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House File 222

Partial Bill History

Bill Text

PAG LIN
  1  1                                             HOUSE FILE 222
  1  2 
  1  3                             AN ACT
  1  4 PERMITTING BANKS IN IOWA TO ESTABLISH ADDITIONAL BANK
  1  5    OFFICES, AND CONTAINING EFFECTIVE DATES.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 524.1201, subsection 1, Code 2001, is
  1 10 amended to read as follows:
  1 11    1.  A bank shall not open or maintain a branch bank.  A
  1 12 state bank may establish and operate any number of bank
  1 13 offices at any location in this state subject to the approval
  1 14 and regulation of the superintendent and to the restrictions
  1 15 upon location and number imposed by section 524.1202.  A bank
  1 16 office may furnish all banking services ordinarily furnished
  1 17 to customers and depositors at the principal place of business
  1 18 of the state bank which operates the office, and a bank office
  1 19 manager or an officer of the bank shall be physically present
  1 20 at each bank office during a majority of its business hours.
  1 21 The central executive and official business and principal
  1 22 recordkeeping functions of a state bank shall be exercised
  1 23 only at its principal place of business or at another bank
  1 24 office as authorized by the superintendent for these
  1 25 functions.
  1 26    Sec. 2.  Section 524.1202, Code 2001, is amended by adding
  1 27 the following new subsections:
  1 28    NEW SUBSECTION.  4.  Notwithstanding other restrictions in
  1 29 this chapter to the contrary, a state bank may, subject to the
  1 30 approval of the superintendent, establish up to three bank
  1 31 offices at any location in Iowa in addition to the bank
  1 32 offices that may be established pursuant to other provisions
  1 33 of this chapter.
  1 34    NEW SUBSECTION.  5.  Notwithstanding any other restrictions
  1 35 in this chapter to the contrary, a branch of an out-of-state
  2  1 national bank or a branch of an out-of-state state bank may
  2  2 establish up to three bank offices at any location in Iowa in
  2  3 addition to the bank offices that may be established pursuant
  2  4 to other provisions of this chapter, provided that no more
  2  5 than a total of three such bank offices may be established by
  2  6 all branches collectively of an out-of-state national bank or
  2  7 an out-of-state state bank.
  2  8    Sec. 3.  Section 524.1204, Code 2001, is amended to read as
  2  9 follows:
  2 10    524.1204  PRIVILEGES EXTENDED TO NATIONAL BANKS.
  2 11    The privileges extended to state banks by section 524.1201,
  2 12 524.1202 and 524.1212 and chapter 527 shall be available on
  2 13 the same conditions to national banks to the extent they are
  2 14 so authorized by federal law.
  2 15    Sec. 4.  Section 524.1205, Code 2001, is amended to read as
  2 16 follows:
  2 17    524.1205  ESTABLISHMENT OF BRANCH OR OFFICE IN OTHER STATE
  2 18 – SUPERINTENDENT'S AUTHORITY TO REGULATE.
  2 19    1.  Notwithstanding section 524.1201, subsection 1, and
  2 20 section 524.1202, subsection 2, paragraph "b", upon
  2 21 application to and approval by the superintendent, a state
  2 22 bank may acquire in any manner, establish, maintain, operate,
  2 23 retain, or relocate a branch or office in a state other than
  2 24 this state.  Subject to the approval of the superintendent,
  2 25 such branch or office may engage in any activity authorized
  2 26 for a branch or office of a bank organized under the laws of
  2 27 that other state.
  2 28    2.  The superintendent shall supervise and regulate all
  2 29 out-of-state branches and offices of a state bank.
  2 30    3.  Sections 524.1201 and 524.1203 apply to an out-of-state
  2 31 branch or office of a state bank except as otherwise provided
  2 32 by the laws of the state in which a branch or office is
  2 33 located or by the superintendent pursuant to this section.
  2 34    4.  This section does not authorize or permit a state-
  2 35 chartered bank located outside of this state or a national
  3  1 bank located outside of this state to establish a de novo
  3  2 branch or office in this state.  This section does not
  3  3 authorize or permit, before June 1, 1997, an interstate merger
  3  4 transaction within the meaning of 12 U.S.C. } 1831u(a).
  3  5    Sec. 5.  Section 524.1205, Code 2001, as amended by section
  3  6 4 of this Act, is amended to read as follows:
  3  7    524.1205  ESTABLISHMENT OF BRANCH OR OFFICE IN OTHER STATE
  3  8 – SUPERINTENDENT'S AUTHORITY TO REGULATE.
