(a) No person shall appear in opposition to the application unless the person shall have filed a written protest to the granting of the application within thirty (30) days of the date of the notice of the filing of the application. The protest must state the grounds for objection and must be accompanied by a filing fee of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000) for each protestant, such amount to be set by rule promulgated by the Bank Commissioner.
(b) Once the written report of investigation has been completed, the commissioner shall establish a time for hearing on the charter application.
(c) Notice of the time, place, and purpose of the hearing shall be given at least thirty (30) days before the hearing as follows:
(1) By letter from the commissioner to the organizers of the proposed state trust company and to each trust institution to which the organizers of the application are required to give written notice pursuant to § 23-51-107(a);
(2) By letter from the commissioner to each person who has notified the commissioner of an intention to oppose the application, provided that if a group of persons has protested the application, the notice may be given to one (1) member of the group; and
(3) By release to news media.
(d) If the commissioner sets a hearing, the commissioner shall conduct a public hearing and as many prehearing conferences and opportunities for discovery as the commissioner considers advisable and consistent with applicable law and rules.
(e) Based on the record of any hearing conducted pursuant to subsection (d) of this section, the commissioner shall determine whether all of the necessary conditions set forth in § 23-51-106(b) have been established and shall enter an order granting or denying the charter. The commissioner may make approval of any application conditional and shall include any conditions in the order granting the charter.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 2 - Financial Institutions And Securities
Chapter 51 - Arkansas Trust Institutions Act
§ 23-51-102. Certain definitions
§ 23-51-104. Organization and powers of state trust company
§ 23-51-105. Articles of association of state trust company
§ 23-51-106. Application for state trust company charter
§ 23-51-107. Notice and investigation of charter application
§ 23-51-108. Hearing and decision on charter application
§ 23-51-109. Issuance of charter
§ 23-51-111. Application of laws relating to general business corporations
§ 23-51-112. Commissioner hearings — Appeals
§ 23-51-113. Trust companies chartered under prior law
§ 23-51-114. Amendment of state trust company articles of association
§ 23-51-115. Establishing a series of shares
§ 23-51-116. Change in outstanding capital and surplus
§ 23-51-117. Capital notes or debentures
§ 23-51-118. Private trust company
§ 23-51-119. Requirements for a private trust company
§ 23-51-120. Conversion to public trust company
§ 23-51-121. Investment in state trust company facilities — Definition
§ 23-51-122. Other real estate
§ 23-51-124. Transactions in state trust company shares
§ 23-51-127. Engaging in commerce prohibited
§ 23-51-129. Lease financing transactions
§ 23-51-131. Common investment funds
§ 23-51-134. Acquisition of control
§ 23-51-135. Application regarding acquisition of control
§ 23-51-136. Hearing and decision on acquisition of control
§ 23-51-137. Appeal from adverse decision
§ 23-51-138. Objection to other transfer
§ 23-51-139. Civil enforcement — Criminal penalties
§ 23-51-140. Voting securities held by state trust company
§ 23-51-142. Board of directors
§ 23-51-144. Certain criminal offenses
§ 23-51-145. Transactions with management and affiliates
§ 23-51-146. Fiduciary responsibility
§ 23-51-148. Bonding requirements
§ 23-51-149. Reports of apparent crime
§ 23-51-151. Merger application
§ 23-51-152. Approval of commissioner
§ 23-51-153. Rights of dissenters to mergers
§ 23-51-154. Authority to purchase assets of another trust institution
§ 23-51-156. Required vote of shareholders
§ 23-51-157. Corporate procedure
§ 23-51-158. Authority to liquidate — Publication
§ 23-51-159. Examination and reports
§ 23-51-160. Unclaimed property
§ 23-51-161. Sale or transfer of property
§ 23-51-162. When commissioner may take charge
§ 23-51-163. Directors may act
§ 23-51-164. Application of Arkansas Banking Code of 1997
§ 23-51-165. Companies authorized to act as fiduciaries
§ 23-51-166. Activities not requiring a charter, etc
§ 23-51-167. Trust business of state trust institution
§ 23-51-168. Trust business of out-of-state trust institution
§ 23-51-169. Name of trust institution
§ 23-51-171. Branches and offices of state trust institutions
§ 23-51-172. State trust company principal office
§ 23-51-174. Out-of-state offices
§ 23-51-175. Trust business at a branch or trust office
§ 23-51-176. Establishing an interstate trust office
§ 23-51-177. Acquiring an interstate trust office
§ 23-51-178. Requirement of notice
§ 23-51-179. Conditions for approval
§ 23-51-180. Additional trust offices
§ 23-51-181. Examinations — Periodic reports — Cooperative agreements — Assessment of fees
§ 23-51-183. Notice of subsequent merger, closing, etc
§ 23-51-184. Commissioner shall supervise and examine authorized trust institutions
§ 23-51-185. Examinations — Assessments
§ 23-51-186. Statements of condition and income
§ 23-51-187. Confidential records
§ 23-51-188. Administrative orders — Penalties for violation
§ 23-51-189. Notice and opportunity for hearing
§ 23-51-190. Subpoena power and examination under oath
§ 23-51-191. Removal of directors, officers, and employees
§ 23-51-192. Delegation and fiduciary responsibility
§ 23-51-194. Fee determination
§ 23-51-195. Disclosure of potential conflicts of interest
§ 23-51-196. Interests in trust institutions prohibited
§ 23-51-197. Designation of trustee