AB150-engrossed,1970,224
220.08
(19) (intro.) Segregated trusts heretofore or hereafter created in
25connection with the stabilization and readjustment or reorganization of a bank shall
1be administered and liquidated under the supervision of the
commissioner division 2and the circuit court of the county in which the bank is located.
AB150-engrossed,1970,84
220.08
(19) (b) The administration and liquidation of such trust shall be subject
5to the supervision of the
commissioner division and as far as practicable shall be
6subject to the approval of the circuit court of the county wherein such bank is located
7in the same manner and to the same extent as is the administration of banks in
8liquidation under the provisions of this section.
AB150-engrossed,1970,1610
220.08
(19) (c) The
commissioner
division shall make such examinations of the
11books, records and assets of such trust as the
commissioner division deems necessary
12and shall submit copies of such examinations to the trustees and to the circuit court.
13The cost of such examinations and the cost of the supervision rendered by the
14commissioner division, which cost shall be determined by
said commissioner the
15division, shall be a charge against the trust and shall be paid as an expense of
16administration.
AB150-engrossed,1970,2418
220.08
(19) (d) The trustees of such trust shall be known collectively as "the
19trustees of the segregated trust of (name of bank)" and in that name may sue and be
20sued and perform the duties imposed on them by law and the provisions of the
21agreement or court order creating such trust. A certificate issued by the
22commissioner division shall be sufficient proof of the creation of such trust, of the
23appointment and qualification of the persons named therein to act as trustees and
24of the powers of the trustees.
AB150-engrossed,1971,23
1220.08
(20) In the event the
commissioner division, as statutory receiver of
2closed state banks or in connection with the
commissioner's division's supervision of
3segregated trusts, shall have possession of any funds or property by reason of any
4recovery on an official bond or otherwise, and said funds shall not belong to or be
5attributable to any specific bank or banks in liquidation or to any specific segregated
6trust or trusts and it shall appear that all or a number of banks in liquidation or all
7or a number of the segregated trusts supervised by the
commissioner division or the
8depositors or other creditors of such banks or trusts, may have an interest in such
9funds or property, the
commissioner division may petition the circuit court for Dane
10county for an order directing the disposition of such funds or property. The court,
11upon presentation of such a petition, shall direct the
commissioner division to give
12such notice of hearing thereon, by publication of a class 3 notice, under ch. 985, or
13otherwise, as appears reasonable under the circumstances. The expenses of the
14commissioner division in any such proceeding shall be paid out of such funds or
15property. If it shall appear to the court that the persons to whom such funds or
16property may ultimately belong cannot be found or ascertained or that the expense
17of such ascertainment would in the judgment of the court be excessive or
18unreasonable under all the circumstances, the court shall enter an order directing
19the
commissioner division to transmit such funds or property to the state treasurer
20to become the property of the state. Any person claiming an interest in any such
21funds or property so ordered to be transmitted to the state treasury may within 5
22years after the entry of such order bring suit against the state for recovery thereof
23without interest.
AB150-engrossed,1972,11
1220.08
(20a) After liquidation of the assets of a delinquent bank, any
2remaining assets, including all unknown and undiscovered assets in the custody of
3the
commissioner division, shall, after approval of the circuit court having
4jurisdiction thereof, be retained by the
commissioner who division which is
5authorized and empowered to hold such assets, claims and demands with the full
6right and power to compound, compromise, settle and assign the same with full
7authority to execute and deliver any legal instruments incidental thereto without
8further court approval. Any moneys or proceeds received therefrom shall be paid into
9the general fund of the state of Wisconsin after the
commissioner division has first
10deducted therefrom the costs of the
commissioner's
division's services and other
11expenses incidental thereto.
AB150-engrossed,1972,2213
220.081
(1) The
commissioner of banking division may, in the event of the
14closing of any bank which is a member of the federal deposit insurance corporation
15or the deposits in which are to any extent insured by said corporation, tender to said
16corporation the appointment as statutory receiver of such bank and if the corporation
17accepts said appointment, the corporation shall have and possess all the powers and
18privileges given by the laws of this state to the
commissioner of banking division as
19statutory receiver of a closed bank and be subject to all the duties of the
commissioner 20division as such statutory receiver, except insofar as such powers, privileges, or
21duties are in conflict with the provisions of subsection 1 of section 8 of said banking
22act of 1933, or any other applicable federal laws.
