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Article 1. General Provisions and Definitions
§31A-1-1. Short Title; Objects and Purposes - This chapter shall constitute and may be cited as the...
§31A-1-2. Definitions - As used in this chapter, unless the context in which...
§31A-1-3. Application and Construction of Chapter - (a) The provisions of this chapter shall apply to all...
§31A-1-4. Separability; Repealer - If any provision, clause or phrase of this chapter or...
§31A-1-5. Lending and Investing Powers and Authority of Fiduciaries, Financial Institutions, Governmental Entities and Other Persons - The state of West Virginia, counties, municipalities, political subdivisions and...
§31A-1-6. Deposit Insurance Required for Banking and Other Depository Institutions - All credit unions established pursuant to article ten, chapter thirty-one...
Article 2. Division of Banking
§31A-2-1. Department of Banking of West Virginia, Offices of Commissioner and Deputy Commissioner of Banking Continued - The Department of Banking of West Virginia, the Office of...
§31A-2-2. Commissioner's Appointment, Term, Qualifications, Salary, Oath and Bond - The commissioner of banking shall be appointed by the Governor,...
§31A-2-3. Deputy Commissioner's Appointment, Tenure, Salary, Qualifications, Oath and Bond; Exercise of Commissioner's Powers by Deputy - The deputy commissioner of banking shall be appointed by and...
§31A-2-4. Jurisdiction of Commissioner; Powers, etc., of Division Transferred to Commissioner; Powers and Duties of Commissioner - (a) Subject to the powers vested in the board by...
§31A-2-4a. Orders of the Commissioner of Banking to Be Made Public - Any order entered by the commissioner of banking against any...
§31A-2-4b. Provision of Legal Services - (a) The commissioner of banking has plenary power and authority...
§31A-2-4c. County Clerk to File Reports of Trustees Regarding Sales of Residential Real Property Pursuant to Deeds of Trust and Forward to the Banking Commissioner; Transfer of Powers and Duties Relating to Reports of Trustees to the West Virginia Ho... - (a) In addition to the jurisdiction, powers, and duties set...
§31A-2-5. Certificate or License to Engage in Business; Filing of Amendments to Charter, Bylaws and Foreign Statutes - (a) No person shall engage or continue in the business...
§31A-2-6. Commissioner's Examinations of Financial Institution; Reports; Records; Communications From Commissioner to Institution; Examination by Federal or Out-of-State Agency in Lieu of Commissioner's Examination - (a) The commissioner shall make a thorough examination of all...
§31A-2-7. Duties of Officers, Employees, etc., of Financial Institution in Connection With Examination; Examination Under Oath; Offenses and Penalties - All officers, directors, employees and other persons connected with any...
§31A-2-8. Commissioner's Assessments and Examination Fund; Assessments, Costs and Expenses of Examinations; Collection - (a) All moneys collected by the commissioner from financial institutions...
§31A-2-9. Correction of Violations of Law, Irregularities and Unsound Practices; Disposition of Doubtful Assets and Past-Due Obligations; Stockholders' Meetings - Whenever it appears that any law, rule and regulation or...
§31A-2-12. Commissioner's Annual Report; Contents; Affidavit - Annually on or before December 1, the commissioner of banking...
§31A-2-12a. Establishment of Deposit Acquisition Limitation - After a review of the structure of depository institutions in...
§31A-2-13. Enforcement of Orders of the Commissioner Against Financial Institutions - (a) If any financial institution shall fail or refuse to...
§31A-2-14. Banking Interests of and Acceptance of Gratuities by Officers and Employees of Department - No officer or employee of the department of banking shall...
§31A-2-16. Effective Date - The amendments to this article enacted during the first extraordinary...
Article 2A. Maxwell Governmental Access to Financial Records Act
§31A-2A-1. Definitions - As used in this article: (a) "Customer" means any person...
§31A-2A-2. Requirements for Government Access to Records - (a) No state entity may have access to or obtain...
§31A-2A-3. Written Authorization of Customer; Contents; Certification of Compliance - (a) A customer may authorize disclosure under section two of...
§31A-2A-4. Exceptions - (a) Nothing in this article is intended to, or shall...
§31A-2A-5. Subpoena and Notice Requirements - (a) A financial institution may disclose or produce financial records...
