South Dakota Codified Laws
Chapter 04 - General Powers Of Banks
Section 51A-4-20.4 - Investments to promote public welfare authorized--Limitations.

51A-4-20.4. Investments to promote public welfare authorized--Limitations.
A bank may make investments designed primarily to promote the public welfare, including the welfare of low and moderate income communities or families. A bank may make such investments directly or by purchasing interests in an entity primarily engaged in making such investments. No bank may make any such investment if the investment would expose the bank to unlimited liability. The director shall limit a bank's investments in any one project and a bank's aggregate investments under this section. A bank's aggregate investments under this section may not exceed an amount equal to the sum of five percent of the bank's capital, surplus, and undivided profits, unless the director determines by order that the higher amount will not pose a significant risk to the bank and the bank is adequately capitalized. In no case may a bank's aggregate investments under this section exceed an amount equal to the sum of ten percent of the bank's capital stock actually paid in and unimpaired and ten percent of the bank's unimpaired surplus fund.

Source: SL 2002, ch 218, §1; SL 2015, ch 239, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 51A - Banks and Banking

Chapter 04 - General Powers Of Banks

Section 51A-4-1 - Miscellaneous banking powers.

Section 51A-4-1.1 - Banking with industrial hemp or marijuana licensees and associated persons authorized.

Section 51A-4-2 - Purchase and sale of securities on order of customer--Contract with securities brokerage services allowed.

Section 51A-4-3 - Operation of travel agency.

Section 51A-4-4 - Insurance business authorized.

Section 51A-4-5 - Certificate of authority required to engage in banking business--Misdemeanor.

Section 51A-4-6 - Order to cease and desist for violation--Right to appeal.

Section 51A-4-7 - Arrest and prosecution for violation.

Section 51A-4-8 - Deposit insurance required--Federal reserve system membership authorized.

Section 51A-4-9 - Real property authorized to be held by bank--Maximum book value of premises.

Section 51A-4-10 - Property authorized to be purchased to satisfy debts--Limitation on period of retention.

Section 51A-4-12 - Checks settled at par--Payment from reserve deposits.

Section 51A-4-13 - Borrowing money by bank--Pledge of assets.

Section 51A-4-14 - "Bills payable" issued for money borrowed by bank--Record of amount borrowed.

Section 51A-4-15 - Rediscounting of negotiable paper--Limitation on pledge of assets as security.

Section 51A-4-16 - Sale, transfer, or assignment of loan participations.

Section 51A-4-17 - Sale of assets of bank.

Section 51A-4-18 - Grounds and procedure for nonobservance of banking hours--Extension of hours.

Section 51A-4-19 - Change in banking hours--Notice to division.

Section 51A-4-20 - Restriction on use of bank money to purchase other bank stock--Community investments authorized--Limitation on investment.

Section 51A-4-20.1 - "Community development corporation" defined.

Section 51A-4-20.2 - Qualification of community development corporation as permissible investment.

Section 51A-4-20.3 - Promulgation of rules for investment in community development corporations.

Section 51A-4-20.4 - Investments to promote public welfare authorized--Limitations.

Section 51A-4-21 - Bad debts--Maximum time allowed before charge-off--Overdraft not allowed as asset.

Section 51A-4-22 - Purchase of retail installment contract--Terms and effect of agreement.

Section 51A-4-23 - Leasing of personal property by bank--Terms and conditions.

Section 51A-4-24 - Factoring--Applicability of lending limit provisions.

Section 51A-4-25 - Bank investments--Restrictions set by rule--Limitations.

Section 51A-4-25.1 - Annuity defined.

Section 51A-4-26 - Exceptions to investment limitation--Purchase of federal, state, and municipal obligations and bonds or interim notes of South Dakota Building Authority.

Section 51A-4-27 - Investments in agricultural credit corporations and livestock loan companies.

Section 51A-4-28 - Restricted investment in mortgage banking companies authorized.

Section 51A-4-29 - Banks authorized to make or purchase loans secured by real estate mortgages--Sale of loans to Federal National Mortgage Association--Capital contributions.

Section 51A-4-30 - Investment in federally sponsored housing loans.

Section 51A-4-42 - Restrictions on purchase of cash value life insurance contracts.

Section 51A-4-43 - Access to motor vehicle title and lien information on state's computer system.

Section 51A-4-44 - Financial institution and services defined.

Section 51A-4-45 - Contracts for services.

Section 51A-4-46 - Debt cancellation contracts and debt suspension contracts--Fee.