AB150-engrossed,1973,624
220.081
(4) The
commissioner division or the federal deposit insurance
25corporation being in possession of any delinquent bank may, as receiver of such bank
1and upon the order of the circuit court for the county in which such bank is located,
2borrow money from the federal deposit insurance corporation and secure the
3payment of such loan by the mortgage pledge, transfer in trust or hypothecation of
4any or all of the property and assets of such delinquent bank and upon like order may
5sell to said federal deposit insurance corporation any or all of the property and assets
6of such delinquent bank.
AB150-engrossed,1973,15
8220.086 Receiver of delinquent bank may borrow from federal
9government agency; court order. The
commissioner of banking division, having
10taken possession of any delinquent bank, may, as receiver of such bank, and upon the
11order of the circuit court for the county in which such bank is located, borrow money
12from any agency of the federal government, upon such terms and conditions as may
13be satisfactory to such federal agency, and issue evidences of indebtedness therefor,
14and secure the payment of such loan by the mortgage, pledge, transfer in trust, or
15hypothecation of any or all of the property and assets of such delinquent bank.
AB150-engrossed,1974,4
17220.09 Indemnity fund, national bank. Every national bank which has
18been granted a special permit by the federal reserve board to act in a fiduciary
19capacity under the provisions of subsection (k) of section 11, of the federal reserve act
20shall deposit with the state treasurer security, approved by the
commissioner of
21banking division, in the manner which is required of trust company banks organized
22under s. 223.02. Such securities shall be of the same nature as the security
23designated by the provisions of such section for the deposit by trust companies
24organized under the laws of this state. Such national bank, so long as it shall
25continue solvent and comply with the laws of this state applicable thereto, may be
1permitted by the
commissioner division to collect the interest on the security so
2deposited and from time to time withdraw the said securities or any part thereof
3provided that securities or cash of the amount and value required by this section
4shall at all times be maintained on deposit.
AB150-engrossed,1974,15
6220.10 (title)
Books and accounts; commissioner's division's control. 7Whenever it appears to the
commissioner division that any bank does not keep books
8and accounts in such manner as to enable the
commissioner division to readily
9ascertain the true condition of such bank, the
commissioner division may require the
10officers of such bank to open and keep such books or accounts as the
commissioner 11division prescribes for the purpose of keeping accurate and convenient records of the
12transactions and accounts of such bank. Any bank that refuses or neglects to open
13and keep such books or accounts as the
commissioner
division prescribes shall be
14subject to a penalty of $10 for each day it neglects and fails to open and keep such
15prescribed books and accounts.
AB150-engrossed,1974,22
17220.12 Attorney general, duty of. All proceedings by any bank to enjoin the
18commissioner of banking division in the discharge of the
commissioner's division's 19duties shall be had in the county where said bank is located, or in the supreme court
20of this state. All suits and proceedings arising out of the provisions of the banking
21laws, in which the state, or any of its officers or agents shall be parties, shall be
22conducted under the direction and supervision of the attorney general.
AB150-engrossed,1975,2
24220.13 Copies as evidence. Copies of all records and papers
held in the
office
25of the commissioner of banking, division and certified by the
commissioner and
1authenticated by the commissioner's seal of office,
division shall be evidence in all
2cases equally and of like effect as the original.
AB150-engrossed,1975,7
4220.14 (title)
Commissioner's
Division's report. (intro.) The
commissioner 5division shall publish an annual report and submit the report to the governor and
6the chief clerk of each house of the legislature for distribution to the legislature under
7s. 13.172 (2). The report shall:
AB150-engrossed,1975,109
220.14
(1) Exhibit the condition of the various banks of the state as of the day
10of the last report made to the
commissioner division by such banks.
AB150-engrossed,1975,1312
220.14
(7) Give such other information as the
commissioner division deems
13necessary.
AB150-engrossed,1975,17
15220.28 Destruction of obsolete records by state banks. Any state bank
16may destroy or dispose of such of its records as may have become obsolete after first
17obtaining the written consent of the
commissioner of banking division.
AB150-engrossed,1976,419
220.285
(1) Any state bank, trust company bank, licensee under s. 138.09,
20138.12, 218.01, 218.02, 218.04 or 218.05 or ch. 217 or credit union may cause any or
21all records kept by such bank, licensee or credit union to be recorded, copied or
22reproduced by any photostatic, photographic or miniature photographic process or
23by optical imaging if the process employed correctly, accurately and permanently
24copies, reproduces or forms a medium for copying, reproducing or recording the
25original record on a film or other durable material. A bank, licensee or credit union
1may thereafter dispose of the original record after first obtaining the written consent
2of the
commissioner of banking division. This section, excepting that part of it which
3requires written consent of the
commissioner of banking division, is applicable to
4national banking associations insofar as it does not contravene federal law.