§31A-2A-6. Subpoena Issued by Grand Jury - (a) Notwithstanding the provisions of section five of this article,...
§31A-2A-7. Penalties - (a) Any state, county or local government official or employee...
§31A-2A-8. Statute of Limitations; Tolling of Statute - (a) An action to enforce any provision of this article...
§31A-2A-9. Injunctive Relief; Recovery of Attorney Fees - In addition to any other remedy contained in this article,...
§31A-2A-10. Exclusive Remedies - The remedies provided in this article are exclusive for any...
Article 3. Board of Banking and Financial Institutions
§31A-3-1. Board Continued; Appointment, Qualifications, Terms, Oath, etc., of Members; Quorum; Meetings; When Members Disqualified From Participation; Compensation; Records; Office Space; Personnel; Continuation - (a) The West Virginia Board of Banking and Financial Institutions...
§31A-3-2. General Powers and Duties - (a) In addition to other powers conferred by this chapter,...
§31A-3-3. Hearings and Orders; Entry of Order Without Notice and Hearing - (a) Subject to the provisions of subsections (e), (f), (g)...
§31A-3-4. Judicial Review; Appeals to Supreme Court of Appeals - (a) Any party to a hearing before the board adversely...
Article 4. Banking Institutions and Services Generally
§31A-4-1. General Corporation Laws Applicable; Charter Applications to Be Approved by West Virginia Board of Banking and Financial Institutions - (a) The general corporation laws of the state, including the...
§31A-4-2. Use of Terms; Unlawfully Engaging in Banking Business; Penalties; Enforcement - (a) No person doing business in this state, except a...
§31A-4-3. Minimum Capital Stock; Classes of Stock; Par Value; Capitalization of Surplus - (a) No banking institution may hereafter be incorporated unless it...
§31A-4-4. Majority of Stock to Be Paid in Full Before Engaging in Business; Sale of Additional Stock; Organizational Expense Fund; Affidavit of Incorporators; Penalties; Stockholder Preemptive Rights - (a) The majority of the capital stock of every banking...
§31A-4-5. Requirements and Procedure for Incorporation of State Banks - (a) A state bank may be organized by five or...
§31A-4-6. Examination and Investigation of Proposed Bank by Board - (a) When an agreement of incorporation, fully complying with the...
§31A-4-7. Time for Completion of Investigation; Notice and Hearing; Approval or Disapproval of Application for Incorporation; Completion of Corporate Organization - The board shall complete its examination and investigation within ninety...
§31A-4-8. Directors, Their Qualifications and Oaths - For every state-chartered banking institution there shall be a board...
§31A-4-9. Fidelity Bonds and Insurance - (a) The directors of a state bank shall direct and...
§31A-4-10. List of Stockholders - For the purposes of this section, "bank holding company" means...
§31A-4-10a. Stockholder Inspection of Books and Records - (a) Any stockholder or group of stockholders of a state...
§31A-4-11. Liability of Stockholders - Each stockholder of any state banking institution, in addition to...
§31A-4-12. Impairment of Capital Forbidden; Remedies; Assessments; Sale of Stock - The officers and directors of a state banking institution shall...
§31A-4-13. Powers of State Banking Institutions Generally - (a) Any state-chartered banking institution has and may exercise all...
§31A-4-14. Trust Powers of Banking Institutions - (a) Every state banking institution which files the reports required...
§31A-4-14a. Transfer of Fiduciary Accounts or Relationships Between Affiliated Subsidiary Banks of a Bank Holding Company or Affiliated Nonbanking Entities or Entities Jointly Owned by Federally Insured Depository Institutions - (a) Notwithstanding any other provision of this code and unless...
§31A-4-14b. Delegation and Fiduciary Responsibility - (a) Any bank, nonbanking subsidiary of a bank holding company,...
§31A-4-15. Required Annual Filings Before Exercising Trust Powers; Penalties; Notice of Failure to Comply - No banking institution, nonbanking subsidiary of a bank holding company,...
§31A-4-16. Trust Funds to Be Kept Separate; Bookkeeping and Management - Every banking institution, nonbanking subsidiary of a bank holding company,...
§31A-4-17. Oath as Fiduciary - Whenever any court, or the clerk thereof, shall appoint any...
