Oklahoma Statutes
Title 6. Banks and Trust Companies
§6-1606. Licenses - Permissible activities.

Licenses; permissible activities.

A. An international banking corporation licensed to operate an international bank agency, representative office, or administrative office may engage in the business authorized by the International Bank Act at the office specified in such license for such period as is provided in subsection B or subsection C of this section. No international bank agency, representative office, or administrative office may have more than one place of doing business; provided, nothing in this section or elsewhere in the Oklahoma Statutes shall be construed to prevent an international banking corporation from operating more than one international bank agency or representative office, each at a different place of business, provided each such agency or representative office is separately licensed. No license to operate an international bank agency, representative office, or administrative office is transferable or assignable. Every such license shall be, at all times, conspicuously displayed in the place of business specified therein.
B. Except as provided in subsection C of this section, a license to operate an international bank agency, representative office, or administrative office shall be valid for a period of one (1) year, unless such license is suspended or revoked. Such license may be renewed annually upon application to the Board, upon forms available for that purpose, within thirty (30) days prior to the expiration of the license. Such license may be renewed by the Board, in its discretion, upon its determination, with or without examination, that the international banking corporation is in a safe and sound condition and has complied with all requirements of law with respect to the international bank agency, representative office, or administrative office; that such renewal of the license will not be detrimental to the public interest; and that the renewal has been duly authorized by proper corporate action. Each application for renewal of an international bank agency license shall be accompanied by an annual renewal fee in an amount set by rule of the Board.
C. Notwithstanding the provisions of subsection B of this section, the Board may, in its discretion, issue a license for an indefinite period if it finds that the international banking corporation has satisfied the requirements for renewal of its license and has held a license for the previous three (3) years. A license issued for an indefinite period shall be valid without renewal unless suspended or revoked. An international banking corporation that is granted a license for an indefinite period shall file with the Board such annual financial statements as the Board may require and shall pay an annual fee equal in an amount to be set by rule of the Board. Such annual fee shall be paid in January of each year.
D. An international banking corporation which proposes to terminate the operations of its international bank agency, representative office, or administrative office shall comply with such procedures as the Board may prescribe by rule to ensure an orderly cessation of business in a manner which is not harmful to the public interest and shall surrender its license to the Board.
E. An international banking agency, representative office, or administrative office license may be suspended or revoked by the Board, with or without examination, upon a determination that the international banking corporation does not meet all requirements for original licensing or any of the criteria established by subsection B of this section for renewal of a license.
F. In the event any such license shall be suspended or revoked by the Board, or the renewal thereof shall be refused by the Board, all rights and privileges of the international banking corporation to transact the business thus licensed shall forthwith cease, and such license shall be surrendered to the Board within twenty-four (24) hours after the Board has mailed or personally delivered written notice of such decision. The notice may be personally delivered to any officer, director, employee, or agent of the corporation who is physically present in this state.
G. An international banking corporation licensed under the terms of the International Bank Act is authorized to transact only such limited business in this state as is clearly related to, and is usual in, international or foreign business and financing international commerce. No such international banking corporation may exercise fiduciary powers. An international banking corporation may furnish such investment advisory services as it may be authorized to render under rules adopted by the Board with respect to nonresident entities or persons whose principal places of business or domicile are outside the United States. No such international banking corporation may receive deposits in this state except:
1. Deposits from nonresident entities or persons whose principal places of business or domicile are outside the United States;
2. Interbank deposits, interbank borrowing, or similar obligations; and
3. International banking facility deposits as defined by rule of the Board.
An international banking corporation may maintain in this state, for the account of others, credit balances necessarily incidental to, or arising out of, the exercise of its lawful powers. Such credit balances may be disbursed by check or other draft; however, the Board shall by rule provide appropriate limitations upon such disbursement to ensure that credit balances are not functionally equivalent to demand deposits.
H. Notwithstanding any provision of the International Bank Act or the Oklahoma Banking Code to the contrary, an international banking corporation licensed under the International Bank Act as an international bank agency may, if authorized by rules of the Board, make any loan or investment or exercise any power which it could make or exercise if it were operating in this state as a federal agency under the federal International Banking Act of 1978. The Board shall, when promulgating such rules, consider the public interest and convenience and the need to maintain a sound and competitive state banking system. Unless otherwise provided by statute, an international bank agency may not exercise any powers that a federal agency is not authorized to exercise.
I. Notwithstanding the provisions of subsections G and H of this section, any banking corporation organized and existing under the laws of any other state and licensed pursuant to the provisions of this chapter shall engage only in those activities permissible for an Edge Act corporation organized under Section 25(a) of the Federal Reserve Act, as amended, 12 U.S.C., Sections 611 through 632.
J. It is the intent of the International Bank Act that an international bank agency may not be a "state branch" or a "federal branch", as those terms are defined in the federal International Banking Act of 1978, and neither a foreign bank as defined in such federal act nor an international banking corporation may establish or operate any such branch in this state.
Added by Laws 1992, c. 295, § 16, eff. July 1, 1992.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 6. Banks and Trust Companies

