Section 06.05.399. Application for certificate of authority for branch bank or change of location.

   (a) Before operating a branch bank at a permanent location or a mobile facility branch bank, or changing the location of the principal office or a branch of the bank at a permanent location, a state bank must apply to the department for a certificate of authority to do so. The application must be in the form and contain the information the department requires to enable the department to determine whether a certificate of authority should be issued, including the address at which the state bank or branch at a permanent location will operate. Investigation expenses incurred by the department in processing applications shall be charged to and paid by the applicant as provided in AS 06.01.010. At the time of submitting the application to the department, the applicant shall pay to the department $1,000 in partial payment of those investigation expenses incurred by the department. If the investigation expenses incurred by the department do not exceed $1,000, the remainder shall be promptly refunded to the applicant. In this subsection, "mobile facility branch bank" means a branch bank that moves from one location to another to provide banking services and that is located in or serves remote areas of the state not being adequately served by permanently located banks or bank branches.
   (b) The department shall notify the state bank of its action on the application for a branch bank or for a change of location. If the application and the accompanying documents do not conform to the requirements of (a) of this section, the department shall return them with an explanation of the defects in them. If the department does not respond within 30 days of its receipt of the application, the application shall be considered to have been accepted.
   (c) The state bank shall publish notice of the application for a branch bank or for a change in location in the manner provided in AS 06.05.344(d) - (e). The notice shall state the proposed location for the facility.
   (d) Upon acceptance of an application for a certificate of authority to operate a branch bank or for approval to change location, the department shall conduct an investigation to ascertain whether
        (1) the addition of the proposed facility in the community is consistent with a sound and competitive banking system;
        (2) the population density and other economic characteristics of the area primarily to be served afford reasonable promise of adequate support for the proposed facility;
        (3) the capital structure of the state bank is adequate in relation to the anticipated business and costs of operating at the proposed location;
        (4) the name is not deceptively similar to that of another branch or bank and is not otherwise misleading.
   (e) No later than 150 days after the application for a certificate of authority to operate a branch bank or to change location has been accepted, the department shall make a determination whether to approve the application. Within 30 days after the second publication of the notice referred to in (c) of this section, a person opposing the pending application may file written objections with the department. When it approves or denies the application, the department shall notify the bank and any other person who requested in writing to be notified; and if the application is denied, the department shall state the reasons for its decision.
   (f) The department shall issue a certificate of authority to operate a branch bank or to change location if
        (1) all conditions imposed by the department in granting the certificate have been fulfilled; and
        (2) the requirements of this chapter are satisfied.
   (g) If the rights conferred by a certificate of authority are not exercised within one year from the date of its issuance under this section, the certificate lapses.

Authorities

6.05.005; 6.05.555

Notes

Implemented As

3 AAC 02.215
3 AAC 02.217

References

AS 6.05.005 .005">Sec. 06.05.005. Powers of department.
AS 6.05.555 .555">Sec. 06.05.555. Certificate of authority for interstate state bank and international bank branching.

History

(Sec. 29 ch 169 SLA 1978; am Sec. 64 ch 26 SLA 1993)