§31A-4-18. Capital as Fiduciary Security; Additional Security - Whenever any banking institution, nonbanking subsidiary of a bank holding...
§31A-4-18a. Short-Term Investments When Acting as a Fiduciary - (a) Any individual, bank, trust company or other entity engaged...
§31A-4-19. Reports - Every state banking institution shall make at least four reports...
§31A-4-20. Stockholders’ Annual Meeting; Financial Statement; Appointment, Duties and Report of Outside Auditing Firm - (a) The stockholders of each state banking institution shall meet...
§31A-4-21. Federal Deposit Insurance; Membership in Federal Reserve System - State banking institutions are authorized to do any act necessary...
§31A-4-22. Reserves Required of Banking Institutions; Reports; Penalties - Each state banking institution shall at all times maintain on...
§31A-4-23. Borrowing by Banking Institutions; Records Thereof; Penalties - Any state banking institution may borrow money, rediscount any of...
§31A-4-24. Capital Notes and Debentures; Retirement; Not Subject to Assessment - With the written approval of the commissioner of banking and...
§31A-4-25. Dividends; Limitations; Penal Provisions - (a) The directors of any state-chartered banking institution may, quarterly,...
§31A-4-26. Limitation on Loans and Extensions of Credit; Limitation on Investments; Loans to Executive Officers and Directors of Banks and Employees of the Banking Department; Exceptions; Valuation of Securities - (a) (1) The total loans and extensions of credit made...
§31A-4-27. Loans Eligible for Federal Insurance or Guaranty - Banking institutions are authorized: (a) To make such loans and...
§31A-4-28. Investments in Obligations Secured by Mortgages or Deeds of Trust Insured or Guaranteed by United States; Securities of Federal Agencies; Use of Such Obligations and Securities as Collateral, etc. - It shall be lawful for banking institutions to invest their...
§31A-4-29. Application of Other Laws to Loans and Investments Under §§31a-4-27 and 31a-4-28 - No law of this state prescribing the security upon which...
§31A-4-30. Charges and Interest Allowed in Certain Cases; Negotiability of Installment Notes - In addition to the interest rate provided in article six,...
§31A-4-30a. Alternative Maximum Interest Rate on Loans by Banks Chartered Under State Law - (a) The Legislature hereby finds and declares that: (1) Under...
§31A-4-31. Uniform and Continuing Depository Bonds Authorized; Review of Such Bonds; Correction of Inadequacy; Security for Federally Insured Deposits Not Required - Notwithstanding any provision of any law, ordinance, order, rule, regulation...
§31A-4-32. Adverse Claims to Deposits and Property Held in Safe Deposit - (a) A banking institution shall not be required, in the...
§31A-4-33. Deposits in Trust; Deposits in More Than One Name; Limitation on Liability of Institutions Making Payments From Certain Accounts; Notice Requirements; Pledges or Garnishment of Joint Accounts; Financial Institutions Duties; Multiple-Fiduci... - (a) If any deposit in any banking institution be made...
§31A-4-33a. Establishment of Payable on Death Accounts; Rights of Account Owners; Change of Beneficiary to Be in Writing; Rights of Beneficiaries; Limitation on Liability of Institutions Making Payments From Such Accounts - (a) Any person may enter into a written contract with...
§31A-4-34. Payment of Deposits to Minors - Whenever any minor shall make, or have credit for, a...
§31A-4-35. Reproduction of Checks and Other Records; Admissibility of Copies in Evidence; Disposition of Originals; Record Production Generally - (a) Any bank may cause to be copied or reproduced,...
§31A-4-36. Statement of Account to Customers; Duties of Customers; Limitations - When a banking institution makes a statement of account available...
§31A-4-37. Sale of Machine Operations and Services - Any state banking institution or institutions, or institution or institutions...
§31A-4-38. Direct Leasing of Personal Property - Banking institutions may, subject to rules and regulations promulgated by...
§31A-4-39. Transactions on Legal Holidays and Sundays - No act or transaction of any banking institution shall be...
§31A-4-40. Permissive Closing on Fixed Weekday or Portions of Weekdays; Notice of Closings; Emergency Closings; Procedures - (a) Any banking institution may elect to operate branches that...
§31A-4-41. Additional Authority of Board as to Limited Operations and Cessation of Business by State Banks - The board may, by and with the consent of the...