§6-101. Short title.

§6-102. Definitions.

§6-104. Effect on existing banks and trust companies - Registration of bank or trust-related activities.

§6-201. Establishment - Officers and employees.

§6-201.1. Compensation of Commissioner.

§6-202. Board membership and meetings.

§6-203. Powers of Board.

§6-204. Powers of Commissioner – Review of orders.

§6-205. Access of Commissioner and Board to records of Department.

§6-206. Power to subpoena witnesses - Declaratory order - Good faith as a defense.

§6-207. Judicial review of orders of the Board or Commissioner.

§6-208. Records of Department - Public inspection – Confidentiality – Electronic storage.

§6-208.1. Availability of personnel data – Confidentiality - Definitions.

§6-209. Bank and trust companies - Examinations and reports.

§6-210. Removal of officer, director or employee of bank or trust company by Commissioner.

§6-211. Fees and assessments.

§6-211.1. Revolving fund - Creation.

§6-212. Commissioner's annual report.

§6-213. Interests of department officers or employees in banks or trust companies.

§6-214. Bank and trust company records - Preservation - Reproduction.

§6-215. Limitation of liability.

§6-216. Standards in regulations, orders and rules.

§6-218. Transfer of stock or controlling interest - Notice to and approval by Commissioner.

§6-219. Changes in chief executive officer and directors.

§6-220. Impairment of capital - Assessments - Limitations.

§6-301. Certificate of authority.

§6-303. Incorporators - Fee.

§6-303.1. Capital structure - Preferred stock.

§6-304. Expenses of organization.

§6-305. Application for authority to engage in banking or trust company business - Contents - Oath - Proposed certificate of incorporation.

§6-306.1. Commissioner – Certificate of authority – Recommendation of action.

§6-306.2. Acceptance of application for filing - Notice.

§6-307.1. Objectives of Commissioner and Banking Board - Comments or objections.

§6-308. Hearing before Commissioner.

§6-309. Public charter application file - Contents - Availability - Findings and conclusions - Objections.

§6-310. Board hearing on application - Condition - Approval - Notice.

§6-311. Appeal of Board's decision.

§6-311.1. Existing certificate of incorporation for which no certificate of authority is outstanding.

§6-312. Issuance of certificate of incorporation - Shareholders meeting – Filing of verified application for certificate - Contents.

§6-313. Return of defective application or documents - Approval or denial of application - Issuance of certificate of authority - Revocation of powers and cancellation of certificate of incorporation.

§6-401. Organization of new bank or trust company.

§6-402. Powers of banks and trust companies.

§6-402.1. Chartering of banker's bank.

§6-403.1. Membership in Federal Reserve System.

§6-404. Federal Deposit Insurance Corporation Act - Acts permitted for compliance therewith.

§6-405. Increase or decrease of capital stock - Procedure - Reduction of capital stock - Surrender of certificate.

§6-405.1. Authorized but unissued stock.

§6-405.2. Employee stock option and stock purchase plans.

§6-406. Amendments - Change of name - Change in location - Change in number and par value of shares - Bank's abandonment of trust powers - Right of dissent.

§6-407. Amendment - Trust powers.

§6-408. Amendment of existing articles of incorporation with certificate of incorporation.

§6-409. Dividends.

§6-410. Capital debentures - Rediscounting notes to Federal Reserve.

§6-411. Pledge of assets - Banks.

§6-412. Signature guaranty.

