Wisconsin Statutes & Annotations
Chapter 221 - State banks.
221.0324 - Assets not to be pledged as security.

221.0324 Assets not to be pledged as security.
(1) In general. A bank or bank officer may not give preference to any depositor or creditor by pledging the assets of the bank as collateral security, except to secure deposits where otherwise permitted or required by law for a particular depositor, to secure repurchase agreements entered into by the bank or as otherwise provided under this section.
(2) Government deposits. A bank may deposit with the treasurer of the United States, or in the custody of federal reserve banks or branches of the federal reserve banks designated by a court, so much of its assets, not exceeding its capital and surplus, as may be necessary to do any of the following:
(a) To qualify as a depository for postal savings funds and other government deposits.
(b) To qualify as a depository for bankrupt estates, debtors, corporations and railroads under reorganization under federal bankruptcy laws and receivers, trustees and other officers thereof appointed by any U.S. district court or by any bankruptcy court of the United States. In acting as a depository under this paragraph, a state bank has all the rights and privileges granted to banking institutions under section 61 of the U.S. bankruptcy act, as amended.
(3) Temporary purposes. A bank may borrow money for temporary purposes, and may pledge assets of the bank not exceeding 50 percent in excess of the amount borrowed as collateral security for this borrowing, if the board of directors has adopted a resolution designating the lender from which the money may be borrowed, the maximum amount for which the bank may become indebted at any one time and the names of the officers who may sign the promissory note evidencing the indebtedness.
(4) Bond requirements. A bank that is authorized to exercise trust powers and that complies with s. 223.02 is exempt from furnishing the bond specified in s. 221.0316 and is entitled to the same exemption as to making and filing any oath or giving any bond or security as is conferred on trust company banks by s. 223.03 (6) (a).
(5) Pledges to federal reserve board. A bank may pledge assets in an amount not to exceed 4 times the amount of its capital to the federal reserve bank, as fiscal agent of the United States, of the federal reserve district in which it is located, except that no such pledge shall be made in excess of the amount of its capital without the consent of the division.
(6) Borrowing to reloan. If a bank is borrowing habitually for the purpose of reloaning, the division may require the bank to repay money so borrowed.
(7) Rediscounting and endorsing negotiable notes. This section does not prevent a bank from rediscounting in good faith and endorsing its negotiable notes, if authorized by a recorded resolution of the board of directors.
(8) Certificates of deposit. A bank may not issue its certificate of deposit for the purpose of borrowing money. A bank may not make partial payments upon certificates of deposit.
(9) Pledges to and loans from the federal home loan bank. Notwithstanding sub. (3), a bank that is a member of the federal home loan bank may borrow money from the federal home loan bank and may pledge bank assets as collateral to secure the loan or any other extension of credit from the federal home loan bank.
History: 1995 a. 336; 2001 a. 102; 2019 a. 65.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 221 - State banks.

221.0101 - Title.

221.0102 - Definitions.

221.0103 - Notice.

221.0104 - Applicability.

221.0105 - Fees.

221.0201 - Applicants.

221.0202 - Application.

221.0203 - Certificate of authority.

221.0204 - Temporary organization.

221.0205 - Capital stock.

221.02055 - Reserves.

221.0206 - Articles of incorporation.

221.0207 - Filed documents.

221.0208 - Charter.

221.0209 - Prohibition on transacting business.

221.0210 - Publication of charter.

221.0211 - Amendment of articles of incorporation.

221.0212 - Restated articles of incorporation.

221.0213 - Bylaws.

221.0214 - Amendment of bylaws by board of directors or shareholders.

221.0215 - Authorized stock.

221.0216 - Preferred stock.

221.0217 - Reorganization of a state bank as a national bank.

221.0218 - Reorganization of a national bank as a state bank.

221.0219 - Conversion of a credit union to a state bank.

221.0301 - General powers.

221.0302 - Branch banks and other facilities.

221.0303 - Customer bank communications terminals.

221.0304 - Safe deposits.

221.0305 - Memberships and investments in federal reserve bank.

221.0306 - Memberships and investments in federal home loan bank.

221.0307 - Memberships and investments in other state and federal agencies.

221.0308 - Benefits under federal law; Federal Deposit Insurance Corporation.

221.0309 - Investments in international banking and financial institutions.

221.0310 - Federal National Mortgage Association.

221.0311 - Investments in agricultural credit corporations.

221.0312 - Investments in development companies.

221.0313 - Information to division; stock holdings.

221.0314 - Sale of U.S. bonds.

221.0315 - Insurance activities.

221.0316 - Trust powers.

221.0317 - Securitization of assets.

221.0318 - Notes and debentures.

221.0319 - Real estate.

221.0320 - Limit of loans and investments.

221.0321 - Other loans and investments.