§31A-4-42. Unlawful for Persons Other Than Banking Institutions to Engage in the Banking Business; Penalties - No person, except banking institutions chartered under the laws of...
§31A-4-43. Negotiable Order of Withdrawal Accounts Allowed - A banking institution may permit the owner of a deposit...
§31A-4-44. Employment Information - It is not unlawful for any officer of a financial...
§31A-4-45. Refusal of Banking Institutions to Open Checking Accounts for Certain Individuals Convicted of Worthless Check Violations; Authorizing Criminal Background Investigation by Banking Institutions; Civil Immunity; and Confidentiality - (a) Any banking institution may refuse to open an account...
Article 4A. Conversion of National Banks to State-Chartered Banks
§31A-4A-1. Conversion of Bank, Thrift or Credit Union Into State Bank Authorized - Any bank, thrift or credit union organized under the laws...
§31A-4A-2. Procedure for Conversion of National Bank Into State Bank - (a) A converting institution shall file an application with the...
§31A-4A-3. Effect of Conversion Into State Bank - (a) When the board of Banking and Financial Institutions has...
§31A-4A-4. Filing of Incorporation or Organization - After the board of Banking and Financial Institutions issues an...
Article 5. Bank Service Corporations and Bank Services
§31A-5-1. Definitions - For the purposes of this article: "bank services," means services...
§31A-5-2. Authority of State Banks to Invest in Bank Service Corporations - Notwithstanding any other provision of law, any state bank is...
§31A-5-3. Extension of Bank Services to Competing Banking Institutions and Associations - Whenever a state bank or a national banking association applies...
§31A-5-4. Bank Service Corporation Activities Limited - No bank service corporation may engage in any activity other...
§31A-5-5. Regulation and Examination of Performance of Bank Services - No state bank may cause to be performed, by contract...
Article 6. Nominee Registration of Fiduciary Securities
§31A-6-1. Procedures for Nominee Registration of Securities - Any bank, nonbanking subsidiary of a bank holding company, nonbanking...
§31A-6-2. Duties of Trust Institutions Making Use of Nominee Registration - Every trust institution making use of nominee registration as provided...
§31A-6-3. Civil Liabilities and Criminal Penalties - Any trust institution which places property in nominee registration under...
§31A-6-4. Limitations on Liability in Transfers and Changes of Registration - No liability for any loss caused by the acts of...
§31A-6-5. Registration of Property to Evade Taxes Prohibited - No trust institution acting under the provisions of this article...
Article 7. Regulation of Failing Financial Institutions
§31A-7-1. Purpose; Construction - (a) The purpose of this article is to: (1) To...
§31A-7-2. Definitions - As used in this article: (a) "Commissioner" means the commissioner...
§31A-7-3. Conservatorship; Reorganization - (a) Whenever the commissioner considers it necessary in order to...
§31A-7-4. Receivership - (a) If the commissioner ascertains from any source that the...
§31A-7-5. Provisions Applicable to Federal Deposit Insurance Corporation Only - (a) The provisions of this section apply only to those...
§31A-7-6. Borrowing Powers of Receiver - With the written consent of the commissioner, any receiver of...
§31A-7-7. Reorganization, Purchase, Merger or Consolidation of and by Financial Institutions; Conversion of National Bank to State Bank; Obligations Remain Effective - Subject to the other provisions of this section, in any...
§31A-7-8. Voluntary Liquidation by Financial Institution - Any financial institution may, after thirty days' notice to the...
§31A-7-9. Involuntary Liquidation of Financial Institution After Revocation of Certificate of Authority, Permit or License - If the commissioner revokes the certificate of authority, permit or...
§31A-7-10. Executory Contracts and Leases; Assumption or Rejection; Court Approval for Assignments - (a) Within the six-month period immediately following the recordation of...
§31A-7-11. General Subrogation Rights of Federal Deposit Insurance Corporation - In all cases where the federal deposit insurance corporation pays...
§31A-7-12. Payment of Expenses and Debts; Order of Priority; Rights of Secured Creditors - (a) Each receiver shall pay the expenses and just debts...
§31A-7-13. Claims Procedure - (a) Within a reasonable time after taking possession and control...
§31A-7-14. Hearings; Judicial Review - Except to the extent another provision of this article expressly...