§6-414. Acquisition of real estate - Term held - Equipment, furniture and fixtures - Leases of real estate and equipment - Investment and loans to corporations holding premises - Conveyance of real estate.

§6-415. Drive-in or walk-up facilities.

§6-416. Bank service corporations.

§6-421. Military banking facilities.

§6-422. Consumer banking electronic facilities.

§6-423. Operations centers.

§6-424. Origination of loans at locations other than main office or branch office – Out-of-state banks – Loan and deposit production offices.

§6-425. Fiduciary relationships.

§6-426. Agency relationships between subsidiary banks.

§6-427. Bank or trust institution serving as trustee of certain bond issues - Representative trust office.

§6-501.1. Interstate mergers and acquisitions – De novo branches – Interstate reciprocity – Establishment and acquisition of branch banks.

§6-501.2. Certificate to establish and operate a branch or relocate a branch – Application – Existing branches and detached facilities – Temporary branches – Deposit limitations – Construction with Title 6, Sections 421 and 422.

§6-502. Bank holding companies.

§6-502.1. Interim state banks - Application - Prefiling meeting - Acceptance of application - Merger or consolidation.

§6-503. Trust companies - Branch offices.

§6-506. Out-of-state bank holding companies - Acquisitions.

§6-510. Short title.

§6-511. Industrial loan company - Industrial bank - Definition.

§6-512. Out-of-state companies or banks - Reciprocity requirement - Certificate for establishment or relocation of branch.

§6-513. Severability.

§6-601. Business days and hours.

§6-602.1. Detached facilities, branch offices, deposit production offices and loan production offices - Business days and hours.

§6-603. Emergency closing.

§6-702. Liability of fiduciaries owning stock.

§6-703. Liability of preferred shareholders.

§6-705. Transfer of shares - Law governing.

§6-706. Stock as personalty - Transfer on books - Shareholders indebted to bank or trust company - Lending on stock prohibited - Purchase of treasury stock.

§6-707. Issuance of preferred stock - Classes - Procedure - Reduction of common stock and issuance of preferred stock - One meeting - Preferred stock as capital.

§6-708. Common stock dividend on retirement of preferred stock.

§6-709. Rights of preferred shareholders - Dividends - Voting and conversion rights.

§6-710. Stockholders' meetings - Cumulative voting - Proxies - Voting trusts - Preemptive rights - Examination of stockbook.

§6-711. Directors and officers - Banks and trust companies.

§6-711.1. Transferred employees - Purchase of former residence by bank.

§6-712. Liability of directors, officers, and other persons - Overdrafts.

§6-712.1. Indemnification for defending suits - Directors' personal liability eliminated or limited.

§6-713. Fidelity bonds and other insurance.

§6-714. Directors - Meetings and duties.

§6-715. Applicability of Oklahoma General Corporation Act.

§6-801. Reserves.

§6-802. Limitations on maximum indebtedness to bank - Exceptions.

§6-803. Real estate loans.

§6-805. Prohibition on bank employing funds in trade or commerce - Sale of personal property - Leasing of personal property - Acquisition of leased personal property.

§6-806. Investments - Underwriting - Limitations.

§6-807. Sale and purchase of loans.

§6-808. Banks prohibited from making political contributions - Penalties.

§6-809. Prohibited acts - Penalties - Injunctions.

§6-901. Deposits in name of two or more persons – "Payable on Death" deposit accounts - Forms of deposit accounts included.

§6-902. Trustee deposit accounts.

§6-903.1. Deposit accounts for minors.

§6-904. Stockholder, director, officer or employee of bank as notary public - Administration of oaths - Protests - Notary fee.

§6-905. Adverse claims to deposits - Restraining order or injunction - Indemnity bond.

§6-906. Transfer to known heirs of deceased without designated beneficiary — Affidavit — Release and discharge — False affidavit.

§6-907. Husband and wife deposit for business purpose - Sole proprietorship account.

§6-908. Banks and credit unions authorized to offer savings promotion raffles.

§6-909. Powers of authorized signer.

§6-1001. Powers of trust companies.

§6-1001.1. Temporary borrowing powers of trust companies.

§6-1002. Restrictions on acting in certain fiduciary capacities - Reciprocity.

§6-1003. Advertising performance of legal services prohibited.

§6-1004. Deposits of securities with Commissioner.