  3  9    1.  Notwithstanding section 524.1201, subsection 1, and
  3 10 section 524.1202, subsection 2, paragraph "b", upon
  3 11 application to and approval by the superintendent, a state
  3 12 bank may acquire in any manner, establish, maintain, operate,
  3 13 retain, or relocate a branch or office in a state other than
  3 14 this state.  Subject to the approval of the superintendent,
  3 15 such branch or office may engage in any activity authorized
  3 16 for a branch or office of a bank organized under the laws of
  3 17 that other state.
  3 18    2.  The superintendent shall supervise and regulate all
  3 19 out-of-state branches and offices of a state bank.
  3 20    3.  Sections 524.1201 and 524.1203 apply to an out-of-state
  3 21 branch or office of a state bank except as otherwise provided
  3 22 by the laws of the state in which a branch or office is
  3 23 located or by the superintendent pursuant to this section.
  3 24    4.  This section does not authorize or permit a state-
  3 25 chartered bank located outside of this state or a national
  3 26 bank located outside of this state to establish a de novo
  3 27 branch or office in this state.
  3 28    Sec. 6.  Section 524.1212, Code 2001, is amended to read as
  3 29 follows:
  3 30    524.1212  LOCATION OF SATELLITE TERMINALS.
  3 31    Any state bank may utilize a satellite terminal, as defined
  3 32 in section 527.2, when that satellite terminal is lawfully
  3 33 being operated, at any location within this state.  A
  3 34 satellite terminal which complies with the requirements of
  3 35 chapter 527 is not a branch bank or an office of a bank and is
  4  1 not subject to the restrictions on location or number set
  4  2 forth in section 524.1202.  Any transaction engaged in through
  4  3 the use of a satellite terminal shall be deemed to take place
  4  4 at the principal place of business of a bank whose accounts
  4  5 and records are affected by the transaction.
  4  6    Sec. 7.  Section 524.1213, Code 2001, is amended by adding
  4  7 the following new subsection:
  4  8    NEW SUBSECTION.  8A.  A bank that is converted to the
  4  9 principal place of business or to a united community bank
  4 10 office as a result of a merger or consolidation under
  4 11 subsection 3 that occurs after January 1, 2001, may establish
  4 12 any number of additional bank offices that could have been
  4 13 established by the bank pursuant to section 524.1202,
  4 14 subsection 4, prior to the merger or consolidation.
  4 15    Sec. 8.  Section 524.1419, Code 2001, is amended to read as
  4 16 follows:
  4 17    524.1419  OFFICES OF A RESULTING STATE BANK.
  4 18    If a merger or conversion results in a state bank subject
  4 19 to the provisions of this chapter, the resulting state bank,
  4 20 after the effective date of the merger or conversion, shall be
  4 21 subject to the provisions of sections 524.1201, 524.1202, and
  4 22 524.1203 relating to the bank offices.
  4 23    Sec. 9.  Section 534.214, subsection 2, unnumbered
  4 24 paragraph 2, Code 2001, is amended by striking the unnumbered
  4 25 paragraph.
  4 26    Sec. 10.  Sections 524.1202 and 524.1213, Code 2001, are
  4 27 repealed.
  4 28    Sec. 11.  FUTURE EFFECTIVE DATE.  Sections 1, 3, 5, 6, 8,
  4 29 9, and 10 of this Act take effect July 1, 2004.
  4 30    Sec. 12.  IMMEDIATE EFFECTIVE DATE.  Except as provided in
  4 31 section 11 of this Act, this Act, being deemed of immediate
  4 32 importance, takes effect upon enactment.  
  4 33 
  4 34 
  4 35                                                             
  5  1                               BRENT SIEGRIST
  5  2                               Speaker of the House
  5  3 
  5  4 
  5  5                                                             
  5  6                               MARY E. KRAMER
  5  7                               President of the Senate
  5  8 
  5  9    I hereby certify that this bill originated in the House and
  5 10 is known as House File 222, Seventy-ninth General Assembly.
  5 11 
  5 12 
  5 13                                                             
  5 14                               MARGARET THOMSON
  5 15                               Chief Clerk of the House
  5 16 Approved                , 2001
  5 17 
  5 18 
  5 19                            
  5 20 THOMAS J. VILSACK
  5 21 Governor
     

Text: HF00221                           Text: HF00223
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Bills and Amendments: General Index     Bill History: General Index

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