Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 1140 - Division of Finance
Chapter 25 - Association's Electronic Fund Transfer Systems
Section 20 CSR 1140-25.020 - Foreign Association Remote Service Units
Universal Citation: 20 MO Code of State Regs 1140-25.020
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This regulation establishes the criteria for the operation of remote service units in this state by foreign associations.
(1) Authority to Operate a Remote Service Unit.
(A) Foreign
Associations. Upon obtaining the prior written approval of the director, a
foreign association may operate a remote service unit in this state under the
following terms and conditions:
1. A foreign
association shall submit a written application to the director for initial
authority to operate a remote service unit in this state, providing the
following information:
A. Written
documentation indicating that the applicant has received authority from its
state or federal regulatory agency to operate a remote service unit in the
state of Missouri; and
B. A
description of the remote service unit system which the applicant is operating
in its home state at the time of the application including the location of each
terminal, the functions performed at each location, the names and addresses of
other entities participating in the system and such other information as the
director may require.
(B) No foreign association shall operate a
remote service unit in this state unless its home state shall allow
associations chartered by the state of Missouri to operate remote service units
in its state.
(C) A foreign
association authorized by the director to operate a remote service unit in this
state may render the same financial services, but none other, to its customers
by means of a remote service unit as are permitted for associations chartered
by the state of Missouri; provided, however, no foreign association shall
render any financial service in this state by means of a remote service unit
unless its home state shall allow associations chartered by the state of
Missouri to render the same financial services in its state.
(D) Remote service units operated in this
state by a foreign association pursuant to this regulation shall not be
considered to be branch offices or agencies.
(2) Revocation of Right to Operate Remote Service Units in this State.
(A) Action Taken
by Director. In addition to the other sanctions available, if, in the opinion
of the director, a foreign association is unlawfully or unsoundly exercising,
or has unlawfully or unsoundly exercised, the powers granted by this regulation
or otherwise fails or has failed to comply with the requirements of this
regulation, the director may issue and serve upon the foreign association a
notice of intent to revoke the authority of the foreign association to exercise
the powers granted by this regulation. The notice shall contain a statement of
the facts constituting the alleged unlawful or unsound exercise of powers or
failure to comply and shall fix a time and place at which a hearing will be
held to determine whether an order revoking authority to exercise such powers
should be issued against the foreign association. Such hearing shall be
conducted in accordance with the provisions of 4 CSR 260-6.010 and shall be
fixed for a date not earlier than thirty (30) days and not later than sixty
(60) days after service of such notice unless an earlier or later date is set
by the director at the request of the foreign association so served. The
director may assess costs in connection with such a hearing. Unless the foreign
association so served shall appear at the hearing by a duly authorized
representative, it shall be deemed to have consented to the issuance of the
revocation order. ln the event of such consent or if, upon the record made at
any such hearing, the director shall find that any allegation specified in the
notice of charges has been established, the director may issue and serve upon
the foreign association an order revoking authority to exercise any and all
powers granted by this regulation. Upon the effective date of any such
revocation order, all the rights and privileges of such foreign association to
operate a remote service unit in this state shall forthwith cease and
terminate. A revocation order shall become effective not earlier than the
expiration of thirty (30) days after service of such order upon the foreign
association so served (except in the case of a revocation order issued upon
consent, which shall become effective at the time specified), and shall remain
effective and enforceable, except to such extent as it is stayed, modified,
terminated or set aside by action of the director or the State Savings and Loan
Commission or reviewing court.
(B)
Automated Termination, The authority grants to a foreign association pursuant
to this regulation to operate a remote service unit in Missouri shall
immediately cease and terminate at such time as the equal rights required by 4
CSR 260-13.020(1) for associations chartered by the state of Missouri shall
cease to exist in the state of the foreign association.
*Original authority: 369.144, RSMo 1971, amended 1982, 1983, 1984, 1989, 1994; 369.219 and 369.334, RSMo 1971, amended 1983, 1994; and 369.299, RSMo 1971, amended 1994.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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