§6-1005. Banks having trust powers and trust companies not required to give security as trustee, etc.

§6-1006. Separation of books and accounts - Labeling securities - Prohibited operations of banks and trust companies having trust powers.

§6-1007. Lien and claim upon bank failure.

§6-1008. Investments - Acceptance as securities by public officials of this state.

§6-1009. Official's oath or affidavit.

§6-1010. Common trust funds.

§6-1011. Loans of trust funds to officers and employees prohibited.

§6-1012. Banks having trust powers and trust companies subject to examination and supervision of Commissioner.

§6-1013. Disclosure of communications and writings prohibited - Exceptions.

§6-1014. Closing of trust unduly delayed.

§6-1015. Banks authorized to engage in trust business - Powers - Restrictions.

§6-1016. Service charges not part of interest on loans.

§6-1017. Voluntary relinquishment of trust powers.

§6-1018. Voluntary or involuntary liquidation or receivership.

§6-1019. Merger, consolidation and sale of assets.

§6-1020. Existing trust powers of religious, charitable, etc. corporations not denied.

§6-1021. Liquidation, dissolution and reorganization of trust companies.

§6-1022. Banks, trust companies and national banking associations - Registration in name of nominee securities held in fiduciary capacity.

§6-1023. Deposit of securities in clearing corporation or Federal Reserve Bank.

§6-1024. Acquisition of control of trust company - Notice - Approval - Review - Penalties.

§6-1101. Merger or conversion.

§6-1102. Approval of merger by directors and merger agreement.

§6-1103. Approval by Board.

§6-1104. Stockholder approval - Notice requirements - Rights of dissenters - Appraisal expense - Valuation and payment of dissenting shares.

§6-1105. Effective date of merger, filing of approved agreement, certificate of merger as evidence.

§6-1106. Continuation of corporate entity.

§6-1107. Conversion from state bank to national and of national to state bank, and trust powers.

§6-1108. Nonconforming assets of business.

§6-1109. Sale or purchase of all assets of bank, trust company or savings association or of department or branch thereof.

§6-1109.1. Sale of assets other than in the ordinary course of business.

§6-1110. Book value of assets.

§6-1111. Merger with parent bank holding company, nonbank subsidiary of parent bank holding company or subsidiary.

§6-1201. Voluntary liquidation and dissolution.

§6-1202. Involuntary liquidation by Commissioner - Reorganization.

§6-1203. Reorganization.

§6-1204. Liquidation by Commissioner - Procedure.

§6-1205. Federal Deposit Insurance Corporation as liquidator.

§6-1206. Conservator.

§6-1207. Transfer or conveyance of title to mineral interests or leases.

§6-1301. Definitions.

§6-1301.1. Appointment of deputy.

§6-1301.2. Authorization for access to safe deposit box upon death of lessee.

§6-1302. Authority to lease safe deposit boxes.

§6-1303. Access by fiduciaries.

§6-1304. Effect of lessee's death or incompetence.

§6-1305. Lease to minor.

§6-1306. Lease to corporation, general or limited partnership, or limited liability company.

§6-1307. Assumed names.

§6-1308. Search procedure on death - Removal of certain contents.

§6-1309. Adverse claims to contents of safe deposit box.

§6-1310. Lien of lessor, special remedies and proceedings for nonpayment of rent.

§6-1311. Limitation of liability - Requirements or policies.

§6-1312. Garnishment - Proceedings in aid of execution.

§6-1313. Estate taxes or rights of state or tax commission not affected.

§6-1401. Transaction of banking business not authorized by law - Unauthorized use of words bank, trust, etc. - Injunction and appointment of receiver - Acceptance of filings by Secretary of State.

§6-1403. Unlawful use of words "safe deposit".

§6-1405. Unlawful gratuity or compensation - Transactions of persons connected with bank.

§6-1406. Receipt of deposit after notification of insolvency.

§6-1407. Unlawful service as officer or director.

§6-1408. Unlawful service as Commissioner, Deputy Commissioner, Administrative Assistant, Assistant Commissioner.

§6-1409. Unlawful concealment of transactions.

§6-1410. Improper maintenance of accounts - False or deceptive entries and statements.

§6-1411. Unlawful payment of penalties and judgments against others, including directors and officers.