AB150-engrossed,1976,106
221.01
(1) Application. Any number of adult persons, citizens of Wisconsin,
7not less than 7 nor more than 20, desiring to associate for the purpose of organizing
8a banking corporation under this chapter, shall make application to the
9commissioner of banking division in such manner as may be prescribed on a form
10furnished by the
commissioner division.
AB150-engrossed,1976,1312
221.01
(2) (e) Such other information as the
commissioner division may
13require.
AB150-engrossed,1977,215
221.01
(3) Notice. Upon receipt by the
commissioner division of such
16application properly executed, the
commissioner division shall, within 5 days,
17forward to the applicants a copy of an official notice of application for authority to
18organize a bank, containing such information as shall make known to the public the
19facts specifically required by statute to be given in the application, and assigning a
20date and place for hearing on the application. The notice shall be published as a class
213 notice, under ch. 985, by the applicants, at their own expense, in the city, village
22or town where the bank is to be located. Proof of publication shall be filed with the
23commissioner division in such form as the
commissioner division requires. The
24commissioner division may waive the requirement of publication herein contained
1where the bank to be organized is to replace, absorb or consolidate one or more
2existing banks.
AB150-engrossed,1977,74
221.01
(4) Fee. The applicants shall pay to the
commissioner of banking 5division a fee of $2,500 together with the actual costs incurred by the
commissioner 6division in making an investigation of the application, which sum shall be paid into
7the state treasury.
AB150-engrossed,1978,39
221.01
(5) Investigation. The
commissioner division shall thereupon ascertain
10at the hearing and from the best sources of information at the
commissioner's 11division's command, and by such investigation as the
commissioner division may
12deem necessary, whether the character, responsibility and general fitness of the
13persons named in such application are such as to command confidence and to
14warrant the belief that the business of the proposed corporation will be honestly and
15efficiently conducted in accordance with the intent and purpose of this chapter; and
16whether public convenience and advantage will be promoted by allowing such bank
17to organize; and the
commissioner division also shall investigate the character and
18experience of the proposed officers, the adequacy of existing banking facilities, and
19the need of further banking capital; the outlook for the growth and development of
20the city, town or village in which such bank is to be located, and the surrounding
21territory from which patronage would be drawn; the methods and banking practices
22of the existing bank or banks; the interest rate which they charge to borrowers; the
23character of the service which they render the community, and the prospects for the
24success of the proposed bank if efficiently managed. Such investigation shall be
25completed within 90 days from the filing
in the office of the commissioner with the
1division of proof of publication and the making of the deposit herein required, but in
2the event a majority of the applicants and the
commissioner division mutually agree
3to it, the time may be extended an additional period of 60 days.
AB150-engrossed,1978,155
221.01
(6) Decision. After completing such investigation the
commissioner 6division shall make a written report to the banking review board stating the results
7of the investigation and the
commissioner's division's recommendation. The board
8shall consider the matter, conducting any necessary hearing, and promptly make its
9decision approving or disapproving the organization of the proposed bank. Such
10decision shall be final except pursuant to s. 220.035 (1) and (3). If approval is given,
11the
commissioner division shall indorse on each of the original applications the word
12"Approved"
over the commissioner's official signature. If disapproved, the
13commissioner division shall indorse the word "Disapproved"
over the commissioner's
14official signature. One of the duplicate originals shall be filed
in the commissioner's
15office with the division and one returned by mail to the applicants.
AB150-engrossed,1979,517
221.01
(10) Certificate of authority. In the event of approval of the
18application for authority to organize a banking corporation, the
commissioner 19division shall issue to the applicants, who shall thereafter be known as the
20corporators, a certificate of authority conferring upon them such powers as are
21incidentally or necessarily preliminary to the organization of a banking corporation.
22These powers shall include the effecting of a temporary organization, consisting of
23a chairperson, a secretary, and a treasurer; the execution and filing of articles of
24incorporation; the making of rules for the procedure of the corporators and the
25conduct of the first meeting of the stockholders; the opening of subscription books for
1stock; the securing of an option on real estate to be used as a banking house; the fixing
2of an amount at which the stock shall be sold; the collection of subscriptions to the
3stock; the selection of a depository for such funds as may be collected; the
4appointment of and acting by any agent or agents, and the compilation of a set of
5bylaws for submission to the stockholders.
