Title 28, FINANCIAL INSTITUTIONS

Sec. 13. As used in this chapter, "home state regulator" means, with respect to an out-of-state state bank, the bank supervisory agency of the state in which such bank is organized or reorganized. As added by P.L.171-1996, SEC.37.

Sec. 14. As used in this chapter, "host state" means a state, other than the home state of a bank, in which the bank: (1) maintains; or (2) seeks to establish and maintain; a branch. As added by P.L.171-1996, SEC.37.

Sec. 15. As used in this chapter, "Indiana state bank" means a bank organized or reorganized under the laws of Indiana. As added by P.L.171-1996, SEC.37.

Sec. 16. As used in this chapter, "out-of-state bank" means a bank whose home state is a state other than Indiana. As added by P.L.171-1996, SEC.37.

Sec. 17. As used in this chapter, "out-of-state state bank" means a bank organized or reorganized under the laws of any state other than Indiana. As added by P.L.171-1996, SEC.37.

Sec. 18. As used in this chapter, "state" means any of the following: (1) Any state of the United States. (2) The District of Columbia. (3) Puerto Rico. (4) Guam. (5) American Samoa. (6) The Trust Territory of the Pacific Islands. (7) The Virgin Islands. (8) The Northern Mariana …

Sec. 19. (a) With the prior written approval of the department, any Indiana state bank may establish and maintain a de novo branch or acquire a branch in a state other than Indiana. (b) An Indiana state bank that desires to: (1) establish one (1) or more de novo branches; or (2) …

Sec. 2. The definitions set forth in sections 3 through 18 of this chapter apply throughout this chapter, unless a different meaning is required by the context. As added by P.L.171-1996, SEC.37.

Sec. 20. An out-of-state bank that meets the requirements of this chapter may establish and maintain a de novo branch in Indiana. As added by P.L.171-1996, SEC.37.

Sec. 21. An out-of-state bank that meets the requirements of this chapter may establish and maintain a branch in Indiana through the acquisition of a branch. As added by P.L.171-1996, SEC.37.

Sec. 22. An out-of-state bank that desires to: (1) establish and maintain a de novo branch; or (2) acquire a branch in Indiana pursuant to this chapter; shall provide written notice of the proposed transaction to the department not later than the date on which the bank applies to…

Sec. 23. A branch of an out-of-state bank may not be established in Indiana under this chapter unless the out-of-state bank: (1) confirms in writing to the department that it will comply with all applicable laws of Indiana as long as it maintains a branch in Indiana; and (2) prov…

Sec. 24. (a) An out-of-state state bank that establishes and maintains one (1) or more branches in Indiana under this chapter may conduct at the branch or branches only those activities that are expressly authorized under the laws of Indiana for Indiana state banks. (b) An Indian…

Sec. 25. (a) To the extent consistent with subsection (b), the department may make examinations of any branch established and maintained in Indiana pursuant to this chapter by an out-of-state state bank as the department may consider necessary to determine whether the branch is b…

Sec. 26. (a) If the department determines that a branch maintained by an out-of-state state bank in Indiana is being operated: (1) in violation of any provision of Indiana law relating to activities of a bank; or (2) in an unsafe and unsound manner; the department may take all en…

Sec. 27. The department may adopt policies or adopt rules under IC 4-22-2 it determines necessary or appropriate to implement this chapter. As added by P.L.171-1996, SEC.37.

Sec. 28. Each out-of-state state bank that has established and maintains a branch in Indiana pursuant to this chapter, or the home state regulator of the bank, shall give at least thirty (30) days prior written notice, or shorter notice as is consistent with applicable state or f…

Sec. 3. As used in this chapter, "acquisition of a branch" means the acquisition of a branch or branches located in a host state, without engaging in an interstate merger transaction (as defined in IC 28-2-17-15). As added by P.L.171-1996, SEC.37.

