Ohio Administrative Code
Title 1301:1 - Division of Financial Institutions: Banks
Chapter 1301:1-1 - Notice of Meetings of the Banking Board
Section 1301:1-1-04 - Designations and names that include "bank," "banker," "banking," "savings association," "savings and loan," "savings bank," or "trust"
Universal Citation: OH Admin Code 1301:1-1-04
Current through all regulations passed and filed through September 16, 2024
(A) The prohibitions in section 1101.15 of the Revised Code apply to all names and designations under which business is done in this state, including legal names, fictitious names, trade names, trade marks, and service marks, and to all business forms, including corporations, partnerships, limited liability companies, and sole proprietorships.
(B) The prohibitions in section 1101.15 of the Revised Code apply to all names or designations that include "bank," "banker," "banking," "savings association," "savings and loan," "building and loan," "savings bank," or "trust" whether as standalone words, compound words, fanciful words, words with prefixes or suffixes, or words with extensions, such as ".com" or ".org."
(C)
(1) A
designation or name that includes "bank," "banker," "banking,"
"savings association," "savings and loan," "building
and loan," or "savings bank" is likely to mislead the public if, in the
opinion of the superintendent of financial institutions, the listener or reader
would reasonably understand the designation or name as the designation or name
of a bank, without regard to whether there is, has been, or may be a bank by
the designation or name being used.
(2) The superintendent may determine a name
that includes "bank," "banker,"
"banking," "savings
association," "savings and loan," "building and loan," or "savings bank"
is not likely to mislead the public, i.e., the listener or reader would not
reasonably understand the designation or name as the designation or name of a
bank, in any of the following circumstances:
(a) If, in the opinion of the superintendent,
the designation or name, on its face, clearly identifies the user as something
other than a bank;
(b) If, in the
opinion of the superintendent, the use of "bank," "banker,"
"banking,"
"savings association," "savings and loan," "building
and loan," or "savings bank" in the designation or name merely indicates
an association or affiliation with one or more banks or bankers, a geographic
reference, or the proper name of a natural person;
(c) If, in the opinion of the superintendent,
the designation or name, on its face, is one that is commonly understood not to
involve financial services or activities, such as "food bank," "blood bank," or
"eye bank";
(d) If, in the case of
a company that controls one or more banks, the designation or name, on its
face, includes the designation or name of a bank the company controls at the
time the company uses the designation or name that includes "bank," "banker,"
or "banking" and something more that distinguishes the designation or name of
the company from the designation or name of the bank.
(3) In determining whether a designation or
name that includes "bank," "banker," "banking," "savings association," "savings and loan," "building and
loan," or "savings bank" is not likely to mislead the public, it is not
relevant whether the user of the designation or name is operating for profit or
not.
(D)
(1) A designation or name that includes
"trust" is likely to mislead the public if, in the opinion of the
superintendent of financial institutions, the listener or reader would
reasonably understand the designation or name as the designation or name of
either a person engaged in trust business or a bona fide trust, without regard
to whether there is, has been, or may be a person engaged in trust business or
a bona fide trust by the designation or name being used.
(2) The superintendent may determine a name
that includes "trust" is not likely to mislead the public, i.e., the listener
or reader would not reasonably understand the designation or name as the
designation or name of a either a person engaged in trust business or a bona
fide trust, in any of the following circumstances:
(a) If, in the opinion of the superintendent,
the designation or name, on its face, clearly identifies the user as something
other than a person engaged in trust business or a bona fide trust;
(b) If, in the opinion of the superintendent,
the use of "trust" in the designation or name merely indicates an association
or affiliation with one or more persons engaged in trust business or bona fide
trusts, a geographic reference, or the proper name of a natural
person;
(c) If, in the case of a
company that controls one or more persons engaged in trust business or bona
fide trusts, the designation or name, on its face, includes the designation or
name of a person authorized to engage in trust business or a bona fide trust
the company controls at the time the company uses the designation or name that
includes "trust" and something more that distinguishes the designation or name
of the company from the designation or name of the person authorized engage in
trust business or bona fide trust;
(d) If, in the opinion of the superintendent,
use of "trust" in the designation or name, on its face, is one that is commonly
understood not to involve fiduciary activities, trust business, or bona fide
trusts.
(3) It may not be
likely to mislead the public for a bank, savings association, or savings bank
that engages in trust business through a subsidiary, rather than directly, to
use a designation or name that includes "trust," if the subsidiary is a person
authorized to engage in trust business.
(4) In determining whether a designation or
name that includes "trust" is not likely to mislead the public, it is not
relevant whether the user of the designation or name is operating for profit or
not.
(E) A determination by the superintendent under section 1101.15 of the Revised Code that a designation or name is not likely to mislead the public:
(1) Is merely a determination for the
purposes of section
1101.15
of the Revised Code, i.e., to protect the public from misunderstanding the
designation or name is that of a bank, someone engaged in trust business, or a
bona fide trust when it is not;
(2)
Is not a determination of any of the following:
(a) The designation or name is not misleading
for any other purpose;
(b) The
person using the name or designation is not misrepresenting itself as a bank,
person authorized to engage in trust business, or a trust;
(c) The person using the designation or name
is not subject to other licensing requirements before engaging in its business
in this state;
(3) Is
not an opinion on the availability of the name or designation, an authorization
to use the name or designation, or protection for the user against any lawful
claims of persons or entities having superior rights in the same or a similar
name or designation.
(F) A determination by the superintendent under section 1101.15 of the Revised Code that a designation or name is not likely to mislead the public does not extend to any other variation on the designation or name.
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