AB150: Bill Text

AB150, s. 6115 Section 6115. 221.046 (1) of the statutes is amended to read:

AB150,1997,8 221.046 (1) Any state bank or trust company bank may by the action of its board of directors issue and sell its capital notes or debentures of one or more classes in the amount, in the form, with the maturity and conferring the rights and privileges upon the holders of them as the board determines, except that no issuance or sale may be made unless approved by the commissioner of banking department.

AB150, s. 6116 Section 6116. 221.046 (2) of the statutes is amended to read:

AB150,1997,14 221.046 (2) Before any such capital notes or debentures are retired or paid by the bank, any existing deficiency of its capital, disregarding the notes and debentures to be retired, must be paid in cash or in assets acceptable to the commissioner of banking department, so that the sound capital assets shall at least equal the capital stock of the bank.

AB150, s. 6117 Section 6117. 221.047 (title) of the statutes is amended to read:

AB150,1997,17 221.047 (title) Banks may issue preferred stock; approval of commissioner; restrictions.

AB150, s. 6118 Section 6118. 221.047 (1) of the statutes is amended to read:

AB150,1998,6 221.047 (1) Except as provided in sub. (2), any bank organized under the laws of this state may by provision in its original articles, or by amendment thereto, adopted by a two-thirds vote of the stock having voting power, upon not less than 10 days' notice given by registered mail pursuant to action taken by the board of directors, and subject to the approval of the commissioner department, issue preferred stock of one or more classes, in such amount and with such par value as may be approved by said commissioner the department; provide subject to the approval of the commissioner department, for payment of dividends on such preferred stock at a specified rate before dividends are paid upon the capital stock; for the cumulation of such dividends; for a preference of such preferred stock over the capital stock in the distribution of the corporate assets; for the conversion of such preferred stock into capital stock; for the redemption of such preferred stock and for denying or restricting the voting power of such preferred stock.

AB150, s. 6119 Section 6119. 221.047 (4) of the statutes is amended to read:

AB150,1998,11 221.047 (4) No change in relation to such preferred stock shall be made except by amendment to the articles adopted by a vote of two-thirds of the preferred stock and two-thirds of the capital stock, and subject to the approval of the commissioner department.

AB150, s. 6120 Section 6120. 221.05 of the statutes is amended to read:

AB150,1998,16 221.05 Prohibition to transact business. No bank shall transact any business, except such as is incidental or necessarily preliminary to its organization until it has been regularly authorized by the commissioner of banking department to commence the business of banking.

AB150, s. 6121 Section 6121. 221.06 (intro.) of the statutes is amended to read:

AB150,1999,2 221.06 Authority to commence business. (intro.) Whenever, within a reasonable time as determined by the commissioner of banking department from the date of the filing of the articles of incorporation, a bank organizing under this chapter has complied with all provisions of the law, and has adopted bylaws approved by the commissioner of banking department, and has provided itself with suitable banking quarters, and has supplied the necessary books, forms, stationery, furniture and equipment for the proper and orderly transaction of the business of banking, it shall give notice in writing to the commissioner department that it is so prepared, and the commissioner department shall make or cause to be made an examination.

AB150, s. 6122 Section 6122. 221.06 (1) of the statutes is amended to read:

AB150,1999,11 221.06 (1) If such examination satisfies the commissioner department that such bank has complied with all provisions of the law, that the stock subscriptions have been fully paid in lawful money, and it appears that such bank is lawfully entitled to commence business, the commissioner department shall forthwith give such bank a certificate of authority under the commissioner's hand and official seal that such bank is authorized to commence business. The certificate of authority to commence business shall constitute the charter of the bank and shall be given a charter number by the commissioner department.

AB150, s. 6123 Section 6123. 221.06 (2) of the statutes is amended to read:

AB150,1999,18 221.06 (2) If the commissioner department has reason to believe that the stockholders have formed the corporation for any other than the legitimate business contemplated by this chapter, or that any of the facts stated in the declaration are untrue, or that other reasons exist, which would make the opening of the bank injurious to the public interest, the commissioner department may, with the advice and consent of the attorney general, withhold the certificate herein mentioned.

