Alaska Statutes (Last Updated: January 11, 2017) |
Title 06. BANKS AND FINANCIAL INSTITUTIONS. |
Chapter 06.26. REVISED ALASKA TRUST COMPANY ACT. |
Article 06.26.12. MISCELLANEOUS PROVISIONS. |
Section 06.26.900. Powers of department.
Latest version.
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The department may
(1) exercise general supervision over trust companies, interstate trust companies, and international trust companies, and the subsidiaries and affiliated corporations of trust companies, interstate state trust companies, and international trust companies;
(2) in addition to other authority in this chapter to adopt regulations, adopt regulations necessary to interpret and implement this chapter, including regulations providing for the retention and preservation of records;
(3) review and approve or disapprove applications for trust companies under AS 06.26.090, trust company branch offices under AS 06.26.160, representative offices under AS 06.26.170, and trust offices and representative offices under AS 06.26.810 - 06.26.895;
(4) issue permits authorizing trust company holding companies to do business in this state;
(5) determine for each trust company the amount of paid-in capital necessary to operate under AS 06.26.120;
(6) review and approve transfers of trust company ownership under AS 06.26.450;
(7) perform examinations of trust companies, branch offices, representative offices, subsidiaries of trust companies, private trust companies, and subsidiaries of private trust companies under AS 06.01.015 and this chapter;
(8) relieve a trust company from the examination requirements of AS 06.01.015 if the trust company's deposits are insured by the Federal Deposit Insurance Corporation, a successor of the Federal Deposit Insurance Corporation, or another agency of the United States that insures trust company deposits;
(9) approve under AS 06.26.190 the operation of a branch trust company on a schedule different than normal banking days;
(10) approve the operation by a trust company of an automated teller machine in accordance with AS 06.05;
(11) approve certain trust company subsidiaries;
(12) approve the acceptance by a trust company of the trust company's stock or of the stock of the trust company's holding company as security for a loan under circumstances approved by the department;
(13) restrict the withdrawal of deposits from a trust company if the department finds that extraordinary circumstances make restriction necessary for the proper protection of depositors;
(14) require a trust company to
(A) maintain its capital and reserve accounts in amounts determined appropriate by the department;
(B) observe the methods and standards that the trust company adopts for determining the value of various types of assets;
(C) charge off part or all of an asset that has not been lawfully acquired;
(D) write down an asset to its market value;
(E) record liens and other interests in property;
(F) obtain a financial statement from a borrower or prospective borrower to the extent that the trust company can obtain the statement;
(G) obtain insurance against damage to real property taken as security;
(H) search or obtain insurance on the title to real property taken as security;
(I) maintain adequate insurance against risks as the department determines necessary and appropriate for the protection of depositors and the public;
(J) charge off that portion of an asset classified as a loss, or charge off or reserve up to 50 percent of loans classified as doubtful, in a state or federal report of examination; or
(K) charge off all debts owed to the trust company in which interest is past due and unpaid for a period of six months, unless the debt principal is adequately secured and the trust company is in the process of collection;
(15) require the board of directors of a trust company to hold a meeting under AS 06.26.520;
(16) order the removal of a board member of a trust company under AS 06.26.510;
(17) order a trust company to suspend the payment of dividends under AS 06.26.120 and regulations adopted by the department;
(18) require a trust company to increase its capital accounts under AS 06.26.120;
(19) take possession of a trust company in the manner provided in AS 06.26.730 - 06.26.750, and operate, reorganize, or liquidate the trust company after taking possession;
(20) issue an order under AS 06.01.030 that the department determines is necessary to ensure compliance with this chapter; and
(21) exercise other powers expressly or implicitly granted under this chapter.
Notes
Implemented As
3 AAC 01.020
3 AAC 04.010
3 AAC 04.020
3 AAC 04.110
3 AAC 04.120
3 AAC 04.130
3 AAC 04.140
3 AAC 04.210
3 AAC 04.220
3 AAC 04.230
3 AAC 04.310
3 AAC 04.320
3 AAC 04.330
3 AAC 04.410
3 AAC 04.420
3 AAC 04.430
3 AAC 04.510
3 AAC 04.520
3 AAC 04.530
3 AAC 04.540
3 AAC 04.550
3 AAC 04.560
3 AAC 04.570
3 AAC 04.610
3 AAC 04.620
3 AAC 04.900
3 AAC 04.910
3 AAC 04.920
3 AAC 04.990
History
(Sec. 2 ch 77 SLA 2002)