Section 06.05.555. Certificate of authority for interstate state bank and international bank branching.

   (a) Before acquiring a branch bank under AS 06.05.550(a) or establishing a branch bank under AS 06.05.550(b), an interstate state bank or international bank shall file an application with the department for and receive a certificate of authority to operate a branch bank. The application must include
        (1) all information and fees required under AS 06.05.399;
        (2) the name of the bank and the address of its principal office;
        (3) if an international bank, the country under whose laws it is organized;
        (4) the amount of the bank's capital actually paid in cash and the amount subscribed for and unpaid;
        (5) a complete and detailed statement of the bank's financial condition;
        (6) the names of all other states and countries in which the bank is admitted or qualified to do business;
        (7) a copy of the bank's charter, articles of incorporation, and bylaws, as applicable;
        (8) if an international bank, evidence satisfactory to the department that the bank is authorized to conduct a banking business under the laws of the country of its organization, and the nature of the bank's business;
        (9) a properly executed designation of the department as the bank's agent for service of process in an action or proceeding arising out of a transaction involving the branch bank; the designation must include the name and address of the officer, agent, or other person to whom the department is to forward the process; and
        (10) other information necessary or appropriate for the department to determine whether the bank is entitled to a certificate of authority from the department.
   (b) The department shall notify the interstate state bank or international bank of its action on the application. If the application and the accompanying documents do not comply with the requirements of (a) of this section, the department shall return them with an explanation of the noncompliance. If the department does not respond within 30 days of its receipt of the application, the application is considered to be accepted.
   (c) The interstate state bank or international bank shall publish notice of the application in the manner provided in AS 06.05.344(d) - (e). The notice must state the proposed location of the branch bank.
   (d) Upon acceptance of the application, the department shall conduct an investigation to determine that
        (1) if an interstate state bank,
             (A) the laws of the home state of the bank authorize a state bank of this state to acquire a branch bank in the home state without conditions or restrictions on the operations of the branch bank; and
             (B) the bank supervisor of the home state of the bank has agreed to provide to the department the examination reports that the department determines sufficient to permit the department to determine on a current basis the financial condition of the bank;
        (2) the proposal is consistent with a sound and competitive banking system;
        (3) the capital structure of the bank is adequate in relation to the anticipated business and costs of operating the branch bank;
        (4) the name of the bank is not deceptively similar to the name of another branch bank or state bank and is not otherwise misleading; and
        (5) the other requirements of this chapter have been met.
   (e) Not later than 150 days after the department accepts an application by an interstate state bank or international bank for a certificate of authority to operate a branch bank, 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 an interstate state bank or international bank to operate a branch bank if
        (1) the 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 issued under this section are not exercised within one year from the date of the issuance of the certificate under this section, the certificate lapses.

Authorities

6.05.005; 6.05.301

Notes

Implemented As

3 AAC 02.215
3 AAC 02.310
3 AAC 02.320
3 AAC 02.350

References

3 AAC 02.215
3 AAC 02.350
AS 6.05.005 .005">Sec. 06.05.005. Powers of department.
AS 6.05.301 .301">Sec. 06.05.301. Applicability of corporations code.

History

(Sec. 87 ch 26 SLA 1993; am Sec. 29 - 34 ch 75 SLA 2002)