AB150-engrossed,1979,237
221.01
(11) Temporary organization. The chairperson of the corporators shall
8preside at all meetings and shall exercise such other duties as ordinarily pertain to
9the position. The secretary shall attend to the correspondence of the corporators,
10shall record fully all proceedings of meetings of the corporators, shall file and
11preserve all documents and papers of the organization, and shall attend to the filing
12of the necessary papers with the
commissioner division. The treasurer shall receive
13all moneys paid in on subscriptions to stock or for other purposes, keep a true account
14thereof, shall deposit such funds in the designated depository, and shall pay such
15valid orders as may be drawn on the treasurer. The corporators shall require a bond
16in a suitable amount from the treasurer, and other officers and agents who may
17handle the funds of the proposed bank. Claims against the organization shall be
18audited by the corporators, and record of action thereon noted in the minutes. If
19ordered paid, an order shall be drawn upon the treasurer and signed by the
20chairperson and secretary. The corporators shall until the completion of the
21organization exercise such other powers as are conferred upon the corporators by the
22statutes relating to other corporations, so far as such powers are not in conflict with
23the limitations of this chapter and are applicable.
AB150-engrossed,1980,10
1221.01
(12) (b) After February 1, 1967, any state bank which does not have fully
2paid-in capital stock in the amount prescribed in par. (a) shall be ordered by the
3commissioner division to increase its capital stock to such amount. The
4commissioner division may, in addition to the
commissioner's division's other powers
5to act against delinquent banks, require any bank failing to comply with such order
6to pay a forfeiture to the
commissioner division of $10 for each day of noncompliance.
7If any bank fails or refuses to pay such forfeiture, the
commissioner division may
8maintain an action for the recovery thereof. This paragraph shall not apply to any
9state bank in which the capital surplus and undivided profits equal or exceed 10%
10of its deposits.
AB150-engrossed,1980,2112
221.01
(12) (c) Any state bank, with the approval of the
commissioner division 13and by vote of stockholders owning two-thirds of the stock of the bank entitled to
14vote, may authorize an increase in the common stock of the bank in the category of
15authorized but unissued stock. Such authorized but unissued stock may be issued
16to employes of the bank pursuant to a stock option or stock purchase plan adopted
17in accordance with par. (d), or in exchange for convertible preferred stock and
18convertible capital debentures in accordance with the terms and provisions of such
19securities. Authorized but unissued stock may also be issued for such other purposes
20and considerations as may be approved by the board of directors of the bank and by
21the
commissioner division.
AB150-engrossed,1981,723
221.01
(12) (d) 1. Any state bank may grant options to purchase, sell or enter
24into agreements to sell shares of its capital stock to its employes, for a consideration
25of not less than 100% of the fair market value of the shares on the date the option is
1granted or, if pursuant to a stock purchase plan, 85% of the fair market value on the
2date the purchase price is fixed, pursuant to the terms of an employe restricted stock
3option plan or an employe stock purchase plan which has been adopted by the board
4of directors of the bank and approved by the holders of at least two-thirds of the
5outstanding shares of the bank entitled to vote and by the
commissioner division.
6Stock options issued hereunder shall not extend beyond a period of 10 years from
7date of issuance and shall otherwise qualify as restricted stock options.
AB150-engrossed,1981,189
221.01
(12) (d) 2. Employe stock options and stock purchase agreements may
10provide that options may be exercisable or that shares may be purchased on any
11business day. A notarized notice specifying the number of shares issued pursuant
12to option and stock purchase plans and the amount paid in therefor shall be executed
13by the president, vice president or cashier of the bank and filed with the
14commissioner division not later than the 10th day of the month following issuance
15and no stock shall be deemed validly issued until the
commissioner division has
16issued a certificate specifying the amount of stock so purchased, the purchase price
17thereof having been duly paid into the capital of the bank, and the
commissioner's 18division's approval thereof.
AB150-engrossed,1982,1720
221.01
(13) Trust company bank; reorganization. Any trust company bank
21may, by amendment to its articles of incorporation, duly adopted by its stockholders
22and approved by the
commissioner division, in the manner prescribed for by s.
23221.25, convert its corporate organization into that of a state bank with all the
24powers of a state banking corporation under the statutes under such name as shall
25be declared by such amendment and approved by the
commissioner division, which
1name may include the word "trust". Such converted corporation shall continue to
2have all the powers previously held by it as a trust company bank and shall be a
3continuation for all purposes whatsoever of the trust company bank so converted into
4a state bank, including holding and performing any and all trusts and fiduciary
5relations of whatsoever nature of which said trust company bank was fiduciary at
6the time of such conversion, and also including its appointment in any fiduciary
7capacity by any court or otherwise, and the holding, accepting and performing of any
8and all trusts and fiduciary relations whatsoever as to or for which said trust
9company bank may have been appointed, nominated or designated by any will or
10conveyance or otherwise, whether or not such trust or fiduciary relation shall have
11come into being and taken effect at such conversion. Whenever and if any such
12converted corporation shall have been fully discharged of and from any and all trusts
13committed to it, it may, by amendment to its articles of incorporation, duly adopted
14by its stockholders and approved by the
commissioner
division, surrender its powers
15to act in a fiduciary capacity and eliminate from its corporate name and style the
16word "trust;" and may thereupon withdraw from the state treasurer all securities by
17it deposited with the state treasurer pursuant to s. 223.02.
