2010 Wyoming Statutes
Title 13 - Banks, Banking And Finance
Chapter 3 - Banking Operations

CHAPTER 3 - BANKING OPERATIONS

 

ARTICLE 1 - GENERALLY

 

13-3-101. Bond required of officers and employees.

 

The state banking commissioner may require all active officers and employees of banks to furnish a fidelity bond in duplicate in an amount to be fixed by the state banking commissioner and written by a surety company authorized to do business in Wyoming. One (1) copy of the bond shall be filed with the state banking commissioner.

 

13-3-102. Loans to executive officers, directors, principal shareholders or others with ownership interests.

 

No bank shall loan any of its funds to executive officers, directors or to any person owning or controlling ten percent (10%) or more of the bank's or its bank holding company's voting ownership interests, or to any person in which any of the executive officers, directors or owners or controllers are interested except upon the written application of the person and then only with the prior approval of a majority of the board of directors. The approval of the loan, if allowed, shall be made a part of the records of the directors' meeting.

 

13-3-103. Preference to depositors or creditors prohibited; exceptions.

 

A bank shall not give preference to any depositor or creditor by pledging the assets of the bank as security except that the bank may qualify as depository for United States deposits, postal savings funds or other public funds by deposit of the securities required by law and except as otherwise permitted by this act.

 

13-3-104. Repealed By Laws 1999, ch. 42, 3.

 

ARTICLE 2 - RESTRICTED OPERATIONS

 

13-3-201. Acquisition of real estate.

 

(a) No bank shall purchase, hold, convey or lease real estate except for the following purposes:

 

(i) Real estate and buildings necessary to transact the business of a bank including its banking offices and other premises in the same buildings to rent as a source of income. The property shall not be carried on the books of the bank as an asset in an amount in excess of one hundred percent (100%) of the bank's capital and surplus and, with the prior approval of the state banking commissioner, undivided profits and reserve accounts. When any bank ceases to use the real estate and improvements for banking purposes, it shall, within five (5) years from the date of vacation of the premises, sell the property;

 

(ii) Real estate which is purchased by or conveyed to the bank in satisfaction of or on account of debts previously contracted in the course of its business;

 

(iii) Real estate which is purchased at execution sale or acquired by decree under securities held by it.

 

(b) Any real estate acquired as provided in subsections (a)(ii) and (iii) of this section shall be entered on the books as other real estate at not more than acquisition cost, or appraised fair market value, whichever is less, shall be appraised at least every twenty-four (24) months, and shall be sold within ten (10) years after title to the property is acquired. Any real estate acquired prior to July 1, 1992 shall be carried on the bank's books at the lower of the bank's book value for that property as of July 1, 1992 or appraised value.

 

(i) Repealed by Laws 1992, ch. 46, 2.

 

(ii) Repealed by Laws 1992, ch. 46, 2.

 

(c) If any real estate is not sold within the time required in this section, it shall not thereafter be carried as an asset of the bank. This section shall not apply to real estate purchased with funds other than the capital and resources of the banking business nor to real estate held in trust.

 

(d) Any bank acquiring any real estate in any manner other than as provided by this section shall immediately charge it to a reserve for losses or to undivided profits.

 

(e) Any appraisal required under subsection (b) of this section for property which is carried on the bank's books at a value equal to or exceeding fifty thousand dollars ($50,000.00) shall be conducted by a real estate appraiser certified or licensed by the state in which the property is located, who is not an officer or director of the bank and whose reports are acceptable to the state banking commissioner.

 

(f) Any appraisal required under subsection (b) of this section may be waived by the state banking commissioner upon written application from the bank.

 

13-3-202. Investment in stock of other corporations.