Sec. 30. (a) After May 30, 1997, the provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b). (b) If, after May 30, 1997: (1) any provision of this chapter; or (2) the application of a provision of this chapter; is found by any court in the United States …

Sec. 4. (a) Except as provided in subsection (b), as used in this chapter, "bank" has the meaning set forth in 12 U.S.C. 1813(h). (b) Except as provided in subsection (c), the term "bank" does not include any foreign bank (as defined in 12 U.S.C. 3101(7)). (c) The term "bank" inc…

Sec. 5. As used in this chapter, "bank holding company" has the meaning set forth in 12 U.S.C. 1841(a)(1). As added by P.L.171-1996, SEC.37.

Sec. 6. As used in this chapter, "bank supervisory agency" means any of the following: (1) Any agency of another state with primary responsibility for organizing and supervising banks. (2) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, t…

Sec. 7. As used in this chapter, "branch" has the meaning set forth in IC 28-2-13-7. As added by P.L.171-1996, SEC.37.

Sec. 8. As used in this chapter, "control" shall be construed consistently with the provisions of 12 U.S.C. 1841(a)(2). As added by P.L.171-1996, SEC.37.

Sec. 9. As used in this chapter, "department" refers to the department of financial institutions. As added by P.L.171-1996, SEC.37.

Sec. 1. This chapter applies only to a savings bank organized, reorganized, or operating under IC 28-6 (before its repeal) before January 1, 1993. As added by P.L.42-1993, SEC.72.

Sec. 10. If after hearing the matter, the court determines that it will be in the best interests of the depositors and other creditors of the savings bank to liquidate its affairs and dissolve, the liquidation may proceed. As added by P.L.42-1993, SEC.72.

Sec. 11. The decision of the court under section 9 or 10 of this chapter is final. As added by P.L.42-1993, SEC.72.

Sec. 12. (a) During the ten (10) day period after the publication required by section 7 of this chapter, the department may make orders regarding the deposits of the savings bank that the department considers in the best interests of all the depositors and creditors of the saving…

Sec. 13. (a) When the costs and expenses of the liquidation have been fully paid and all the remaining debts and liabilities of the savings bank, including deposits and accrued interest or dividends, if any, have been paid in full, the remaining assets, if any, shall be paid to o…

Sec. 14. (a) Upon completion of the liquidation, the department shall prepare and file a statement of dissolution in the office of the recorder of the county in which the savings bank was located. (b) The statement of dissolution shall contain the following: (1) The name of the s…

Sec. 15. When the statement required by section 14 of this chapter is recorded, the savings bank ceases to exist. As added by P.L.42-1993, SEC.72.

Sec. 2. A savings bank may dissolve itself under this chapter if the board of the savings bank determines it is in the best interest of the depositors and other creditors of the savings bank to dissolve the savings bank. As added by P.L.42-1993, SEC.72.

Sec. 3. (a) To dissolve a savings bank, the board must adopt a resolution of dissolution at a regular meeting or a special meeting of the board called for that purpose. (b) A resolution of dissolution must receive the affirmative vote of at least two-thirds (2/3) of the qualified…

Sec. 4. (a) If the department receives a statement under section 3 of this chapter, the department shall examine the business and affairs of the savings bank and may make additional investigation of the future prospects of the savings bank the department considers necessary. (b) …

Sec. 5. (a) Not later than five (5) days after entry of the order directing the liquidation of the savings bank, the department shall file a copy of the order with the circuit court clerk of the county in which the savings bank is located. (b) Upon the filing of an order under su…

Sec. 6. After the filing of the action under section 5 of this chapter, the court has jurisdiction to hear and determine all issues and matters relating to the liquidation of the savings bank. As added by P.L.42-1993, SEC.72.

Sec. 7. The department shall do the following: (1) Immediately take charge of the business and assets of the savings bank. (2) Give notice of: (A) the department's orders directing the liquidation and dissolution of the savings bank; and (B) the appointment of the department's sp…

Sec. 8. (a) A depositor or other creditor of the savings bank who is aggrieved by the proceedings to liquidate and dissolve the savings bank may oppose the liquidation and dissolution by a petition filed in the court in which the liquidation action was filed under section 5 of th…

Sec. 9. (a) If after hearing the matter, the court determines that it will not be in the best interest of the depositors and other creditors of the savings bank that the savings bank liquidate its affairs and dissolve, the court shall enter an order: (1) directing the department …