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Senate Study Bill 77

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  524.1205  PERMISSIBLE BANK
  1  2 OFFICES ESTABLISHED BY OUT-OF-STATE BANKS &endash; POWERS &endash;
  1  3 REQUIREMENTS.
  1  4    1.  Subject to the provisions of this section, an out-of-
  1  5 state bank may establish a bank office in a county in this
  1  6 state which has a population of less than twenty thousand at
  1  7 the time of application and is contiguous to or cornering upon
  1  8 the county in the state in which the out-of-state bank has its
  1  9 principal place of business and in which state it is
  1 10 incorporated.
  1 11    2.  An out-of-state bank shall make application to
  1 12 establish the bank office to the superintendent in the manner
  1 13 prescribed by the superintendent and with a fee as established
  1 14 by the superintendent sufficient to cover the costs of
  1 15 processing the application.  The superintendent shall conduct
  1 16 an investigation as provided in section 524.305 prior to
  1 17 approving an application.  In order to approve the
  1 18 application, the application must include all of the
  1 19 following:
  1 20    a.  Information demonstrating that the out-of-state bank
  1 21 intends to adequately meet the convenience and needs of the
  1 22 communities served by the bank office in accordance with Iowa
  1 23 and federal community reinvestment requirements including,
  1 24 where applicable, information relating to the following:
  1 25    (1)  Procedures proposed to be carried out by the bank
  1 26 office to ascertain the credit needs of the communities served
  1 27 by the bank office, including the extent of proposed efforts
  1 28 to communicate to such communities the credit services
  1 29 proposed to be provided by the bank office.
  1 30    (2)  The extent of the proposed marketing and special
  1 31 credit-related programs to be conducted by the bank office to
  1 32 make the communities served by the bank office aware of the
  1 33 credit services proposed to be offered to them.
  1 34    (3)  The extent of proposed participation by the board of
  1 35 directors of the out-of-state bank in formulating the policies
  2  1 and reviewing the performance of the bank office in meeting
  2  2 the purposes of the Iowa and federal community reinvestment
  2  3 requirements.
  2  4    (4)  The expected geographic distribution of credit
  2  5 extensions, credit applications, and credit denials of the
  2  6 bank office.
  2  7    (5)  The proposed participation, including investments by
  2  8 the bank office in local community development and
  2  9 redevelopment projects or programs.
  2 10    (6)  The expected ability of the bank office to meet
  2 11 various credit needs of the communities served by the bank
  2 12 office.
  2 13    b.  Capital investment, loan, and dividend policies
  2 14 proposed by the out-of-state bank for the bank office,
  2 15 including a discussion of the range of consumer and business
  2 16 services which are proposed to be offered and proposals to
  2 17 meet the credit needs of individuals, small businesses, and
  2 18 agricultural borrowers in the communities served by the bank
  2 19 office.
  2 20    c.  Information on net new benefits to Iowa or the
  2 21 communities to be served by the bank office resulting from the
  2 22 establishment of the bank office.
  2 23    d.  Evidence that at least ten percent of the out-of-state
  2 24 bank's existing account holders reside in the county in this
  2 25 state in which the out-of-state bank intends to establish the
  2 26 bank office.
  2 27    e.  Evidence of compliance by the out-of-state bank with
  2 28 the federal Community Reinvestment Act and any applicable
  2 29 state community reinvestment statutes or rules.
  2 30    f.  Information demonstrating that the out-of-state bank
  2 31 intends to provide net new agricultural financing in this
  2 32 state through the bank office.  "Agricultural financing"
  2 33 includes credit to agricultural producers, agricultural
  2 34 suppliers, agricultural processors, and agricultural lenders.
  2 35    4.  a.  A bank office established by an out-of-state bank
  3  1 pursuant to this section is authorized to engage in the
  3  2 business of banking as provided in this chapter except as
  3  3 provided in paragraph "b".
  3  4    b.  A bank office established by an out-of-state bank
  3  5 pursuant to this section is not authorized to do any of the
  3  6 following:
  3  7    (1)  Engage in securities activities pursuant to section
  3  8 524.825.
  3  9    (2)  Merge or consolidate with one or more state banks or
  3 10 national banks pursuant to division XIV of this chapter.
  3 11    (3)  Otherwise acquire any interest in any other bank
  3 12 located in this state unless the out-of-state bank which
  3 13 establishes the bank office would be permitted to acquire such
  3 14 interest absent the presence of the bank office in this state.
  3 15    5.  Except as otherwise provided, a bank office established
  3 16 by an out-of-state bank pursuant to this section is subject to
  3 17 the provisions of this chapter and all its limitations.  
  3 18                           EXPLANATION
  3 19    This bill provides that an out-of-state bank may establish
  3 20 a bank office in this state under particular circumstances and
  3 21 with the approval of the superintendent of banking.  A bank
  3 22 may only be established by an out-of-state bank in a county in
  3 23 this state which is contiguous to or cornering upon the county
  3 24 where the out-of-state bank has its principal place of
  3 25 business in the state where the bank is incorporated.  The
  3 26 county in which the bank office is to be located must have a
  3 27 population of less than 20,000.  The bank office established
  3 28 is subject to the provisions of chapter 524, and granted the
  3 29 authority to engage in the business of banking as provided in
  3 30 chapter 524, except that the bank office is not authorized to
  3 31 engage in securities activities, merge or consolidate with a
  3 32 state or national bank, or otherwise acquire an interest in
  3 33 any other bank which the out-of-state bank could not have
  3 34 acquired absent the presence of the bank office.
  3 35    The application to be filed by the out-of-state bank must
  4  1 contain information concerning the credit and investment
  4  2 opportunities which the bank office will offer the area the
  4  3 bank office will serve, and information demonstrating that the
  4  4 out-of-state bank intends to meet the convenience and needs of
  4  5 the communities to be served by the bank office.  
  4  6 LSB 1768XC 76
  4  7 mj/cf/24
     

Text: SSB00076                          Text: SSB00078
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