13-12-103. Special purpose depository institutions created as corporations; operating authority; powers; prohibition on lending.
(a) Consistent with this chapter, special purpose depository institutions shall be organized as corporations under the Wyoming Business Corporation Act to exercise the powers set forth in subsection (b) of this section.
(b) Each special purpose depository institution may:
(i) Make contracts as a corporation under Wyoming law;
(ii) Sue and be sued;
(iii) Receive notes and buy and sell gold and silver coins and bullion as permitted by federal law;
(iv) Carry on a nonlending banking business for depositors, consistent with subsection (c) of this section;
(v) Provide payment services upon the request of a depositor;
(vi) Make an application to become a member bank of the federal reserve system;
(vii) Engage in any other activity that is usual or incidental to the business of banking, subject to the prior written approval of the commissioner. The commissioner shall not approve a request to engage in an incidental activity if he finds that the requested activity will adversely affect the solvency or the safety and soundness of the special purpose depository institution or conflict with any provision of this chapter. As used in this paragraph, "incidental activity" includes:
(A) Custody, safekeeping and asset servicing, including custodial services under W.S. 34-29-104;
(B) Investment adviser, investment company and broker-dealer activities;
(C) Commodities intermediary activities;
(D) Exercising fiduciary powers similar to those permitted to national banks;
(E) Receiving deposits relating to activities under this paragraph;
(F) Other incidental activities authorized by the commissioner.
(viii) Exercise powers and rights otherwise authorized by law which are not inconsistent with this chapter.
(c) Except as otherwise provided in this subsection, a special purpose depository institution shall not make loans, including the provision of temporary credit relating to overdrafts. A special purpose depository institution may purchase debt obligations specified by W.S. 13-12-105(b)(iii).
(d) A special purpose depository institution shall maintain its principal operating headquarters and the primary office of its chief executive officer in Wyoming.
(e) As otherwise authorized by this section, the special purpose depository institution may conduct business with depositors outside this state.
(f) A special purpose depository institution may open a branch in another state in the manner set forth in W.S. 13-2-803. A special purpose depository institution, including any branch of the institution, may only accept deposits or provide other services under this chapter to depositors engaged in activities which are lawful under the laws of Wyoming and federal law.
Structure Wyoming Statutes
Title 13 - Banks, Banking and Finance
Chapter 12 - Special Purpose Depository Institutions
Section 13-12-101 - Short Title.
Section 13-12-102 - Applicability of Other Provisions.
Section 13-12-104 - Requirements Relating to Depositors; Nature of Business.
Section 13-12-105 - Required Liquid Assets.
Section 13-12-106 - Required Contingency Account.
Section 13-12-107 - Applicable Federal and State Laws.
Section 13-12-108 - Required Disclosures.
Section 13-12-109 - Formation; Articles of Incorporation.
Section 13-12-110 - Required Initial Capital and Surplus; Additional Capital.
Section 13-12-111 - Application for Charter; Fee; Subaccount Created.
Section 13-12-112 - Procedure Upon Filing Application.
Section 13-12-113 - Procedure for Hearings on Charter Applications.
Section 13-12-114 - Investigation and Examination by Commissioner.
Section 13-12-117 - Decisions by Board Appealable; Grounds.
Section 13-12-119 - Reports and Examinations; Supervisory Fees; Required Private Insurance or Bond.
Section 13-12-120 - Suspension or Revocation of Charter.
Section 13-12-121 - Continuing Jurisdiction.
Section 13-12-124 - Failure to Submit Required Report; Fees; Rules.
Section 13-12-125 - Willful Failure to Perform Duties Imposed by Law; Removal.