§31A-7-15. Exclusivity of Powers and Procedures of Article - The provisions of this article provide full and exclusive powers...
Article 8. Hearings; Administrative Procedures; Judicial Review; Unlawful Acts; Penalties
§31A-8-1. Hearings Before Commissioner or Hearing Examiner; Procedure, etc. - (a) Any person who is adversely affected by any order,...
§31A-8-2. Judicial Review; Appeals to Supreme Court of Appeals - (a) Any person adversely affected by any decision of the...
§31A-8-3. Certain Practices by Affiliates, Officers, etc., of Corporate Financial Institutions Forbidden; Penalties - (a) It shall be unlawful for an affiliate of any...
§31A-8-4. Change in Control of Banking Institution; Loans on Bank Stocks; Required Procedures; Prohibitions; Penalties - (a) Whenever a change occurs with respect to the outstanding...
§31A-8-5. Dealing in Own Stock; Stock Purchases; Limitations; Exceptions - (a) No banking institution shall make any loan or discount...
§31A-8-6. Receiving Deposits or Issuing Choses in Action During Insolvency - No financial institution shall accept or receive on deposit, with...
§31A-8-7. Certifying Checks Falsely - Any officer, agent or employee of any banking institution who...
§31A-8-8. False Statements Concerning Banking Institutions - Whoever, directly or indirectly, wilfully and knowingly makes or transmits...
§31A-8-8a. Unauthorized Disclosure of Information From a Financial Institution Examination Report - Any person having a duty to the financial institution or...
§31A-8-9. Misapplication of Funds; Fraud by Officers or Employees; False Entries in Books; False Statements; Penalties - Every officer, director, employee or agent of any financial institution...
§31A-8-10. Unlawful Activity by Bank Personnel - It shall be unlawful for an officer, director, employee or...
§31A-8-11. Failure to Make, Publish or Distribute Reports; Penalty - Every financial institution failing to make and transmit to the...
§31A-8-12. Procedure for Authorization of Branch Banks; Temporary Offices at Colleges and Universities; Limitations and Restrictions; Examinations and Hearings; Standards of Review; Penalties for Violation of Section - (a) A banking institution may not engage in business in...
§31A-8-12a. Banking From Mobile Units; Limitation of Messenger Services - (a) It is illegal for any banking institution or other...
§31A-8-12b. Installation and Operation of Customer Bank Communication Terminals Permitted - (a) Any banking institution as defined in §31A-1-2 of this...
§31A-8-12c. Loan Origination Offices Permitted - (a) Origination of loans by employees or agents of a...
§31A-8-12d. Expedited Procedure for Authorization of De Novo Branch Banks - (a) As an alternative to using the procedures established in...
§31A-8-13. Banking Institution Not to Be Surety; Hypothecation and Other Dealings With Securities and Assets Limited - No banking institution shall become or be accepted as surety...
§31A-8-15. General Penalties - (a) Upon conviction for any misdemeanor offense under the provisions...
§31A-8-16. Misdemeanors and Felonies - The willful failure to perform any duty required of any...
§31A-8-17. Legal Representation of Commissioner and Board - The board and the commissioner shall, upon request, be represented...
§31A-8-18. References to Code Provisions - Wherever in the Code of West Virginia, in any act,...
Article 8A. Acquisitions of Banks by Bank Holding Companies
§31A-8A-1. Definitions - For purposes of this article: (a) "Acquire" means: (1) For...
§31A-8A-2. Scope and Statement of Legislative Intent - This article sets forth the conditions under which a company...
§31A-8A-3. Permitted Acquisitions - (a) Except as otherwise expressly permitted by federal law, a...
§31A-8A-4. Required Application - (a) A company that proposes to make an acquisition under...
§31A-8A-5. Standards for Approval - (a) In deciding whether to approve an application for a...
§31A-8A-6. Procedures Relating to Applications - (a) The board shall decide whether to approve an acquisition...
§31A-8A-7. Reports; Examinations - (a) To the extent specified by the commissioner by rule,...
§31A-8A-8. Authority to Issue Rules; Cooperative Agreements; Fees - In order to carry out the purposes of this article,...
§31A-8A-9. Authority to Conduct Banking Business; Credit Card Processing - (a) Except as authorized in this article or articles eight-d,...
§31A-8A-10. Penalties - (a) The commissioner or board may enforce the provisions of...