 

(a) No bank shall invest any of its assets in the capital stock of any other corporation except as follows:

 

(i) In the capital stock of a federal reserve bank;

 

(ii) In stock acquired to save a loss on a preexisting debt which shall be sold within twelve (12) months from the date acquired unless a longer period of time is permitted by the state banking commissioner;

 

(iii) In the stock of a small business investment company as defined by the federal Small Business Investment Act of 1958 as amended;

 

(iv) In the stock of the federal national mortgage association;

 

(v) In the stock of a corporation formed solely for the purpose of making agricultural loans and borrowing or discounting loans from banks and associations of the farm credit system as authorized in the Farm Credit Act of 1971 (P.L. 92-181), subject to such conditions and limitations as the state banking commissioner may prescribe;

 

(vi) In the stock of a bank service corporation pursuant to W.S. 13-9-101;

 

(vii) In mutual fund shares whose underlying securities consist solely of obligations of the United States treasury or other federal agency obligations which are unconditionally guaranteed by the United States government;

 

(viii) In the stock of a federal home loan bank established under the Federal Home Loan Bank Act;

 

(ix) In the stock of an operating subsidiary in accordance with W.S. 13-3-204;

 

(x) In the stock of a bank engaged exclusively in providing services to state or national banks or their subsidiary corporations, bank holding companies or their subsidiary corporations, or other financial institutions, hereinafter referred to as a "banker's bank," subject to the following limitations:

 

(A) The investing bank may not acquire or retain ownership, control or power to vote more than five percent (5%) of any class of voting stock or securities of a banker's bank; and

 

(B) The investing bank may not invest in a banker's bank more than ten percent (10%) of its capital stock and paid in and unimpaired surplus.

 

13-3-203. Borrowing.

 

(a) A bank may borrow on and pledge assets of the bank as security for temporary purposes. If it appears that any bank is habitually borrowing for the purpose of reloaning the state banking commissioner may require the bank to pay off the borrowed money. A bank is not prevented from rediscounting in good faith and endorsing any of its negotiable notes.

 

(b) Repealed by Laws 1992, ch. 46, 2.

 

(c) No bank shall sell or rediscount "without recourse" any notes or other negotiable securities on which the bank is in any way liable under purchase or guarantee agreements and any purchaser of notes or negotiable securities purchased "without recourse" shall look to the maker or guarantor of the notes or negotiable securities only for payment.

 

(d) Any bank may borrow money from a federal reserve bank or federal home loan bank in the manner required by the rules, laws and regulations of the federal reserve banks or federal home loan bank, as applicable. A bank borrowing pursuant to this section may pledge assets of the bank as security for the borrowing.

 

(e) Repealed by Laws 1992, ch. 46, 2.

 

(f) State chartered banks may engage in other borrowing activities subject to approval of the commissioner.

 

13-3-204. Operating subsidiaries; application; fee; new activities.

 

(a) With prior written approval of the commissioner, a bank may purchase for its own account the stock in a corporation to perform functions that are authorized for the bank or that are usual or incidental to the business of banking, subject to the following conditions:

 

(i) The bank shall own or control eighty percent (80%) or more of the voting stock of the subsidiary corporation;

 

(ii) No officer, director or shareholder of the bank or any person in a substantially similar controlling or governing position of its bank holding company shall otherwise have a direct or indirect pecuniary interest in the subsidiary corporation;

 

(iii) All transactions between the bank and the subsidiary shall be subject to any limitations and restrictions applicable under the laws of this state and the United States;

 

(iv) All provisions of banking law applicable to the operations of the bank shall apply equally to the operations of the subsidiary;

 

(v) Each subsidiary shall be subject to examination and supervision by the commissioner in the same manner and to the same extent as the bank. If the commissioner determines the subsidiary is violating any applicable law or that operation of the subsidiary is adversely affecting the safety and soundness of the bank, the commissioner may order the bank to dispose of all or any part of the subsidiary upon such terms as the commissioner deems appropriate or take any other appropriate administrative action authorized in this act.