221.0322 - Additional banking authority.

221.0323 - Bank purchase of its own stock.

221.0324 - Assets not to be pledged as security.

221.0325 - Certified checks.

221.0326 - Bad debts.

221.0327 - Surplus fund.

221.0328 - Dividends.

221.0329 - Savings promotion prize programs.

221.0401 - State bank.

221.0402 - Use of “bank".

221.0403 - Bank names.

221.0404 - Deceptive or misleading use of bank name, logo, or symbol.

221.0501 - Quorum and voting requirements for voting groups.

221.0502 - Greater or lower quorum or greater voting requirements.

221.0503 - Bylaw fixing quorum or voting requirements for shareholders.

221.0504 - Number of shareholders.

221.0505 - Issued and outstanding shares.

221.0506 - Fractional shares.

221.0507 - Share dividends.

221.0508 - Form and content of certificates.

221.0509 - Restriction on transfer of shares and other securities.

221.0510 - Preemptive rights.

221.0511 - Annual meeting.

221.0512 - Special meeting.

221.0513 - Shareholder action without a meeting.

221.0514 - Notice of meeting.

221.0515 - Disclosure to shareholders.

221.0516 - Waiver of notice.

221.0517 - Record date.

221.0518 - Shareholders' list for meeting.

221.0519 - Proxies.

221.0520 - Shares held by nominees.

221.0521 - Acceptance of instruments showing shareholder action.

221.0522 - Voting for directors; cumulative voting.

221.0523 - Voting trusts.

221.0524 - Voting agreements.

221.0525 - Shares of stock, when not transferable.

221.0526 - Stock control of bank or trust company bank by other corporation.

221.0601 - Requirement for and duties of board of directors.

221.0602 - Qualifications of directors.

221.0603 - Number and election of directors.

221.0604 - Election of directors by certain classes of shareholders.

221.0605 - Terms of directors generally.

221.0606 - Staggered terms of directors.

221.0607 - Resignation of directors.

221.0608 - Removal of directors by shareholders.

221.0609 - Vacancy on board.

221.0610 - Meetings.

221.06105 - Board action without a meeting.

221.0611 - Response to examination.

221.0612 - Notice of meeting.

221.0613 - Waiver of notice.

221.0614 - Quorum and voting.

221.0615 - Committees.

221.0616 - Reliance by directors or officers.

221.0617 - Consideration of interests in addition to shareholders' interests.

221.0618 - Limited liability of directors.

221.0619 - Director conflict of interest.

221.0620 - Officers.

221.0621 - Duties of officers.

221.0622 - Resignation and removal of officers.

221.0623 - Contract rights of officers.

221.0624 - Signature of officers.

221.0625 - Loans to bank officials; penalty.

221.0626 - Definitions applicable to indemnification and insurance provisions.

221.0627 - Mandatory indemnification.

221.0628 - Bank may limit indemnification.

221.0629 - Allowance of expenses as incurred.

221.0630 - Court-ordered indemnification.

221.0631 - Determination of right to indemnification.

221.0632 - Indemnification and allowance of expenses of employees and agents.

221.0633 - Insurance.

221.0634 - Additional rights to indemnification and allowance of expenses.

221.0635 - Indemnification and insurance against securities law claims.

221.0636 - Theft.

221.0637 - Bank officers and employees not to take commissions.

221.0701 - Interest exchange.

221.0702 - Consolidation or merger of banks.

221.0703 - Cancellation of charter of merged bank.

221.0704 - Interim banks.

221.0705 - Definitions.

221.0706 - Right to dissent.

221.0707 - Dissent by shareholders and beneficial shareholders.

221.0708 - Notice of dissenters' rights.

221.0709 - Notice of intent to demand payment.

221.0710 - Dissenters' notice.

221.0711 - Duty to demand payment.

221.0712 - Restriction on uncertificated shares.

221.0713 - Payment.

221.0714 - Failure to take action.

221.0715 - After-acquired shares.

221.0716 - Procedure if dissenter is dissatisfied with payment or offer.

221.0717 - Court action.

221.0718 - Court costs and counsel fees.

221.0801 - Liquidation.

221.0802 - Banks may be placed in hands of division.

221.0803 - Charter, how forfeited.

221.0901 - Acquisitions of banks and bank holding companies.

221.0903 - In-state branches maintained by out-of-state banks.

221.0904 - Out-of-state banks establishing branches.

221.1001 - Stock book.

221.1002 - Reports.

221.1003 - Forfeiture.

221.1004 - False statements.

221.1005 - Refusal to permit inspection.

221.1006 - Fees for certified copies.

221.1007 - Legal process; how served.

221.1008 - Record search.

221.1101 - Bank service corporations.

221.1201 - Stock in bank-owned banks.

221.1202 - Bank-owned banks.