Section 06.26.460. Application for acquisition of control.

   (a) A proposed transferee seeking approval under AS 06.26.450 to acquire control of a trust company shall file with the department
        (1) an application in the form prescribed by the department;
        (2) the filing fee established by the department by regulation; and
        (3) all information required by regulation or that the department requires for a particular application in order to make an informed decision to approve or reject the proposed acquisition.
   (b) If the proposed transferee under (a) of this section includes a group of persons acting together, the department may require each member of the group to provide information to the department.
   (c) If the proposed transferee is not a resident of the state, a corporation organized under AS 10.06, or a foreign corporation qualified under AS 10.06 to transact business in this state, the proposed transferee shall file with the department a written consent to service of process on a resident of this state for any court action arising out of or connected with the proposed acquisition of control.
   (d) Promptly after the department accepts the application as complete, the proposed transferee shall publish notice of the application, the date of filing the application, and the identity of each participant in the acquisition of control in the form specified by the department in a newspaper of general circulation published in the community proposed as the trust company's principal place of business. If a newspaper of general circulation is not published in the community, the notice shall be published in a newspaper of general circulation near the community. Publication of notice of an application may be deferred for up to 31 days after the date the application is filed if
        (1) the proposed transferee requests confidential treatment and represents that a public announcement of the tender offer and the filing of appropriate forms with the United States Securities and Exchange Commission or the appropriate federal banking agency, as applicable, will occur within the period of deferral; and
        (2) the department determines that public interest will not be harmed by the requested confidential treatment.
   (e) The department may waive the requirement that a notice be published or permit delayed publication of the notice if the department makes a written determination that waiver or delay is in the public interest.

Authorities

6.26.470

Notes

Implemented As

3 AAC 04.320
3 AAC 04.330

References

3 AAC 01.020
3 AAC 04.320
3 AAC 04.330
3 AAC 04.910
AS 6.26.470 .470">Sec. 06.26.470. Decision on application for acquisition of control.

History

(Sec. 2 ch 77 SLA 2002)