 

(b) The bank shall file an application for permission to operate a subsidiary with the commissioner, together with an application fee of seven hundred dollars ($700.00). The fee shall be deposited as provided in W.S. 13-2-210(b) and may be expended as provided in that subsection. The application shall include:

 

(i) The name and location of the subsidiary and the date the subsidiary will commence operations;

 

(ii) A description of the activities and nature of the business to be conducted at the subsidiary; and

 

(iii) A description of the nature of the bank's investment in the subsidiary.

 

(c) The commissioner shall approve the application and issue a certificate of authority to operate the subsidiary to the bank within twenty (20) days after receipt of the completed application and fee unless the commissioner finds:

 

(i) The proposed activity or activities to be performed at the subsidiary are not activities the bank is authorized to perform and are not activities that are usual or incidental to the business of banking; or

 

(ii) Operation of the subsidiary will adversely affect the safety and soundness of the bank.

 

(d) With the prior approval of the commissioner, an approved subsidiary of a bank may engage in a new activity. The bank shall file a written application for approval of the new activity with the commissioner in the form prescribed by the commissioner. The commissioner shall approve the application in writing no later than twenty (20) days after receipt of the application if the commissioner finds that the proposed new activity is an activity that is authorized for the bank or is usual or incidental to the business of the bank and the proposed new activity will not adversely affect the safety and soundness of the bank.

 

(e) Nothing in this section shall prohibit a bank from establishing and operating a subsidiary in a state other than Wyoming, provided that the bank complies with all applicable provisions of Wyoming law, the law of the state where the subsidiary will be located and federal law.

 

ARTICLE 3 - ACCOUNTING PRACTICES

 

13-3-301. Losses to be charged to surplus fund.

 

Any losses sustained by a bank in excess of its undivided profits shall be charged to its surplus fund. The surplus fund shall subsequently be reimbursed from earnings. No dividends shall be declared or paid by any bank in excess of one-half (1/2) of its net earnings until the surplus fund is fully restored to its former amount or an amount equal to one hundred percent (100%) of the paid up capital.

 

13-3-302. Bad debts.

 

All demand and matured debts due to any bank on which interest has not been paid for a period of at least twelve (12) months, unless in the judgment of the state banking commissioner the debts are well secured or are in the process of collection, are bad debts and shall be charged in whole or in part to the reserve for losses or to undivided profits upon instructions of the state banking commissioner or any duly appointed examiner.

 

13-3-303. Value of stocks held.

 

All investments in any bank in stocks of any corporation authorized by W.S. 13-3-202 shall be entered on the books of the bank at a sum not to exceed the actual cost to the bank. The state banking commissioner may require an asset to be charged down to its actual value.

 

13-3-304. Dividends.

 

(a) The board of directors may, quarterly, semiannually or annually, declare a dividend of so much of the net profits of the bank as they judge proper, except that no dividends shall be declared until the surplus fund of the bank equals its common capital unless there has been carried to the surplus fund not less than ten percent (10%) of the bank's net profits of the preceding six (6) consecutive months in the case of quarterly or semiannual dividends, or not less than ten percent (10%) of its net profits of the preceding twelve (12) consecutive months in the case of annual dividends. For the purposes of this section, any amounts paid into a fund for the retirement of any preferred stock of any bank out of its net profits for such period are deemed to be additions to its surplus fund if, upon retirement of the preferred stock, the amounts paid into the retirement fund may then properly be carried to surplus. In such case, the bank is obligated to transfer to surplus the amounts paid into the retirement fund on account of the preferred stock as the stock is retired.

 

(b) The approval of the state banking commissioner is required if the total of all dividends declared by the bank in any calendar year shall exceed the total of its net profits of that year combined with its retained net profits of the preceding two (2) years, less any required transfers to surplus or a fund for the retirement of any preferred stock.

 

(c) For the purpose of this section:

 

(i) "Net profits" means the net income or loss reported by a bank in its report of condition and income;

 

(ii) "Retained net profits" for any period shall be equal to the net income or loss reported in the report of condition and income less any common or preferred stock dividends declared or otherwise charged to the undivided profits of the period for which the retained net profits are computed.

