Montana Code Annotated
Part 4. Operation and Regulation
32-1-422. Restriction on investment in corporate stock -- rulemaking authority

32-1-422. Restriction on investment in corporate stock -- rulemaking authority. (1) Except as provided in subsections (2) and (3), a commercial or savings bank may not purchase or invest its capital or surplus or money of its depositors, or any part of its capital or surplus or money of its depositors, in the capital stock of any corporation unless the purchase or acquisition of capital stock is necessary to prevent loss to the bank on a debt previously contracted in good faith. Any capital stock purchased or acquired to prevent the loss must be sold by the bank within 6 months after purchase or acquisition if the capital stock can be sold for the amount of the claim of the bank against it. All capital stock purchased or acquired must be sold for the best price obtainable by the bank within 1 year after purchase or acquisition; however, if the stock is unmarketable, the stock must be charged off as an investment loss, which is equivalent to the stock's sale. A person or corporation violating any provision of this section shall forfeit to the state twice the nominal amount of the stock.
(2) A bank may acquire and hold for the bank's own account:
(a) up to 20% of the bank's capital and surplus in the capital stock of a bank service corporation organized solely for the purpose of providing services to banks;
(b) up to 20% of the bank's capital and surplus in the capital stock of a bankers' bank;
(c) shares of stock of a federal reserve bank and a federal home loan bank, without limitation of amount; and
(d) shares of stock or financial interests in an affiliate or a subsidiary, the business activities of which are limited to those allowed by law for a bank.
(3) A bank may invest any amount up to the limit established by the department of the bank's unimpaired capital and surplus in shares of stock of:
(a) the federal national mortgage association;
(b) the federal home loan mortgage corporation;
(c) the federal agricultural mortgage corporation; and
(d) other corporations created pursuant to acts of congress to meet the agricultural, housing, health, transit, educational, environmental, or similar needs of the nation when the department determines that the investment is in the public interest.
(4) A bank may, upon written application and approval of the department, make an investment in an amount permitted by the department by rule so long as the investment serves primarily to promote the public welfare, including the welfare of low- and moderate-income families and communities in need of jobs, housing, and public services. A bank may also, with the department's approval, purchase interests in an entity that makes investments for similar public welfare purposes.
(5) The department shall adopt rules to implement this section. The rules pertaining to the investments allowed in subsection (4) may be substantially equivalent to or more stringent than the eleventh power provided for in 12 U.S.C. 24 and the policy guidelines on community development issued by the office of the comptroller of the currency.
History: En. Sec. 39, Ch. 89, L. 1927; re-en. Sec. 6014.43, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1973; R.C.M. 1947, 5-518; amd. Sec. 1, Ch. 259, L. 1983; amd. Sec. 3, Ch. 199, L. 1989; (4) En. Sec. 6, Ch. 199, L. 1989; amd. Sec. 26, Ch. 395, L. 1993; amd. Sec. 4, Ch. 100, L. 1999; amd. Sec. 1, Ch. 410, L. 1999; amd. Sec. 7, Ch. 36, L. 2001; amd. Sec. 1, Ch. 33, L. 2007; amd. Sec. 6, Ch. 9, L. 2011; amd. Sec. 22, Ch. 75, L. 2019; amd. Sec. 230, Ch. 271, L. 2019.

Structure Montana Code Annotated

Montana Code Annotated

Title 32. Financial Institutions

Chapter 1. Banks and Trust Companies

Part 4. Operation and Regulation

32-1-401. Bank advertising before issuance of charter

32-1-402. When advertising as bank prohibited -- trade names restricted

32-1-403. Penalty for transacting business without certificate

32-1-404. through 32-1-410 reserved

32-1-411. Extent assets may be pledged

32-1-412. Limits on excessive borrowing

32-1-413. Borrowing money for capital purposes -- status of capital

32-1-414. No certificate of deposit to issue for borrowed money

32-1-415. through 32-1-419 reserved

32-1-420. Investment by trust fiduciary in management investment company or investment trust

32-1-421. Investment of capital of savings banks

32-1-422. Restriction on investment in corporate stock -- rulemaking authority

32-1-423. Real estate that banks may purchase, hold, or convey

32-1-424. Investments of financial institutions

32-1-425. Definitions

32-1-426. Deposit of securities in central depository

32-1-427. Fiduciaries -- deposit of securities with a federal reserve bank

32-1-428. reserved

32-1-429. Insurance activities -- exemption -- rulemaking

32-1-430. Authority of state banks to make real estate loans -- borrower insurance requirements

32-1-431. Repealed

32-1-432. Limitations on loans -- rulemaking

32-1-433. Investment in certain securities -- rulemaking authority

32-1-434. Financial institutions authorized to obtain insurance and make loans when approved by federal housing administrator

32-1-435. Federal housing securities eligible collateral

32-1-436. Repealed

32-1-437. Acceptance and issuance of drafts -- rulemaking authority

32-1-438. and 32-1-439 reserved

32-1-440. Financial institution's responsibility to provide notice when funds become available for withdrawal

32-1-441. Certified checks

32-1-442. Repealed

32-1-443. Repealed

32-1-444. Deposit in name of minor

32-1-445. Demand or time deposits

32-1-446. Safe deposit department

32-1-447. Giving security for deposit prohibited -- exceptions

32-1-448. Payments to foreign administrator

32-1-449. and 32-1-450 reserved

32-1-451. Statement of capital, resources, and liabilities

32-1-452. Dividends, surplus, losses, and bad debts

32-1-453. Calculation of profits

32-1-454. Past-due and doubtful paper

32-1-455. Reserve requirements

32-1-456. through 32-1-460 reserved

32-1-461. Bonding of employees

32-1-462. Persons previously convicted under banking laws -- bank employment

32-1-463. Sale of securities by officer to bank

32-1-464. Fraud by director, officer, agent, or employee

32-1-465. Limit on loans to officer, director, or principal shareholder

32-1-466. Purchase of obligation of bank by officer

32-1-467. Loans to managing officer

32-1-468. Removal of directors, officers, or employees -- hearing

32-1-469. and 32-1-470 reserved

32-1-471. Penalty for unlawful hypothecation of property received

32-1-472. Concealing actions from directors

32-1-473. Theft of funds by directors, officers, or employees

32-1-474. False statement to obtain loan

32-1-475. through 32-1-480 reserved

32-1-481. Bank holidays

32-1-482. Transaction on holidays

32-1-483. Closing on Saturdays authorized -- Saturday treated as holiday

32-1-484. Banking hours and business days

32-1-485. Interest payable at bank on Saturday -- how paid

32-1-486. through 32-1-490 reserved

32-1-491. Destruction of records

32-1-492. Definitions -- reproduction of bank records -- admissibility in evidence -- cost recovery

32-1-493. Admissibility of copies in evidence -- exception when original available

32-1-494. Destruction or reproduction "in regular course of business" defined

32-1-495. Application