Effective: January 1, 2018
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) Except as provided in division (C) of this section, no bank shall pay to any person, other than reasonable compensation for services provided in the person's capacity as an employee, any management or consulting fee, including fees for legal, accounting, brokerage, or other similar professional services, not having a direct relationship to the value of actual services rendered, based on reasonable costs consistent with current market values for such services.
(B) The records of the bank shall contain adequate information to permit a determination as to what services are being provided and on what basis they are being priced. At a minimum the records shall disclose a thorough review by the board of directors demonstrating all of the following:
(1) That such fees are paid for specific services provided, as detailed in a fee analysis presented to the board;
(2) The basis for the cost for each function or service;
(3) A conclusion by the board of directors that the fees are reasonable.
(C) This section does not prevent a bank from paying any of the following:
(1) Dividends to shareholders that have been properly declared by the bank;
(2) Reasonable compensation to officers and employees of the bank for services rendered to the bank in their capacities as officers or employees of the bank;
(3) Fees to directors for their attendance at meetings of the board of directors, the executive committee, or other committees established by the board.
Structure Ohio Revised Code
Title 11 | Banks-Savings and Loan Associations
Chapter 1115 | Banks - Acquisitions and Reorganizations
Section 1115.01 | Converting State Stock Bank Into National.
Section 1115.02 | Conversion of National or Other Institution Into State Stock Bank.
Section 1115.03 | Conversion of Mutual State Banks and Stock State Banks.
Section 1115.05 | Acquisitions.
Section 1115.06 | Notifying Superintendent of Proposed Acquisition.
Section 1115.07 | Report of Outstanding Credit.
Section 1115.11 | State Bank Consolidations or Mergers.
Section 1115.111 | Management or Consulting Fees.
Section 1115.14 | Transferring Assets and Liabilities.
Section 1115.15 | Transferring Assets and Liabilities in an Emergency.
Section 1115.20 | Protecting Rights of Creditors.
Section 1115.23 | Interim Banks.