Subdivision 1. Issuance and conditions. An application for a bank charter must be granted if (1) the applicants are of good moral character and financial integrity, (2) there is a reasonable public demand for this bank in this location, (3) the probable volume of business in this location is sufficient to insure and maintain the solvency of the new bank and the solvency of the then existing bank or banks in the locality without endangering the safety of any bank in the locality as a place of deposit of public and private money, (4) the commissioner of commerce is satisfied that the proposed bank will be properly and safely managed, and (5) the commissioner is satisfied that the capital funds required pursuant to section 48.02 are available and the commissioner may accept any reasonable demonstration including subscription agreements supported by current financial statements. If the application does not satisfy the requirements of this subdivision, it must be denied. In case of the denial of the application, the commissioner of commerce shall specify the grounds for the denial. A person aggrieved may obtain judicial review of the determination in accordance with chapter 14.
Subd. 2. Expiration and extension of order. If a bank charter is not activated within 18 months from the date of the order, the approval order automatically expires. Upon request of the applicant prior to the automatic expiration date of the order, the commissioner may grant reasonable extensions of time to the applicant to activate the facility as the commissioner deems necessary. The extensions of time shall not exceed a total of an additional 12 months. If the commissioner's order is the subject of an appeal in accordance with chapter 14, the time period referred to in this section for activation of the bank charter and any extensions shall begin when all appeals or rights of appeal from the commissioner's order have concluded or expired.
Subd. 3. Special purpose banks, exceptions. For purposes of applications to organize and operate special purpose banks as defined in section 46.046, subdivision 5, the conditions in subdivision 1, clauses (2) and (4), do not apply.
(3999) 1919 c 86 s 3; 1983 c 247 s 23; 1983 c 289 s 19,114 subd 2; 1986 c 339 s 1; 1Sp1986 c 3 art 2 s 23; 1992 c 587 art 1 s 2; 1993 c 257 s 2; 1996 c 414 art 1 s 4; 1997 c 157 s 2; 2008 c 277 art 1 s 3
Structure Minnesota Statutes
Chapter 46 — General Banking Powers
Section 46.04 — Regulatory Authority Of Commissioner.
Section 46.041 — Bank Applications.
Section 46.042 — Notice And Hearing, When Not Given.
Section 46.044 — Bank Charters.
Section 46.045 — Mandatory Insurance Of Accounts.
Section 46.048 — Notice Of Proposed Acquisition.
Section 46.05 — Supervision Over Financial Institutions.
Section 46.06 — Refusal To Obey Directions Of Commissioner.
Section 46.10 — Penalty For Violation.
Section 46.11 — Examiners' Districts.
Section 46.12 — Reports Of Examiners.
Section 46.131 — Assessments And Fees For Financial Institutions.
Section 46.14 — Examiners' Powers Enlarged.
Section 46.17 — Salary Of Examiner In Charge Of Liquidation.
Section 46.21 — Destruction Of Certain Records.
Section 46.23 — Unsafe Practices; Definitions.
Section 46.24 — Cease And Desist Proceedings; Injunctive Relief.
Section 46.26 — Violations By Directors, Trustees, Or Officers.
Section 46.29 — Board Of Directors Or Trustees, Lack Of Quorum, Temporary Directors Or Trustees.
Section 46.30 — Hearings, Decision; Review, Modification, Termination Or Stay Of Orders.
Section 46.31 — Enforcement Of Notices Or Orders.
Section 46.32 — Violation Of Notice Or Final Order; Criminal Penalty.
Section 46.33 — Manner Of Service; Copies To Federal Authorities; Cease And Desist Orders.
Section 46.34 — Certain Securities Deposited With The Commissioner Of Management And Budget.