51A-3-27. Purchase or purchase money loans on security of own stock prohibited--Exception.
No bank may make any purchase money loans or discounts on the security of the shares of its own capital stock, or on the shares of its parent holding company, nor be the purchaser or holder of any such shares unless such security or purchase is necessary to prevent loss upon a debt previously contracted in good faith. Stock so purchased or acquired shall, within six months of the time of its purchase, be sold or disposed of at public or private sale, and if not disposed of within that time, may no longer be included in the assets of such bank. However, a bank may purchase for fair value fractional shares of a bank's common stock from the holders thereof pursuant to the provisions set forth in Title 47 for the purpose of canceling the fractional shares if the bank meets all capital requirements after cancellation of the fractional shares.
Source: SDC 1939, §6.0430; SL 1964, ch 12; SDCL, §51-11-16; SL 1969, ch 11, §4.15; SDCL, §51-18-16; SL 1988, ch 377, §92; SDCL, §51-17-24.1; SL 1997, ch 270, §1.
Structure South Dakota Codified Laws
Chapter 03 - Organization, Applications, And Capital Structure Of Banking Corporations
Section 51A-3-1 - Corporation laws applicable to banks.
Section 51A-3-1.1 - Bank organized as limited liability company--Rules.
Section 51A-3-3 - Incorporators of bank.
Section 51A-3-4 - Minimum capital.
Section 51A-3-6 - Transfers to surplus.
Section 51A-3-7 - Applications--Fee.
Section 51A-3-8 - Acceptance of application for charter.
Section 51A-3-9 - Conditions to be considered in ruling on application.
Section 51A-3-10 - Hearing on application.
Section 51A-3-12 - Endorsement and filing of approved articles--Notice of disapproval.
Section 51A-3-13 - Subscription of shares--Minimum collection--Refund on disapproval of application.
Section 51A-3-17.1 - Dividends--Definition.
Section 51A-3-18 - Dividends--Restrictions and requirements for declaration.
Section 51A-3-19 - Approval of director required for unusually large dividends.
Section 51A-3-20 - Recovery of dividends paid when capital impaired.
Section 51A-3-21 - Net profits defined.
Section 51A-3-23 - Extension of charter.
Section 51A-3-24 - Reporting transfers of stock.
Section 51A-3-25 - Change in control of bank.
Section 51A-3-26 - Lien on shares--Enforcement--Marking of certificates.
Section 51A-3-27 - Purchase or purchase money loans on security of own stock prohibited--Exception.
Section 51A-3-28 - Credit of dividends, interest, or profits on indebtedness--Foreclosure of lien.
Section 51A-3-30 - Adoption and approval of bylaws.
Section 51A-3-31 - Indemnification of officers, directors, or employees.
Section 51A-3-32 - Board of directors--Number of members--Citizenship requirements--Election.
Section 51A-3-33 - Removal of directors--Vote required.
Section 51A-3-34 - Board of directors--Meetings.
Section 51A-3-35 - Election of officers--Terms--Vacancies.
Section 51A-3-37 - Bonds of officers and employees.