(a) A state trust company may not reduce or increase its outstanding capital through dividend, redemption, issuance of shares or otherwise, without the prior approval of the Bank Commissioner, except as permitted by this section or rules adopted under this chapter.
(b) Unless otherwise restricted by rules, prior approval is not required for an increase in capital accomplished through:
(1) Issuance of shares of common stock for cash;
(2) Declaration and payment of pro rata share dividends as defined in the Arkansas Business Corporation Act, § 4-27-101 et seq.; or
(3) Adoption by the board of a resolution directing that all or part of undivided profits be transferred to capital.
(c) Prior approval is not required for a decrease in surplus caused by incurred losses in excess of undivided profits.
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