AB150, s. 6124 Section 6124. 221.07 of the statutes is amended to read:

AB150,2000,4 221.07 Publication of certificate. The bank shall cause the certificate issued hereunder to be published as a class 1 notice, under ch. 985, in the city, village or town where the bank is located. Such notice shall be published within 15 days of the issuing of the certificate. Proof of publication shall be filed with the commissioner of banking department. In the event of any bank failing to comply with the provisions of this section the commissioner department shall cause the notice to be published and the bank shall be liable for the expense thereof, and in addition thereto such bank shall be subject to a penalty of $100, which amount shall be collected by the commissioner department, and when recovered shall be paid into the state treasury.

AB150, s. 6125 Section 6125. 221.08 (3) of the statutes is amended to read:

AB150,2000,15 221.08 (3) In the first instance, the directors shall be elected at the meeting held before the bank is authorized to commence business by the commissioner of banking department, and afterwards at the annual meeting of the stockholders which shall be held at a time established in the bylaws. Beginning with the annual meeting held in 1990, the bank shall include with each notice of an annual meeting delivered to shareholders copies for the 2 preceding fiscal years of the bank's balance sheets, statements of profit and loss and reconcilements of the bank's loan loss reserve. If for any reason an election is not had at that meeting, it may be held at a subsequent meeting called for that purpose, of which due notice shall be given as provided in the bylaws.

AB150, s. 6126 Section 6126. 221.08 (9) of the statutes is amended to read:

AB150,2001,2 221.08 (9) The board of directors shall meet at least once each month. At the monthly meeting they shall generally investigate the affairs of the bank and determine whether the assets are of the value at which they are carried on the books of the bank. The directors shall name a loan committee of 3 or more of its members, a majority of whom shall be other than active executives, except in 1st or 2nd class cities, or except when a majority of the directors are actively engaged in the bank's management. The committee shall meet at least once each month and shall determine policies as to renewals and applications for new loans. Any director who is found to be lax in attendance may be removed by the commissioner department and the vacancy shall be filled within a reasonable time as the commissioner department may direct.

AB150, s. 6127 Section 6127. 221.09 (1) (intro.) of the statutes is amended to read:

AB150,2001,8 221.09 (1) (intro.) After receipt by the board of directors of a bank of each report of examination of the bank by the office of the commissioner department, the board or an examining committee appointed under sub. (2), unless the commissioner department requires response by the board as provided in s. 220.05 (5), shall do all of the following:

AB150, s. 6128 Section 6128. 221.09 (5) of the statutes is amended to read:

AB150,2001,13 221.09 (5) The board of directors shall transmit the report prepared under sub. (1) (b) and the acknowledgments prepared under sub. (3) to the office of the commissioner department within 45 days after receipt by the board of each report of examination under sub. (1) (intro.).

AB150, s. 6129 Section 6129. 221.12 of the statutes is amended to read:

AB150,2002,13 221.12 Articles may be amended. A bank may amend its articles of incorporation in any manner not inconsistent with law, at any time, by a vote of its stockholders representing two-thirds of the capital stock taken at a meeting called for that purpose. The bank shall submit the amendment to the commissioner of banking department. The amendment is not effective unless approved by the commissioner department. The amendment may provide for a change of location of the bank. The amendment may provide for a change of the location of a parent bank to the location of a branch of the parent bank and a change of the location of a branch of the parent bank to the location of the parent bank if the change is first approved by the commissioner department upon application. The amendment, certified by the president or cashier, and setting forth the volume and page of recording in the office of the register of deeds of the original articles of incorporation, shall be recorded as required for articles of incorporation. No increase of the capital shall be valid until the amount of the increase has been subscribed and actually paid in. The entire surplus fund of a bank, or as much as may be required, may be declared and paid out as a stock dividend to apply on, and be converted into, an increase of capital. No reduction of capital shall be made to a less amount than is required under this chapter for capital, nor be valid or warrant the cancellation of stock certificates or diminish the personal liability of stockholders, until the reduction has been approved by the commissioner department. No reduction may be effected in any other way than by a proportional reduction of all outstanding shares unless approved by the commissioner department. The approval may be given only when the commissioner department is satisfied that the reduction of the capital is in the best interests of the depositors.

AB150, s. 6130 Section 6130. 221.14 (1) of the statutes is amended to read:

AB150,2002,23 221.14 (1) Real estate necessary for the convenient transaction of its business, including with its banking offices other facilities to rent as source of income. No bank may invest in a banking office, including facilities connected with the office, together with furniture, equipment and fixtures, or become liable for it in a sum exceeding 60% of its capital and surplus; but in lieu of this it may invest, with the approval of the commissioner of banking department, an amount not to exceed 40% of its capital and surplus in the stocks, bonds or obligations of a bank building corporation. Any bank not owning its banking offices may not invest in furniture, equipment and fixtures a sum exceeding 20% of its capital and surplus.