 

(d) No dividend shall be declared by the board of directors of any bank which is operating under any form of regulatory action without prior written approval of the state banking commissioner.

 

ARTICLE 4 - RESTRICTED TRANSACTIONS

 

13-3-401. Real estate loans.

 

(a) Any bank may make real estate loans upon real estate secured by a mortgage, deed of trust or other instrument of similar security which comprises a lien upon the secured property. A bank may make a real estate loan or purchase these obligations in whole or in part at any time prior to the maturity of the obligation if the participation interest of the bank is adequately protected by the terms of the participation agreement.

 

(b) Real estate loans may be made in an amount not to exceed ninety percent (90%) of the appraised value of the real estate offered as security for a term not longer than thirty (30) years if the loan is secured by an instrument under the terms of which the installment payments are sufficient to amortize the entire principal of the loan within the period ending on the maturity. Any loan may also be made in an amount not to exceed ninety-five percent (95%) of the appraised value of the real estate offered for security if the amount of the loan in excess of ninety percent (90%) is insured by a mortgage insurance corporation authorized to transact business within the state of Wyoming.

 

(i) Repealed by Laws 1983, ch. 20, 2.

 

(ii) Repealed by Laws 1983, ch. 20, 2.

 

(iii) Redesignated by Laws 1983, ch. 20, 1.

 

(c) The restrictions of this section shall not prevent the renewal or extension of loans previously made nor apply to liens on real estate taken to secure a debt previously contracted in good faith and real estate loans to the extent that the loans are insured or guaranteed by an agency of the federal government for the payment of the obligations of which the full faith and credit of the United States is pledged. Any loans so insured or guaranteed, in whole or in part, may be made for the same period of time for which the guarantee may be made.

 

(d) Repealed By Laws 1996, ch. 54, 1.

 

(e) Repealed by Laws 1992, ch. 46, 2.

 

(f) The restrictions of this section shall not apply to real estate loans originated for the purpose of sale without recourse to a financially responsible third party within a reasonable time.

 

13-3-402. Individual indebtedness limitations; generally.

 

(a) Except as otherwise provided, no bank shall permit any person, firm, partnership, association or corporation to become indebted at any time to the bank in an amount exceeding twenty percent (20%) of the amount of the capital stock of the bank actually paid in and unimpaired plus twenty percent (20%) of its unimpaired surplus fund plus twenty percent (20%) of its unimpaired undivided profits.

 

(b) As used in this section, W.S. 13-3-403 and 13-3-404, "loans or extensions of credit", "indebted" and "obligations" means the direct liability of the maker or acceptor of paper discounted with or sold to a bank and includes, but are not limited to, outstanding letters of credit and unfunded commitments. Indebtedness of a partnership includes the obligations of the several members thereof individually and indebtedness of a corporation includes all obligations of all subsidiaries thereof in which the corporation owns or controls a majority interest.

 

(c) The board of directors shall review and give prior approval for all combinations of indebtedness of affiliated persons, firms, partnerships, associations or corporations which exceed the limits permitted by subsection (a) of this section. For purposes of this section "affiliated" means that twenty-five percent (25%) or more of each entity is owned or controlled by a common principal.

 

13-3-403. Individual indebtedness limitations; exceptions generally.

 

(a) The limitation of W.S. 13-3-402 does not apply to the following:

 

(i) Repealed by Laws 1992, ch. 46, 2.

 

(ii) Repealed by Laws 1992, ch. 46, 2.

 

(iii) Repealed by Laws 1992, ch. 46, 2.