Article 8B. Community Reinvestment Act
§31A-8B-1. Short Title - This article may be cited as the "West Virginia Community...
§31A-8B-2. Legislative Findings and Purpose - (a) The Legislature finds that: (1) Banking institutions are required...
§31A-8B-3. Application for a Deposit Facility; Definition - The term "application for a deposit facility" means an application...
§31A-8B-4. Assessment of the Institution's Reinvestment in the Community - In connection with its examination or investigation of a banking...
§31A-8B-5. Rules and Regulations - Regulations to carry out the purposes of this article shall...
Article 8C. Provision of Financially-Related Services by Banks and Bank Holding Companies
§31A-8C-1. Financially Related Defined - The term "financially related" includes: (a) All products, services and...
§31A-8C-2. Banks and Bank Holding Companies Permitted to Offer Financially Related Services - (a) Subject to the prior approval of the Commissioner of...
§31A-8C-3. Limitation on Permitted Investment in Entities Offering Financially Related Services - No West Virginia state-chartered banking institution or bank holding company...
§31A-8C-4. Promulgation of Rules - The commissioner of banking, pursuant to chapter twenty-nine-a of this...
§31A-8C-5. Construction, Conflicting Provisions - This article shall be construed liberally to permit banks and...
Article 8D. Interstate Branching by Bank Mergers
§31A-8D-1. Legislative Purpose - It is the express intent of this article to permit...
§31A-8D-2. Definitions - As used in this article, unless a different meaning is...
§31A-8D-3. Authority of West Virginia State Banks to Establish Interstate Branches by Merger - Beginning on May 31, 1997, and with prior approval upon...
§31A-8D-4. Interstate Merger Transactions and Branching Involving Out-of-State Banks Permitted - (a) Beginning on May 31, 1997, one or more West...
§31A-8D-5. Notice and Filing Requirements - (a) Any out-of-state state bank that will be the resulting...
§31A-8D-6. Powers; Additional Branches - (a) An out-of-state state bank which establishes and maintains one...
§31A-8D-7. Examinations; Periodic Reports; Cooperative Agreements; Assessment of Fees - (a) To the extent consistent with subsection (c) of this...
§31A-8D-8. Enforcement - If the commissioner determines that a branch maintained by an...
§31A-8D-9. Rules and Orders - The commissioner and board may promulgate such rules and issue...
§31A-8D-10. Notice of Subsequent Merger - An out-of-state state bank that has established and maintains a...
§31A-8D-11. Applicability to Thrift Institutions - This article shall apply to interstate mergers involving banks with...
Article 8E. Interstate Branching by De Novo Entry and Acquisition of Branches
§31A-8E-1. Legislative Purpose - It is the express intent of this article to permit...
§31A-8E-2. Definitions - As used in this article, unless a different meaning is...
§31A-8E-3. Interstate Branching by West Virginia State Banks Through De Novo Establishment or Acquisition of Branches in Other States - (a) Beginning on May 31, 1997, and pursuant to the...
§31A-8E-4. Interstate Branching by Out-of-State Banks Through De Novo Entry or Acquisition of Branches in West Virginia - Beginning on May 31, 1997, an out-of-state bank that does...
§31A-8E-5. Requirement of Notice - An out-of-state bank desiring to establish and maintain a de...
§31A-8E-6. Conditions for Approval - No branch of an out-of-state bank may be established in...
§31A-8E-7. Powers; Additional Branches - (a) An out-of-state state bank which establishes and maintains one...
§31A-8E-8. Examinations; Periodic Reports; Cooperative Agreements; Assessment of Fees - (a) To the extent consistent with subsection (c) of this...
§31A-8E-9. Enforcement - If the commissioner determines that a branch maintained by an...
§31A-8E-10. Rules and Orders - The commissioner and board may promulgate such rules and issue...
§31A-8E-11. Notice of Subsequent Merger - An out-of-state state bank that has established and maintains a...
§31A-8E-12. Applicability to Thrift Institutions - This article shall apply to interstate acquisition of branches of...
Article 8F. The West Virginia International Banking Act
§31A-8F-1. Legislative Purpose - (a) This article shall be known and may be cited...
§31A-8F-2. Definitions - For purposes of this article: (a) The term "agency office"...