§6-1412. Embezzlement or misapplication of funds.

§6-1413. Libel and slander.

§6-1414. Criminal sanctions, violations of rules and orders - Nonapplicability where criminal sanctions imposed in other sections of Code.

§6-1415. Injunction.

§6-1416. Prohibitions relating to control of banks - Remedies.

§6-1417. Advertisement of confusingly similar names or shortened names - Use of former name of acquired institution or office - Commissioner's remedies - Injunctions - Nonconforming previous use or advertisement.

§6-1418. Use of lender’s name, trade name or trademark – Use of loan number, loan amount or other information – Reference to lender – Injunction – Exemptions.

§6-1511. Short title.

§6-1512. Definitions

§6-1513. Registration application - License - List of persons given money transmitter equipment - Fees - Violation and punishment

§6-1514. Information-sharing agreements - Records.

§6-1515. Rules - Interpretive statements and opinions.

§6-1600. International Bank Act - Short title.

§6-1601. Definitions.

§6-1602. Applicability of state banking laws.

§6-1603. Applicability of Oklahoma General Corporation Act.

§6-1604. Requirements for carrying on banking business.

§6-1605. Application for license - Approval or disapproval.

§6-1606. Licenses - Permissible activities.

§6-1607. International administrative offices.

§6-1608. Asset maintenance or capital equivalency.

§6-1609. Certification of capital accounts.

§6-1610. Lending limits.

§6-1611. Reports and records.

§6-1612. Conversion from a federal agency to a state chartered agency and the reverse.

§6-1613. Dissolution.

§6-1614. Representative offices - Limitations - Licenses - Fees.

§6-1615. Rules - Exemption from economic impact statement requirements.

§6-1616. Foreign travel expenses.

§6-1621. Task Force for the Study of State Banking Services.

§6-1701. Short title - Intent.

§6-1702. Definitions.

§6-1703. Rules.

§6-1704. Severability.

§6-1705. Companies authorized to act as fiduciary.

§6-1706. Certain activities not requiring charter.

§6-1707. State trust institutions - Business locations.

§6-1708. Out-of-state trust institutions - Business locations.

§6-1709. Registration of name.

§6-1710. Authority to operate trust business.

§6-1711. Engaging in trust business at branch locations permitted - Certain business at representative trust offices prohibited - Limitations on business at out-of-state offices.

§6-1712. Principal office.

§6-1713. Establishment of additional offices in this state.

§6-1714. Establishment of additional offices outside of this state.

§6-1715. Out-of-state trust institutions permitted to engage in trust business.

§6-1716. Establishment of new trust offices by out-of-state institutions permitted.

§6-1717. Acquisition of trust offices by out-of-state trust institutions permitted.

§6-1718. Notice of intent to establish or acquire trust office by out-of-state trust institution.

§6-1719. Approval of establishment or acquisition of office by out-of-state institution.

§6-1720. Establishment of additional offices by out-of-state institutions.

§6-1721. Out-of-state institutions prohibited from acting as fiduciaries - Engaging in trust business at representative trust office permitted.

§6-1722. Establishment or acquisition of representative trust offices.

§6-1723. Examination of out-of-state trust institutions.

§6-1724. Enforcement actions.

§6-1725. Notice of change of control, substantial transfer of trust assets or closure.

§6-1730. Short title - Purpose.

§6-1731. Definitions.

§6-1732. Designation of trust institution as fiduciary.

§6-1733. Written agreements or instruments - Designation of law governing.

§6-1734. Fiduciary investment standards - Designation of law governing.

§6-1735. Delegation of fiduciary functions.

§6-1736. Hiring and compensation of affiliates.

§6-1737. Compensation arrangements between clients and fiduciaries.

§6-1738. Disclosure of conflicts of interest.

§6-1739. Acquisition of state trust company or trust institution.

§6-1740. Application of act - Exemptions.

§6-1741. Application for exemption - Maintenance of exempt status - Change of control - Revocation of exempt status - Enforcement proceedings.

§6-1755. Conversion to public trust company.

§6-2001. Definitions.

§6-2001.1. Oklahoma State Credit Union Board - Creation.

§6-2001.2. Powers of Board - Administrator - Powers and duties - Failure to comply with Commissioner's orders or requirements.