 

(iv) Obligations in the form of banker's acceptances of other banks;

 

(v) Loans or extensions of credit secured by a segregated deposit account in the lending bank, if a security interest has been perfected in the assigned account and, in the case of a deposit eligible for withdrawal prior to the maturity of the secured loan, the bank has established internal procedures which will prevent the release of the security;

 

(vi) Loans or extensions of credit secured by certificates of indebtedness, bonds, notes or treasury bills of the United States or by other debts fully guaranteed as to principal and interest by the United States government. Collateral values shall fully secure the loan or extension of credit at current market value, provided that should market value decline below that of the loan or extension of credit, that within ten (10) days of that decline, the limitations of W.S. 13-3-402 will then apply;

 

(vii) Loans or extensions of credit made in connection with a lender credit card, as defined in W.S. 40-14-140(a)(ix) not exceeding five thousand dollars ($5,000.00).

 

(b) Repealed by Laws 1992, ch. 46, 2.

 

(c) Repealed by Laws 1992, ch. 46, 2.

 

(d) Repealed By Laws 1998, ch. 106, 2.

 

13-3-404. Individual indebtedness limitations; exceptions generally; federal obligations.

 

(a) W.S. 13-3-402 and 13-3-403 do not restrict the making of loans in excess of the limitations to the extent that the repayment of principal and interest is:

 

(i) An obligation of the United States;

 

(ii) An obligation of entities in which national banks are authorized to invest as established by rule and regulation of the commissioner; or

 

(iii) Guaranteed or insured by any agency of the federal government for the payment of the obligations of which the full faith and credit of the United States is pledged. These commitments shall be unconditional and shall be performed by payment of cash or its equivalent within three (3) months after demand.

 

13-3-405. Acceptance of drafts and bills of exchange.

 

(a) Drafts or bills of exchange, drawn upon a bank having not more than six (6) months' sight to run, may be accepted by a bank. Letters of credit may be issued by a bank only if they are based upon actual commercial or agricultural transactions.

 

(b) No bank shall accept drafts or bills of exchange or issue letters of credit for any one (1) person or entity to an amount equal at any time in the aggregate to more than twenty percent (20%) of its paid up and unimpaired capital and surplus plus twenty percent (20%) of its unimpaired undivided profits unless the bank is secured either by attached documents or by some other actual security growing out of the same transaction. The aggregate amount of acceptances of letters of credit to any one (1) person or entity shall not at any time exceed the paid-up unimpaired capital and surplus and unimpaired undivided profits of the bank.

 

ARTICLE 5 - RECORDS

 

13-3-501. Retention generally.

 

Each bank in this state shall retain its business records for the periods prescribed by W.S. 13-3-501 through 13-3-507. W.S. 13-3-501 through 13-3-507 apply to national banks and trust companies where not in conflict with federal law, rule or regulation.

 

13-3-502. Permanent records.

 

Each bank shall permanently retain the minute books of meetings of its stockholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger (or the record kept by the bank in lieu thereof), its daily statements of condition and all records which the state banking commissioner requires to be retained permanently.

 

13-3-503. Records retained 3 years.

 

All bank records pertaining to other parties such as safekeeping and escrow records shall be retained for three (3) years after the completion of the transactions pertaining to the records.

 

13-3-504. Requirements of state banking commissioner.

 

All other bank records shall be retained for the periods prescribed by the state banking commissioner.

 

13-3-505. State banking commissioner to issue rules.

 

(a) The state banking commissioner shall issue rules classifying records kept by banks and prescribing the periods for which records of each class shall be retained. The rules shall be reviewed and considered for revision at least once every five (5) years. When issuing rules the state banking commissioner shall consider:

 

(i) Actions and administrative proceedings in which the production of bank records might be necessary or desirable;

 

(ii) State and federal statutes of limitation applicable to actions or proceedings;

 

(iii) The availability of information contained in bank records from other sources;

 

(iv) Other matters pertinent to the interests of bank customers, shareholders and the people of the state of Wyoming.

 

13-3-506. Duty to produce.

 

After the period prescribed for the retention of records of its class the bank has no duty to produce the record in any action or proceeding if the records have been disposed of.

 

13-3-507. Reproduction.

 

Any bank may cause any of its records including those held by it as a fiduciary, to be photographed, microfilmed or otherwise reproduced in permanent form. Any photograph or reproduction has the same effect as the original and shall be admitted in evidence in lieu of the original.

