Title 26 — BANKS AND BANKING

26-1024. Disposition of assets remaining after payment of claims. Whenever the director has paid to each and every depositor and creditor of such bank whose claims shall have been duly approved and allowed as herein provided, the full amount thereof, and shall have made provision…

26-1025. Borrowing money to facilitate liquidation or reopening of bank. The director of the department of finance, when he deems it to be for the best interest of the depositors of any closed bank, shall be and hereby is authorized and empowered in his official capacity, without…

26-1026. Reopening of bank — Unsecured depositors and creditors — Acceptance of plan — Certificate of approval. Whenever the director of the department of finance believes it to be for the best interest of the unsecured depositors and creditors of any bank that any proposed plan …

26-1027. Public funds on deposit — Joinder of official in plan — Bonds securing deposits unaffected. Public officers and governing boards having control of public funds on deposit in any such bank are authorized to join in any plan approved as provided in section 26-1026, Idaho C…

26-1101. Administration — Rules and powers. (1) Every bank and bank holding company shall be subject to the inspection and supervision of the director of the department of finance as provided in this act. (2) The director may from time to time promulgate, amend and rescind rules …

26-1102. Examination by department. (1) The director may examine no less often than once in eighteen (18) months, and more frequently whenever he shall deem it necessary, all records and other documents in the possession of or relating to the bank, bank trust department including…

26-1103. Refusal to submit to examination. Whenever any officer, director or employee of any bank or any data processor or other person or company having custody of books or records of any bank shall refuse to submit the books, papers and concerns of such bank to the inspection o…

26-1104. Fees. (1) On January 15 of each year, the director shall fix and collect from each state bank a fee based upon the amount of the total assets of the bank as of December 31 of the preceding calendar year, which fees shall not exceed the amounts set forth in the following …

26-1105. Directors to be advised of conditions. The department of finance shall, after each examination, address a letter to the president or chairman of the board of directors, calling attention to the condition of the bank at the time of examination. Such letter from the depart…

26-1106. Reports of bank. Every bank shall make to the department of finance not less than three (3) reports during each calendar year at such times as reports are called for by the director. The department of finance shall prescribe the form of such reports and they shall be sig…

26-1107. Reports — Duties of department of finance. The department of finance shall receive and place on file in the office of the department the reports to be made by the banks under this act and shall prepare and furnish, on demand, to all the banks required to report blank for…

26-1109. Books and accounts. Whenever it appears to the department of finance that any bank does not keep books and accounts in such manner as to enable it to readily ascertain the true condition of such bank, or that such books and accounts are not kept in a manner which will mi…

26-1110. Proof that services performed will be subject to regulation and examination. No bank subject to examination by the department of finance may cause to be performed, by contract or otherwise, any bank services for itself, whether on or off its premises, unless assurances s…

26-1111. Records not public. (1) The department of finance shall keep proper books and records of all regulatory acts, matters and things done by it under the provisions of chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 18, 21, 26, 32, 33, 34, 35, 36 and 37, title 26, Idaho Code…

26-1112. Penalty for disclosure of confidential information. (1) Neither the department of finance, its director nor its employees shall disclose to any person or agency any fact or information obtained in the course of business of the department under this act, except in the fol…

26-1113. Impairment of capital — Assessment. Notwithstanding any law of this state to the contrary, the stock of a bank chartered by the state of Idaho shall be assessable. Whenever the director has reason to believe that the capital and surplus of any bank is impaired or reduced…

26-1114. Suspension or removal of directors, officers or employees — prohibition of future employment. (1) The director of the department of finance may issue a written order suspending or removing a director, officer or employee of a bank, bank holding company or trust instituti…

26-1115. cease and desist orders — penalties. (1) If the director of the department of finance finds that any bank, bank holding company or trust institution has engaged or is about to engage in an unsafe or unsound practice in conducting the business of such bank, bank holding c…

26-1116. civil enforcement. Whenever it appears to the director that any bank, bank holding company or trust institution has engaged or is about to engage in an unsafe or unsound practice in conducting the business of such bank, bank holding company or trust institution, or any p…

26-1201. Unauthorized banking. It shall be unlawful for any person to engage in soliciting, receiving or accepting money or its equivalent on deposit as a regular business whether such deposit, however evidenced, is made subject to check or draft or other order unless such activi…

26-1202. unauthorized use of name — waiver by director. (1) With the exception of the persons defined in subsection (2) of this section, no person may advertise or transact business in this state under a name or title that contains the word "bank," "banker," "bancorp," "savings b…

26-1203. False statements regarding banks and trust companies — Penalty. Any person who shall willfully and maliciously make, circulate or transmit to another or others any false statement, rumor, or suggestion, written, printed or by word of mouth, which is directly or by infere…

26-1204. False statements regarding banks and trust companies — Civil remedies. (1) It is unlawful for any person to make, circulate or transmit to another or others any false statement, rumor, or suggestion, written, printed or by word of mouth, which is directly or by inference…

26-1206. Penalty for unlawful hypothecation of assets. Any officer or employee of any bank or the bank holding company owning or controlling the bank, doing business in this state who, except in the manner authorized by law or the contract of the parties, hypothecates, pledges or…

26-1207. Concealment of loans and discounts. Any officer or employee of any bank or the bank holding company owning or controlling the bank who intentionally conceals from the director of the department of finance or the directors of the bank or a committee thereof, the purchase …

26-1208. False reports or entries. Any director, officer, or employee of any bank or bank holding company who shall willingly and knowingly subscribe to or make or cause to be made any false statement or false entry on the books or in any report or statement of the bank or bank h…

26-1210. Bank officers and directors to report felonies. It shall be the duty of every officer or director of any bank to report promptly every violation or apparent violation of any of the banking laws of this state which is defined as a felony under the laws of this state, of w…

26-1211. Misleading advertising. No bank or bank holding company or any officer thereof shall advertise in any manner which is misleading, false or deceptive. Any bank violating the provisions of this section shall be subject to the provisions of section 26-1115, Idaho Code.