§31A-8F-3. General Regulation Authority; Language; u.s. General Accounting Principles - (a) The commissioner is authorized and empowered to issue such...
§31A-8F-4. Operations in This State of Banks Owned or Controlled by Foreign Banks and Other Foreign Persons - (a) The laws and rules of this state governing the...
§31A-8F-5. Branches by Domestic Subsidiary Banks Owned by a Foreign Bank - An out-of-state bank which is a domestic subsidiary of, or...
§31A-8F-6. Authority of Affiliated Bank or Branch to Act as Agent for a Foreign Bank - (a) A West Virginia bank or branch of any out-of-state...
§31A-8F-7. Direct Agency Offices of Foreign Banks; Necessity of Licensure - (a) A foreign bank may directly transact certain banking business...
§31A-8F-8. Application to Establish and Maintain an Agency Office; Contents - A foreign bank seeking to establish and maintain a West...
§31A-8F-9. Application to Establish and Maintain an Agency Office; Manner of Filing and Determination - (a) A foreign bank making an application under this article...
§31A-8F-10. No Concurrent Maintenance of Federal Branches or Agencies - (a) No foreign bank which is licensed under this article...
§31A-8F-11. Powers of a Foreign Bank Agency Office - (a) A West Virginia state agency office of a foreign...
§31A-8F-12. Representative Office of Foreign Banks; Necessity of Licensure - (a) No foreign bank shall establish or maintain a West...
§31A-8F-13. Representative Office; Application - (a) The application for a license to establish and maintain...
§31A-8F-14. Representative Office; Factors for Approval of Application - (a) A foreign bank making an application for a license...
§31A-8F-15. Representative Office; Permissible Activities - (a) A foreign bank which is licensed to establish and...
§31A-8F-16. Posting of License - Each foreign bank which is licensed to establish and maintain...
§31A-8F-17. Licenses Not Transferable - No license issued by the commissioner in accordance with this...
§31A-8F-18. Amended License to Establish and Maintain a Direct Agency Office or Representative Office - (a) A foreign bank which is licensed to establish and...
§31A-8F-19. Change of Control of Foreign Bank - A foreign bank which is licensed to establish and maintain...
§31A-8F-20. Relocation of Office; Written Notice Necessary - No foreign bank which is licensed to establish and maintain...
§31A-8F-21. Examination; Payment of Fees - (a) A West Virginia state agency or West Virginia representative...
§31A-8F-22. Supervision and Enforcement - (a) The commissioner shall have all of the powers granted...
§31A-8F-23. Reports - (a) Each foreign bank which is licensed to establish and...
§31A-8F-24. Confidentiality of Examination Reports - All reports of examinations and other records relating to the...
§31A-8F-25. Books, Accounts and Records - Each foreign bank which is licensed to establish and maintain...
§31A-8F-26. Separate Assets - (a) Each foreign bank which is licensed to establish and...
§31A-8F-27. Disclosure of Lack of Federal Deposit Insurance - Each foreign bank which is licensed to establish and maintain...
§31A-8F-28. Capital Equivalency Deposit - (a) Each foreign bank which is licensed to establish and...
§31A-8F-29. Voluntary Closure of Agency or Representative Office; Application - (a) No foreign bank which is licensed to establish and...
Article 8G. The West Virginia Fintech Regulatory Sandbox Program
§31A-8G-1. The West Virginia Fintech Regulatory Sandbox Program - This article shall be known as the West Virginia FinTech...
§31A-8G-2. Definitions - As used in this article: "Applicable agency" means a department...
§31A-8G-3. Regulatory Sandbox Program; Administration; Application Requirements; Fee; Rulemaking - (a) There is created in the Division of Financial Institutions...
§31A-8G-4. Scope; Testing Period; Licenses; Consumer Protections - (a) If the Division of Financial Institutions approves an application...
§31A-8G-5. Additional Consumer Protections; Disclosures - (a) Before providing an innovative product or service to a...
§31A-8G-6. Exiting Requirements; Extensions - (a) At least 30 days before the conclusion of the...
§31A-8G-7. Testing Period Extensions - (a) Thirty days prior to the conclusion of the regulatory...
§31A-8G-8. Recordkeeping and Reporting Requirements; Participant Removal - (a) A regulatory sandbox participant shall retain records, documents, and...