South Dakota Codified Laws
Chapter 02 - Division Of Banking
Section 51A-2-14.1 - State chartered banks granted powers allowed federally chartered banks.

51A-2-14.1. State chartered banks granted powers allowed federally chartered banks.
Notwithstanding any restrictions, limitations, and requirements of law, in addition to all powers, expressed or implied, that a state bank has under the laws of this state, a state bank shall have the powers and authorities conferred as of January 1, 2008, upon federally chartered banks doing business in this state. A state bank may exercise the powers and authorities conferred on a federally chartered bank after this date only if the director finds that the exercise of such powers and authorities:
(1)Serves the convenience and advantage of depositors, borrowers, or the general public; and
(2)Maintains the fairness of competition and parity between state chartered and federally chartered banks.
If the director finds that the before-mentioned conditions have been met, the director shall make a declaratory ruling allowing state banks the same powers and authorities.
As used in this section, powers and authorities, include, without limitation, powers and authorities in corporate governance and operational matters.

Source: SL 1999, ch 233, §1; SL 2008, ch 252, §6.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 51A - Banks and Banking

Chapter 02 - Division Of Banking

Section 51A-2-1 - Establishment of Division of Banking.

Section 51A-2-2 - Department and commission as division within Department of Labor and Regulation--Direction and supervision by department--Independent functions retained by division.

Section 51A-2-3 - Director of division--Vacancy--Qualifications.

Section 51A-2-4 - Director of division--Appointment and removal.

Section 51A-2-5 - Deputy director--Appointment--Powers and duties.

Section 51A-2-6 - Staff employees--Compensation--Dismissal--Background investigation.

Section 51A-2-7 - Appointment of State Banking Commission--Director as executive officer--Qualifications of members.

Section 51A-2-8 - Terms of commission members--Vacancies--Removal for cause.

Section 51A-2-9 - Chairman and secretary of commission--Per diem and expenses of members.

Section 51A-2-10 - Meetings of commission.

Section 51A-2-11 - Quorum--Replacement of nonparticipating member.

Section 51A-2-12 - Clerical, technical, and legal assistance for commission.

Section 51A-2-13 - Rules promulgated by commission.

Section 51A-2-14 - Rules granting additional authority to banks to promote competitive equality.

Section 51A-2-14.1 - State chartered banks granted powers allowed federally chartered banks.

Section 51A-2-14.2 - Restrictions on federally chartered banks apply to state chartered banks.

Section 51A-2-15 - Considerations of commission in making rules and regulations.

Section 51A-2-16 - Applications to organize or change control of bank, to merge, to open or close branch banks, or to change location.

Section 51A-2-17 - Forms of advertising.

Section 51A-2-18 - Examination of banks by director--Substitution for examination requirements.

Section 51A-2-19 - Subpoena power--Witness fees and mileage.

Section 51A-2-20 - Examination by director upon application by board--Fees and expenses.

Section 51A-2-21 - Order to prohibit stockholders' action pending judicial determination.

Section 51A-2-22 - Removal of director, officer, or employee of bank--Grounds for order by director.

Section 51A-2-23 - Review of removal order by commission.

Section 51A-2-24 - Accounting practices--Valuation of assets--Required practices to protect loans.

Section 51A-2-25 - Temporary order of director against unsound practice.

Section 51A-2-26 - Permanent order of commission against unsound practice.

Section 51A-2-27 - Injunctive relief.

Section 51A-2-28 - Seal of director.

Section 51A-2-29 - Record of fees--Disposition of money collected.

Section 51A-2-30 - Banking special revenue fund created--Disbursements.

Section 51A-2-31 - Copies of official records and papers in office of division--Evidentiary value--Fee for certified copy.

Section 51A-2-32 - Oaths and bonds of commissioners, director, deputy director, examiners and special examiners, and other division personnel.

Section 51A-2-33 - Secrecy oath of commissioners, director and division officers and employees--Exceptions to secrecy requirements.

Section 51A-2-34 - Interest in bank by division officers or employees prohibited--Relinquishment of interest by director or deputy for term of office.

Section 51A-2-35 - Records of division open to public inspection--Exceptions--Court order.

Section 51A-2-36 - Examination and supervision fees.

Section 51A-2-37 - Examinations of parent corporations by director--Penalty for refusal to allow examination.