26-1212. Loans to officials of department prohibited. It shall be unlawful for the department of finance, its director or employees engaged in bank examination or supervision, to borrow money directly or indirectly from any state bank, or director or official of a state bank. Any…

26-1213. Commission for making loans. No officer, director or employee of any bank or the bank holding company owning or controlling the bank shall demand, accept or receive, directly or indirectly, any commission or other consideration on account of the making, extension, or ren…

26-1214. Overdrafts. Any officer or employee of any bank who shall pay out the funds of any bank upon the check, order or draft of any individual, firm, corporation or association, which has not on deposit with such bank a sum equal to such check, order or draft shall be personal…

26-1215. Penalty for officer overdrawing account. Any director, officer or employee of any bank or the bank holding company owning or controlling the bank who knowingly and consistently overdraws his or her account, or any officer or employee who allows such an overdraft shall be…

26-1216. Carrying as asset property not actually owned. It shall be unlawful for any bank or bank holding company to carry as an asset any note, obligation or security which is not the property of the bank or bank holding company; and any officer or employee of any such bank or b…

26-1217. Penalty for neglect to open. Any bank which fails to open for business within one (1) year after the date from which its charter was issued shall, unless the time is extended by the director of the department of finance, be deemed to have forfeited the charter and its ri…

26-1218. Notes for stock subscription illegal. It shall be unlawful for the officers or directors of the banking corporation to accept the note of any subscriber or stockholder in payment or part payment of the par value of the common stock, surplus or undivided profits.

26-1219. Advertising branches. It shall be unlawful for any bank to advertise that a branch office will be established or available for bank customers until a branch charter has been issued by the director for that branch office under the provisions of chapter 3, title 26, Idaho …

26-1220. Illegal data processing activities. It shall be unlawful for any person to introduce fraudulent records or data into the computer system of a bank or to use the computer related facilities of a bank without the proper authorization, or to alter or destroy information or …

26-1401. Definitions. In this chapter: (1) "Affiliated bank," with respect to a trust company or another bank, means any bank: (a) That owns, directly or indirectly, eighty percent (80%) or more of the voting stock of such trust company or other bank; or (b) Eighty percent (80%) …

26-1402. Transfer of fiduciary capacities to an affiliated bank or an affiliated trust company. (1) A bank or trust company may transfer some or all of its fiduciary capacities to an affiliated bank or an affiliated trust company. To accomplish such a transfer, the bank or trust …

26-1403. Transfers of fiduciary capacities not prohibited by section 68-107, Idaho Code. No transfer of fiduciary capacities pursuant to the provisions of this chapter shall be deemed to be a transfer or delegation prohibited by the provisions of section 68-107, Idaho Code.

26-1404. Compliance and approval with financial institution acquisition act required. No out-of-state financial institution or out-of-state financial institution holding company shall be allowed to join in an application for transfer of fiduciary capacities pursuant to the provis…

26-1501. Office location. (a) Nothing in the laws of this state shall prohibit a bank from maintaining an authorized branch office, customer bank communication terminal or other authorized office at the same location as an authorized office of another bank or a savings and loan a…

26-1601. Short title. This chapter shall be known, and may be cited as the "Idaho Interstate Branching Act."

26-1602. Statement of purpose. It is the policy of the state of Idaho to allow out-of-state banks, chartered either by other states or by the federal government, to branch within the state of Idaho on the terms and conditions set out in this chapter, chapter 3, title 26, Idaho Co…

26-1603. Definitions. As used in this chapter, and unless the context otherwise requires: (1) "Home state" means: (a) With respect to a state chartered bank, the state from which the bank received the charter under which it operates; (b) With respect to a national bank, the state…

26-1604. Merger and branching approval. (1) A bank whose home state is a state other than Idaho may acquire control of, acquire all or part of the assets of, or merge with a bank whose home state is Idaho. Except as authorized in this chapter, chapter 3, title 26, Idaho Code, or …

26-1605. Conditions. (1) The director shall not approve the acquisition of a bank, the home state of which is Idaho, if the statutes of the home state of the acquiring bank would not expressly allow a bank chartered in this state to acquire a bank in such state. (2) Upon notifica…

26-1606. Deposit concentrations. (1) There shall be under the Idaho bank act, including this chapter and chapter 26, title 26, Idaho Code, no deposit cap or concentration limit in Idaho. (2) The director may, by order, waive any federal deposit concentration limit that has the ef…

26-1701. Title and scope. (1) This chapter shall be known, and may be cited as the "Idaho International Banking Act." (2) This chapter is intended to set forth the terms and conditions under which an international banking corporation may enter and do business in Idaho.

26-1702. Definitions. (1) As used in this chapter, unless the context otherwise requires: (a) "Director" means the director of the department of finance. (b) "Federal international bank institutions" means a branch, agency, or representative office of an international banking cor…