Oklahoma Administrative Code
Title 85 - State Banking Department
Chapter 10 - Supervision, Regulation, and Administration of Banks, Trust Companies, and the Oklahoma Banking Code
Subchapter 11 - Substantive Guidelines and Restrictions
Section 85:10-11-9 - Operating subsidiaries
Current through Vol. 42, No. 7, December 16, 2024
(a) A bank or trust company may purchase for its own account not less than 50% of the voting shares or interest in a corporation or other entity to perform functions that the bank is empowered to perform directly, subject to the prior written approval of the Commissioner and subject to the provisions of this section.
(b) The bank shall request in writing the approval of the Commissioner to own and operate such a subsidiary. The request shall include a brief description of the subsidiary and its operations. The bank shall attach to the request a copy of the proposed certificate of incorporation and bylaws of the subsidiary or other similar organizational documentation in the case of a non corporate entity.
(c) The request with attachments shall be accompanied by a fee in the amount set forth in rule 85:10-3-21. If the Commissioner approves the request and attached documents, the bank shall file the necessary organizational documents with the Oklahoma Secretary of State (if the subsidiary is an Oklahoma organization) and return one certified copy to the Department, and forward necessary copies to the Federal Deposit Insurance Corporation or the Federal Reserve System.
(d) Notwithstanding the restrictions of subsection (a) of this section, minority interests (less than 50%) in corporations, partnerships, limited liability entities, and other business ventures are permitted, if the Commissioner first determines that:
(e) Prior to disposition or dissolution of an operating subsidiary, the parent bank shall notify the Commissioner.
Amended at 10 Ok Reg 1969, eff 5-27-93; Amended at 14 Ok Reg 3559, eff 8-1-97 (emergency); Amended at 15 Ok Reg 2952, eff 7-15-98; Amended at 25 Ok Reg 1064, eff 5-25-08