AB150, s. 6131 Section 6131. 221.14 (4s) of the statutes is amended to read:

AB150,2003,8 221.14 (4s) Real estate used as an attended or unattended remote facility for paying and receiving only. Remote facilities may be established only with specific approval by the commissioner department. The authority under this subsection is in addition to the authority to establish facilities that are attached to or a part of a bank or a branch bank. After July 31, 1989, and before February 1, 1990, a bank may inform the commissioner department in writing that it is converting a remote facility existing on August 1, 1989, into a branch bank, specifying the effective date of the conversion. An application fee is not required for a conversion under this subsection.

AB150, s. 6132 Section 6132. 221.14 (5) of the statutes is amended to read:

AB150,2003,13 221.14 (5) Real estate purchased and held, subject to the approval of the commissioner of banking department, for the purpose of providing needed housing accommodations for its essential employes who are relocated by the bank, including purchasing the former residence of the relocated, essential employe.

AB150, s. 6133 Section 6133. 221.14 (6) of the statutes is amended to read:

AB150,2003,21 221.14 (6) No real estate acquired under sub. (2), (3) or (5) may be held for a longer time than 5 years, unless an extension is granted by the commissioner department. If the extension is not granted, it must be sold at a private or public sale within one year thereafter. Nothing in this section may be construed to prevent a bank from lending moneys upon real estate security as provided by law. Real estate shall be conveyed under the corporate seal of the bank, and the hand of the president or vice president and cashier or assistant cashier.

AB150, s. 6134 Section 6134. 221.15 (1) of the statutes is amended to read:

AB150,2004,2 221.15 (1) Every bank shall make to the commissioner of banking department not less than 2 reports during each calendar year, at such times as the said commissioner department shall require the same, according to the forms which the commissioner department shall prescribe and furnish. Such forms shall conform as nearly as practicable to that now required of national banks, including the schedules.

AB150, s. 6135 Section 6135. 221.15 (3) of the statutes is amended to read:

AB150,2004,8 221.15 (3) Such report shall exhibit in detail and under proper heads, the resources and liabilities of the bank at the close of the business of any past day specified by the commissioner department, and shall be transmitted to the commissioner department within 30 days after the receipt of request therefor from the commissioner department.

AB150, s. 6136 Section 6136. 221.15 (4) of the statutes is amended to read:

AB150,2004,13 221.15 (4) The most recent report filed under sub. (1) as of the last business day of the 4th calendar quarter shall be published by the bank as a class 1 notice, under ch. 985, where the bank is located, in the condensed form as the commissioner department prescribes. Each bank shall maintain proof of publication of the report.

AB150, s. 6137 Section 6137. 221.15 (6) of the statutes is amended to read:

AB150,2004,19 221.15 (6) When requested by the commissioner department, any bank shall report to the commissioner on call by the commissioner, department a list of its stockholders, their residences, and the amount of stock held by each, which report shall be signed and verified by the oath or affirmation of one of the officers of said bank.

AB150, s. 6138 Section 6138. 221.15 (7) of the statutes is amended to read:

AB150,2004,24 221.15 (7) The commissioner department shall also have the power to call for special reports from any bank whenever in the commissioner's department's judgment the same is necessary to inform the commissioner department fully of the condition of such bank.

AB150, s. 6139 Section 6139. 221.16 of the statutes is amended to read:

AB150,2005,8 221.16 One hundred dollars per day forfeiture. Every bank failing to make and transmit to the commissioner of banking department any of the reports or proofs of publication as required by this chapter shall be subject, at the discretion of the commissioner department, to a forfeiture of $100 for each day after the time required for making such reports. Whenever any bank fails or refuses to pay the forfeiture herein imposed for a failure to make and transmit such report, the commissioner department is hereby authorized to institute proceedings for the recovery of such forfeiture.