 

ARTICLE 6 - CERTIFIED CHECKS; NONPAYMENT OF INSTRUMENT

 

13-3-601. Renumbered as 2-1-203 by Laws 1979, ch. 142, 3.

 

13-3-602. Certified checks.

 

The amount of any check certified shall immediately be charged to the drawer's account and credited to a certified check account from which the check is payable.

 

13-3-603. Nonpayment of instrument when person influenced by alcohol or drugs.

 

Any bank may refuse to pay any check, draft or order upon it if the officers or owners of the bank have reason to believe that the person signing or endorsing the instrument is or was so under the influence of alcohol or drugs as to make it doubtful whether the person is or was capable of transacting business at the time of signing or endorsing the instrument. No cause of action accrues against the bank by reason of the refusal of a bank or officer to pay an instrument under this section.

 

ARTICLE 7 - REPORTS AND EXAMINATIONS

 

13-3-701. Reports to state banking commissioner.

 

(a) Repealed By Laws 1998, ch. 64, 2.

 

(b) Repealed By Laws 1998, ch. 64, 2.

 

(c) Repealed By Laws 1998, ch. 64, 2.

 

(d) The state banking commissioner may call for special reports verified under oath from any bank at any time as necessary to inform the state banking commissioner of the condition of the bank.

 

(e) All reports required of financial institutions by the commissioner under this act and all materials relating to examinations of financial institutions under this act shall be subject to the provisions of W.S. 9-1-512.

 

13-3-702. Inspection of banks; fees.

 

(a) Every bank is subject to the inspection of the state banking commissioner. The state banking commissioner or a duly appointed examiner shall visit and examine each bank as often as the commissioner deems necessary and at least as frequently as required by the federal deposit insurance corporation, with or without previous notice to the officers of or anyone interested in the bank. The state banking commissioner or a duly appointed examiner shall make a complete and careful examination of the condition and resources of the bank, the mode of managing bank affairs and conducting its business, the action of bank officers and directors in the investment and disposition of bank funds, the safety and prudence of bank management, the security afforded to those by whom bank engagements are held, whether the requirements of this act are being complied with and such other matters as the state banking commissioner may prescribe. If the state banking commissioner examines a bank more than twice in any calendar year, the bank shall pay to the state banking commissioner an additional fee of fifty dollars ($50.00) per examiner per day and actual expenses of each examiner.

 

(b) Repealed by Laws 1994, ch. 14, 2.

 

(c) On or before January 31 and July 31 each bank shall compute and pay supervisory fees to the state banking commissioner based on the total asset base of the bank as of the preceding December 31 and June 30 respectively. The supervisory fees are to provide for the general administration and operating costs of the office of the state banking commissioner for the administration of the laws and regulations governing the banking industry generally. Such fees shall be established by regulation of the state banking commissioner and shall be adjusted by regulations issued by the state banking commissioner to assure consistency with the cost of supervision and the fees paid by national banks. Other fees assessed for administrative services caused by applications or activities attributable to a specific financial institution or entity, shall be used to defray the cost of the special services and, to the extent possible, shall be recovered from the financial institution or entity which requires the special service.

 

13-3-703. Exchange with federal deposit insurance corporation and federal reserve system authorized.

 

(a) The state banking commissioner may accept examinations of banks by or reports to the federal deposit insurance corporation or federal reserve system in lieu of examinations or reports required by this act.

 

(b) The state banking commissioner may furnish copies of reports from and examinations of banks under state supervision and information possessed by the state banking commissioner with reference to the conditions of affairs of banks to the federal deposit insurance corporation or federal reserve system.

 

(c) The provisions of this section are in addition to other provisions of this act which authorize the commissioner to receive examination or other reports or share examination or other reports with other bank supervisory agencies.

 

13-3-704. Repealed By Laws 1999, ch. 42, 3.