2016 Mississippi Code
Title 81 - Banks and Financial Institutions
Chapter 14 - Savings Bank Law
Article 2 - Incorporation and Organization
§ 81-14-83. Branch offices

MS Code § 81-14-83 (2016) What's This?

(1) Any state savings bank may apply to the commissioner for permission to establish a branch office. The application shall be in such form as may be prescribed by the commissioner and shall be approved or denied by the commissioner within one hundred twenty (120) days of filing.

(2) The commissioner shall approve a branch application when all of the following criteria are met:

(a) The applicant has gross assets of at least Ten Million Dollars ($ 10,000,000.00);

(b) The applicant has evidenced financial responsibility;

(c) The applicant has a net worth equal to or exceeding the amount required by the insurer of deposit accounts;

(d) The applicant has an acceptable internal control system. Such a system would include certain basic internal control requirements essential to the protection of assets and the promotion of operational efficiency regardless of the size of the applicant.

(3) Upon receipt of a branch application, the commissioner shall examine all the relevant facts connected with the establishment of the proposed branch office. If it appears to the satisfaction of the commissioner that the applicant has complied with all the requirements set forth in this section and the regulations for the establishment of a branch office, and that the savings bank is otherwise lawfully entitled to establish such branch office, then the commissioner shall approve the branch application.

(4) Within ten (10) days after the filing of the branch application with the commissioner, the applicant shall publish a notice in a newspaper of general circulation in the area to be served by the proposed branch office. Such notice shall contain:

(a) A statement that the branch application has been filed with the commissioner;

(b) The proposed address of the branch office, including city or town and street; and

(c) A statement that any interested party may file a written statement with the commissioner, within thirty (30) days of the date of the publication of the notice, protesting the establishment of the proposed branch office and requesting a hearing before the commissioner.

(5) Any interested party may file a written statement with the commissioner within thirty (30) days of the date of initial publication of the branch application notice, protesting the establishment of the proposed branch office and requesting a hearing before the commissioner. If a hearing is held on the branch application, the commissioner shall only receive information and hear testimony from the applicant and from any interested party which is relevant to the branch application and the operation of the proposed branch office. The commissioner shall issue his final decision on the branch application within thirty (30) days following the hearing.

(6) If a hearing is not held on the branch application, the commissioner shall issue his final decision within one hundred twenty (120) days of the filing of the application.

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