Written protest — Filing fee — Hearing and decision on charter application

Ark. Code Ann. § 23-51-408 — under ARKANSAS TRUST INSTITUTIONS ACT OF 2025.

Ark. Code Ann. § 23-51-408

(a) (1) A person shall not appear in opposition to an application for a charter for a state trust company unless the person has filed an official protest to the granting of the application within thirty (30) days of the date of the notice of the filing of the application.(2) The protest filed under subdivision (a)(1) of this section shall:(A) Be in writing;(B) State the grounds for objection; and(C) (i) Be accompanied by a filing fee of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000) for each protestant.(ii) The amount of the filing fee under subdivision (a)(2)(C)(i) of this section is set by rule promulgated by the Bank Commissioner.

(1) A person shall not appear in opposition to an application for a charter for a state trust company unless the person has filed an official protest to the granting of the application within thirty (30) days of the date of the notice of the filing of the application.

(2) The protest filed under subdivision (a)(1) of this section shall:(A) Be in writing;(B) State the grounds for objection; and(C) (i) Be accompanied by a filing fee of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000) for each protestant.(ii) The amount of the filing fee under subdivision (a)(2)(C)(i) of this section is set by rule promulgated by the Bank Commissioner.

(A) Be in writing;

(B) State the grounds for objection; and

(C) (i) Be accompanied by a filing fee of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000) for each protestant.(ii) The amount of the filing fee under subdivision (a)(2)(C)(i) of this section is set by rule promulgated by the Bank Commissioner.

(i) Be accompanied by a filing fee of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000) for each protestant.

(ii) The amount of the filing fee under subdivision (a)(2)(C)(i) of this section is set by rule promulgated by the Bank Commissioner.

(b) Once the written report of investigation under § 23-51-407 has been completed, the commissioner may establish a time for a hearing on the charter application.

(c) Notice of the time, place, and purpose of the hearing under subsection (b) of this section shall be given at least thirty (30) days before the hearing, as follows:(1) By letter from the commissioner to the organizers of the proposed state trust company and to each trust institution to which the organizers of the application are required to give written notice under § 23-51-407(a);(2) By letter from the commissioner to each person who has filed an official protest against the application for a charter for a state trust company with the commissioner, provided that if a group of persons has protested the application, the notice may be given to one (1) member of the group; and(3) By release to news media.

(1) By letter from the commissioner to the organizers of the proposed state trust company and to each trust institution to which the organizers of the application are required to give written notice under § 23-51-407(a);

(2) By letter from the commissioner to each person who has filed an official protest against the application for a charter for a state trust company with the commissioner, provided that if a group of persons has protested the application, the notice may be given to one (1) member of the group; and

(3) By release to news media.

(d) (1) If the commissioner sets a hearing under subsection (b) of this section, the commissioner shall conduct a public hearing.(2) The commissioner may conduct as many prehearing conferences and opportunities for discovery as the commissioner considers necessary.

(1) If the commissioner sets a hearing under subsection (b) of this section, the commissioner shall conduct a public hearing.

(2) The commissioner may conduct as many prehearing conferences and opportunities for discovery as the commissioner considers necessary.

(e) (1) Based on the record of a hearing conducted under subsection (d) of this section, the commissioner shall:(A) Determine whether or not all of the necessary conditions stated in § 23-51-406(b) have been established; and(B) Enter an order granting or denying the charter for a state trust company.(2) The commissioner may make approval of any application conditional and shall include any conditions in the order granting the charter.

(1) Based on the record of a hearing conducted under subsection (d) of this section, the commissioner shall:(A) Determine whether or not all of the necessary conditions stated in § 23-51-406(b) have been established; and(B) Enter an order granting or denying the charter for a state trust company.

(A) Determine whether or not all of the necessary conditions stated in § 23-51-406(b) have been established; and

(B) Enter an order granting or denying the charter for a state trust company.

(2) The commissioner may make approval of any application conditional and shall include any conditions in the order granting the charter.