- 45-2-1309 - Dissenting stockholders.
- 45-2-1310 - Resulting bank without trust powers.
- 45-2-1311 - Nonconforming assets or business.
- 45-2-1312 - [Repealed.]
- 45-2-1313 - Merger of bank in financial difficulty.
- 45-2-1314 - Share exchanges.
- 45-2-1315 - Review of exchange by commissioner Hearings Costs.
- Part 14 - Bank Holding CompaniesBank Structure Act of 1974
- 45-2-1401 - Short title.
- 45-2-1402 - Part definitions.
- 45-2-1403 - Prohibition against acquiring shares of bank in operation less than three (3) years Exceptions.
- 45-2-1404 - Acquisition by holding company prohibited.
- 45-2-1405 - Power of commissioner.
- 45-2-1406 - [Transferred.]
- 45-2-1407 - Powers.
- 45-2-1408 - Examinations Periodic reports Cooperative agreements Assessment of fees.
- 45-2-1409 - Notice and filing requirements.
- 45-2-1410 - Notice of subsequent merger.
- 45-2-1411 - Enforcement.
- 45-2-1412 - Acquisition of branch by out-of-state bank.
- Part 15 - Liquidation, Dissolution, and Reorganization
- Part 16 - Examination and Reports
- Part 17 - Prohibited Acts
- 45-2-1701 - Unauthorized conduct of banking or fiduciary activity Violation a criminal offense.
- 45-2-1702 - Receiving deposit, premium payment or investment in failing financial institution.
- 45-2-1703 - Unlawful service as officer or director Exceptions at commissioner's discretion.
- 45-2-1704 - Unlawful gratuity or compensation.
- 45-2-1705 - Unlawful concealment of transactions.
- 45-2-1706 - Improper maintenance of accounts False or deceptive entries and statements.
- 45-2-1707 - Payment of penalties and judgments against others.
- 45-2-1708 - Unlawful use of term
- 45-2-1709 - Unlawful use of banking terms.
- 45-2-1710 - Advance notice of bank examination.
- 45-2-1711 - False reports.
- 45-2-1712 - False swearing on examination by commissioner or bank examiner.
- 45-2-1713 - Disclosing condition of bank, its depositors or debtors.
- 45-2-1714 - Director voting to impair capital or other acts detrimental to bank.
- 45-2-1715 - Unlawful increase of capital stock.
- 45-2-1716 - Appropriation of property, false entries, or refusal to make reports.
- 45-2-1717 - Criminal sanctions for violations Reports Confidential information.
- 45-2-1718 - Criminal sanctions for violations.
- 45-2-1719 - Injunction.
- 45-2-1720 - False advertising.
- Part 18 - Investment and Security Powers
- 45-2-1801 - Legislative intent.
- 45-2-1802 - Powers generally.
- 45-2-1803 - Regulations Adoption Office of subsidiaries.
- 45-2-1804 - Duties of commissioner.
- 45-2-1805 - Lending limits.
- 45-2-1806 - Investment advisors Registration.
- 45-2-1807 - Uninsured depository accounts.
- 45-2-1808 - Insured and noninsured deposits and investments Disclosures to customers.
- 45-2-1809 - [Repealed.]
- Part 19 - Credit Card State Banks
- 45-2-1901 - Part definitions. [Amendment effective until July 1, 2012. See the Compiler's Notes.]
- 45-2-1902 - Organization Filing fees Authorized activities. [Amendment effective until July 1, 2012. See the Compiler's Notes.]
- 45-2-1903 - Part definitions Credit card accounts.
- 45-2-1904 - Interest Fees and charges.
- 45-2-1905 - Variable interest rates.
- 45-2-1906 - Computation of interest.
- 45-2-1907 - Amendment of credit card agreement.
- 45-2-1908 - Security for cardholders' obligations.
- Part 20 - Private Trust Companies