AB150, s. 6140 Section 6140. 221.18 of the statutes is amended to read:

AB150,2005,20 221.18 Inspection; refusal to permit; action to dissolve; prosecutions. Whenever any officer in charge of a bank refuses to submit the books, papers and concerns of such bank to the inspection of the commissioner of banking, the commissioner's deputy, or examiner appointed hereunder, department of financial institutions or refuses to be examined on oath touching the concerns of the bank, the commissioner department of financial institutions may inform the attorney general. The department of justice shall then institute an action to procure a judgment dissolving such corporation. In order to carry out this section the commissioner department may commence and maintain in the commissioner's department's name as commissioner of banking any and all actions necessary or proper to enforce this section.

AB150, s. 6141 Section 6141. 221.19 of the statutes is amended to read:

AB150,2005,25 221.19 Prosecutions. In order to carry out ss. 220.07, 220.08 and 221.18, the commissioner of banking department may commence and maintain in the commissioner's department's name any and all actions necessary or proper to enforce any of said sections.

AB150, s. 6142 Section 6142. 221.205 of the statutes is amended to read:

AB150,2006,24 221.205 Banks; disciplinary provisions. Whenever the commissioner of banking department shall have or receive information causing the commissioner department to believe that any bank, trust company bank, or any other corporation, limited liability company or association in respect to whose affairs or any part thereof the commissioner department has any supervision or control under the law, or any officer, employe, member or manager thereof has been guilty of a violation of any of the provisions of law or regulations or orders in execution thereof which subjects any such corporation, limited liability company or association or person to prosecution for a criminal offense or for recovery of penalty under the law, the commissioner department shall bring such facts and information to the attention of the banking review board with the commissioner's department's recommendation in writing as to action to be taken. Said banking review board shall, if in its judgment probable cause exists for believing that a criminal offense has been committed, or a penalty incurred, call the facts and information to the attention of the attorney general whose duty it shall be to cause prosecution or other action to be instituted if in the attorney general's judgment the facts warrant. Nothing herein contained shall be deemed to prevent the institution of any prosecution by any district attorney of this state with or without any advice or act on the part of the attorney general. Nothing herein contained shall preclude the commissioner of banking department, in any case where the commissioner department deems it important to act immediately, from causing any arrest and prosecution where the commissioner department is satisfied that there is reason to believe the offense has been committed and that prosecution should be immediately commenced.

AB150, s. 6143 Section 6143. 221.21 of the statutes is amended to read:

AB150,2007,9 221.21 When organized as national bank. Any bank organized under this chapter may reorganize under the laws of the United States as a national bank. As soon as such bank shall have obtained the certificate from the comptroller of the currency, authorizing it to commence business under the United States banking law, such reorganized bank shall take and hold all of the assets, real and personal, of such bank organized under this chapter, subject to all liabilities existing against said bank organized under this chapter at the time of such reorganization, and shall immediately notify the commissioner of banking department of such reorganization and transfer.

AB150, s. 6144 Section 6144. 221.22 of the statutes is amended to read:

AB150,2007,25 221.22 National banks may reorganize as state banks. Any national bank authorized to dissolve, and which shall have taken the necessary steps to effect dissolution, may reorganize under this chapter, upon the consent in writing of the owners of two-thirds of the capital stock of such bank, and with the approval of the commissioner of banking department. Such stockholders shall make, execute and acknowledge articles of organization as required by this chapter, and shall set forth the said written consent of such stockholders. A national bank seeking to reorganize under this section shall pay to the commissioner department a fee of $1,000 plus the actual costs incurred by the commissioner department in investigating the proposed reorganization. Upon the filing of the articles as provided by this chapter, and upon the approval of the commissioner department, such bank shall be deemed to be reorganized under this chapter, and thereupon all assets, real and personal, of such dissolved national bank shall be vested in and be and become the property of such reorganized bank, subject to all liabilities of such national bank not liquidated before such reorganization.

AB150, s. 6145 Section 6145. 221.23 of the statutes is amended to read:

AB150,2008,7 221.23 Consolidation of banks. A bank, which is in good faith winding up its business, for the purpose of consolidating with some other bank, may transfer its resources and liabilities to the bank with which it is in process of consolidation; but no consolidation shall be made without the consent of the commissioner of banking department, and not then to defeat or defraud any of the creditors in the collection of their debts against such banks, or either of them.

AB150, s. 6146 Section 6146. 221.24 (1) of the statutes is amended to read:

AB150,2008,15 221.24 (1) Any bank organized or doing business under this chapter may go into liquidation by a vote of its stockholders owning two-thirds of the capital stock. Whenever a vote is taken to go into liquidation, the board of directors shall give notice of this fact to the commissioner of banking department, and the notice shall be certified by the president or cashier under the seal of the bank. No liquidating bank may transfer assets or liabilities to another bank until the transfer is approved by the commissioner department.

