2016 Mississippi Code
Title 81 - Banks and Financial Institutions
Chapter 7 - Branch Banks
§ 81-7-7. Establishment of branch banks de novo or by merger or consolidation

MS Code § 81-7-7 (2016) What's This?

(1) For purposes of this section and Section 81-7-8, "branch bank de novo" or "branching de novo" refers to a branch established by the opening of a new branch bank and includes a branch bank or branch office acquired from another bank without acquiring substantially all of the assets of the other bank.

(2) Subject to the restrictions contained in Section 81-7-8, a bank may establish:

(a) Branch banks de novo within the applicable radius from the parent bank, as specified in subsection (5) of this section, subject to compliance with the procedures set forth in Section 81-7-1;

(b) Branch banks by the merger or consolidation with, or the purchase of all or substantially all of the assets of, any other bank located in Mississippi; and

(c) Branch banks de novo in accordance with subsection (3) of this section, subject to compliance with the procedures set forth in Section 81-7-1.

Compliance with the procedures set forth in Section 81-7-1 is not required to establish branch banks under paragraph (b) of this subsection.

(3) Subject to the restrictions contained in Section 81-7-8, after the establishment of a branch bank or branch banks outside of the applicable radius from the parent bank (of the surviving bank for branching purposes), as specified in subsection (5) of this section, as a result of a transaction pursuant to subsection (2)(b) of this section, a bank may establish branch banks de novo:

(a) In any county where any such branch bank established under subsection (2)(b) is located; and

(b) If any such branch bank established under subsection (2)(b) is located in a town or city situated in two (2) or more counties, in any of such counties; and

(c) If any such branch bank established under subsection (2)(b) is located in an area designated as a Metropolitan Statistical Area by the United States Office of Management and Budget or any successor designation based upon substantially the same criteria, throughout such area so designated, or if such area is not entirely located in Mississippi then throughout the portion of such area located in Mississippi.

(4) The bank resulting from a merger, consolidation or purchase may retain and operate as branch banks any of the parent offices, branch banks or branch offices of the banks participating in the transaction.

(5) For the purposes of this section, the applicable radius from the parent bank shall be:

(a) One hundred (100) miles, from July 1, 1986, through June 30, 1987;

(b) One hundred fifty (150) miles, from July 1, 1987, through June 30, 1988;

(c) Two hundred (200) miles, from July 1, 1988, through June 30, 1989;

(d) The geographical boundaries of the State of Mississippi, from and after July 1, 1989.

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