§6-2001.3. Meetings of Board - Quorum.

§6-2001.4. Civil liability of State Credit Union Board members.

§6-2002. Necessity of certificate - Application for certificate - Organization certificate and bylaws.

§6-2003. Investigation and report by Bank Commissioner - Certificate of approval - Certificate of incorporation.

§6-2004.1. Out-of-state credit union - Requirements to conduct business in state - Revocation of approval - Cancellation of certificate.

§6-2005. Unlawful transaction of business - Enforcement by Attorney General - Injunction and receiver.

§6-2006. Succession - Powers.

§6-2007. Membership - Central credit unions.

§6-2008. Examinations - Reports - Access to information - Alternative examination or report - Failure to make and transmit or publish report - Certificate and bylaw forms - Annual financial report.

§6-2009. Fiscal year - Meetings - Voting.

§6-2010. Board of directors - Credit committee or credit manager - Supervisory committee - Officers.

§6-2012. Expulsions and withdrawals.

§6-2013. Dividends.

§6-2014. Shares and deposits in name of minors - Shares not subject to stock transfer tax.

§6-2015. Partial invalidity - Right of alteration, amendment or repeal.

§6-2016. Credit unions composed of public employees, retirees and family members - Space in public buildings.

§6-2017. Fiscal agency for state.

§6-2018. Voluntary dissolution.

§6-2018.1. Suspension of operation of credit union - Revocation of certificate - Liquidation - Disposition of assets.

§6-2018.2. Appointment of conservator and agents - Judicial relief - Term of conservatorship - Expenses - Commissioner's authority.

§6-2019.1. Maintenance of books, records, accounting systems and procedures - Destruction of records - Records as evidence.

§6-2020. Special Reserve for Dormant Accounts.

§6-2021. Conversion of credit unions.

§6-2022. Merger of credit unions.

§6-2023. Exercising power of federally chartered credit union - Exceptions.

§6-2024. Joint tenancy shares and deposits.

§6-2025. Share or deposit account payable on death – Application.

§6-2026. Trust shares.

§6-2027. Certain records designated as public records - Confidential records - Disclosure of confidential information.

§6-2041. Power to make and purchase obligations representing insured loans and credit advances.

§6-2042. Investments by fiduciaries, political subdivisions, corporations, etc. - Investment of public funds.

§6-2043. Inconsistent laws inapplicable to loans or investments authorized.

§6-2101. Citation.

§6-2102. Definitions.

§6-2103. Licenses - Requirement - Exceptions - Penalty.

§6-2104. Exempt transactions

§6-2105. Application for license.

§6-2106. Investigation of applicants.

§6-2107. Annual license fees - Renewals - Display of license certificate - Exception.

§6-2108. Surety bond or irrevocable letter of credit.

§6-2109. Additional bond - Deposit of securities in lieu of bond.

§6-2110. Minimum net worth.

§6-2111. Semi-annual reports.

§6-2112. Books, accounts and records - Current financial statements.

§6-2113. Examination of books and records - Audits.

§6-2114. Investigation upon noncompliance with act.

§6-2115. Conduct of business - Location - Agents - Conditions.

§6-2116. Revocation of license - Hearing - Grounds.

§6-2117. Power of subpoena - Designation of hearing officer.

§6-2118. Judicial review.

§6-2119. Giving of notice.

§6-2120. Rules and regulations.

§6-2121. Penalties.

§6-2123. Proceeds of sales of checks by agents - Exemption from attachment, levy of execution, or sequestration - Assignment to Commissioner.

§6-2124. Acts required of licensees - Deadline - Exception.

§6-2201. Short title.

§6-2202. Definitions.

§6-2203. Financial institutions prohibited from disclosing financial records unless.

§6-2204. Subpoena of financial records.

§6-2205. Disclosures or releases authorized.

§6-2206. Costs of assembling, reproducing or providing financial records.

§6-2207. Search warrants.

§6-2208. Certification of compliance by government authorities - Immunity from liability for good faith reliance upon certificate.

§6-3001. Records - Electronic or microphotographic reproduction - Evidence.

§6-3002. Compliance review documents - Confidentiality - Discovery or admissibility.

§6-3003. Negotiation services - Interest income as valuable consideration.

§6-3010. Definition - Form - Fees - Rules.