AB150-engrossed,1982,2319
221.03
(1) The articles of incorporation shall be filed with the
commissioner of
20banking division within a reasonable time as determined by the
commissioner of
21banking division from the date of the certificate of authority to organize has been
22approved, and if not filed within that period all rights of the corporators shall cease
23and the certificate of authority to organize is void.
AB150-engrossed,1983,5
1221.03
(2) (a) 2. The name of such bank, which name shall be subject to the
2approval of the
commissioner division, shall not be in any material respect similar
3to the name of any bank existing or which may have heretofore existed in the same
4county or in any adjoining county within the radius of 50 miles, and which name may
5not contain the word "savings".
AB150-engrossed,1983,187
221.03
(3) The
commissioner division shall, within the
commissioner's 8division's discretion, approve or disapprove such articles of incorporation. If
9approved, the
commissioner division shall indorse on each of the 3 triplicate originals
10the word "approved". One of such originals the
commissioner division shall file
in
11the commissioner's office, and to the 2 remaining originals the
commissioner division 12shall attach a certificate showing the date of filing, the approval and date of approval,
13and return the same to the corporators. One of such originals shall be filed with the
14records of the bank, and the other shall be recorded in the office of the register of
15deeds of the county in which such banking corporation is located. No bank shall until
16its articles be left for record with the register of deeds have legal existence, nor be
17authorized to exercise any other powers than those incidentally or necessarily
18preliminary to its organization.
AB150-engrossed,1983,2220
221.03
(4) A fee of $100 shall be paid to the
commissioner division when the
21articles of incorporation are filed, and the
commissioner division shall pay such fee
22into the state treasury.
AB150-engrossed,1984,3
1221.03
(5) A certificate signed by the register of deeds, showing the articles
2have been recorded in the office of the register of deeds, shall be returned to the
3commissioner division.
AB150-engrossed,1984,105
221.03
(6) Within 90 days from the filing of the articles of incorporation, the
6corporators shall file with the
commissioner division, in duplicate, the proposed
7bylaws and a complete list of the stockholders of the proposed bank, showing the
8number of shares held by each, the post-office address, and the approximate worth
9of each. On approval by the
commissioner division, the bylaws shall be submitted
10for consideration by the shareholders.
AB150-engrossed,1984,1812
221.04
(1) General. (intro.) Upon the execution and filing of the articles of
13incorporation with the
commissioner of banking division and the approval by the
14commissioner division, and upon the recording of the articles with the register of
15deeds of the county in which the bank is to be located, the bank shall become a body
16corporate, and in addition to the powers conferred by the general corporations law,
17subject to the restrictions and limitations contained in this section, having the
18following powers:
AB150-engrossed,1984,2120
221.04
(1) (jm) 1. To establish and maintain a branch bank with the approval
21of the
commissioner division.
AB150-engrossed,1984,2423
221.04
(1) (jm) 3. A bank may transfer a branch bank to any other bank located
24in this state with the approval of the
commissioner
division.
AB150-engrossed,1985,3
1221.04
(1) (jm) 4. A bank may establish a branch bank in another state with
2the approval of the
commissioner division and the appropriate regulator of the other
3state.
AB150-engrossed,1985,95
221.04
(1) (jm) 5. The establishment of a branch bank under subd. 1. or the
6conversion of a bank to a branch bank under subd. 2. shall be approved if the financial
7and managerial resources and future prospects of the bank establishing a branch
8bank or the surviving bank of a merger or consolidation are satisfactory to the
9commissioner division.
AB150-engrossed,1985,1411
221.04
(1) (jm) 6. A bank shall apply for the establishment or transfer of a
12branch bank under this paragraph to the
commissioner
division on a form furnished
13by the
commissioner division. The application shall be accompanied by a fee of
14$1,000.
AB150-engrossed,1985,1816
221.04
(1) (jm) 8. At least 30 days before closing a branch bank, a bank shall
17notify the
commissioner division in writing and post a notice of the closing in the
18lobby of the bank and the lobby of the branch bank to be closed.
AB150-engrossed,1985,2220
221.04
(1) (jm) 9. Every branch bank, branch office or bank station existing on
21August 1, 1989, shall be considered a branch bank approved by the
commissioner 22division under this paragraph.