AB150, s. 6147 Section 6147. 221.245 of the statutes is amended to read:

AB150,2008,23 221.245 Cancellation of charter of merged bank. Whenever any bank has merged or consolidated with or been absorbed by another bank, the commissioner of banking department may cancel the charter of the first mentioned bank after notice of proposed cancellation has been published as a class 3 notice, under ch. 985, in the county wherein the bank is located, unless written objections are filed with the commissioner department within a time specified in the notice stating grounds which the commissioner department deems sufficient.

AB150, s. 6148 Section 6148. 221.25 (1) of the statutes is amended to read:

AB150,2010,9 221.25 (1) Any 2 or more banks may, with the approval of the commissioner of banking department, consolidate into one bank under the charter of either existing bank on such terms and conditions as may be lawfully agreed upon by a majority of the board of directors of each bank proposing to consolidate and be ratified and confirmed by the affirmative vote of the stockholders of each such bank owning at least two-thirds of its capital stock outstanding and at least two-thirds of any outstanding preferred stock having voting rights, at a meeting to be held on call of the directors, after sending notice of the time, place and object of the meeting to each shareholder of record by registered mail at least 30 days prior to said meeting; provided that the capital stock of such consolidated bank shall not be less than that required under existing law for the organization of a state bank in the place in which it is located. When such consolidation is approved by the commissioner department, any shareholder of either of the banks so consolidated who has not voted for such consolidation shall be given notice of the approval by the bank in which the shareholder holds an interest and of the shareholder's right to receive the appraised value for the shareholder's shares. If within 20 days after the date that notice of approval is mailed or delivered to a shareholder the shareholder notifies the directors of the bank in which the shareholder is interested that the shareholder dissents from the plan of consolidation as adopted and approved and desires to withdraw from such bank, the shareholder shall be entitled to receive in cash the value of the shares so held by the shareholder, to be ascertained by an appraisal made by a committee of 3 persons, one to be selected by the shareholders, one by the directors, and the 3rd by the 2 so chosen; the expense of such appraisal shall be borne by the bank; and in case the value so fixed shall not be satisfactory to the shareholder he or she may within 5 days after being notified of the appraisal appeal to the commissioner, who department, which shall cause a reappraisal to be made by an appraiser or appraisers to be named by said commissioner the department, which appraisal shall be final and binding, and if said reappraisal shall exceed the value fixed by said committee the bank shall pay the expense of reappraisal, otherwise the shareholder shall pay said expense, and the value so ascertained and determined shall be deemed to be a debt due and be forthwith paid to said shareholder from said bank, and the share or shares so paid shall be surrendered and after such notice as the board of directors may provide, be sold at public auction within 30 days after the final appraisement provided for by this section.

AB150, s. 6149 Section 6149. 221.25 (3) of the statutes is amended to read:

AB150,2010,23 221.25 (3) The commissioner department may after consultation with the banking review board make recommendations to any bank or trust company within this state as to advisability of consolidation with other banks and may make recommendations as to terms for consolidation or merger of banks in order to avoid a condition of oversupply of banks in any community or area of the state. The commissioner department may also, if requested so to do, act as mediator or arbitrator to fix any of the terms of any such consolidation or merger. It shall be within the power of the board of directors of any bank or trust company organized under the laws of this state to appropriate a reasonable amount from the assets of the bank toward assisting in bringing about a consolidation or merger of banks or to aid in reorganization or in avoiding the closing of a bank where such action is deemed to be in the interests of safe banking and the maintenance of credit and banking facilities in the county in which such bank is located.

AB150, s. 6150 Section 6150. 221.25 (4) of the statutes is amended to read:

AB150,2011,4 221.25 (4) Application for approval of a consolidation under sub. (1) shall be made on a form prescribed by the commissioner department. The application shall be accompanied by a fee of $5,000, except that if more than 3 banks are to be consolidated the fee is $5,000 plus $1,000 for each bank after the 3rd bank.

AB150, s. 6151 Section 6151. 221.26 of the statutes is amended to read:

AB150,2011,21 221.26 (title) Banks may be placed in hands of commissioner under department control. Any bank doing business under this chapter may place its affairs and assets under the control of the commissioner of banking department by posting a notice on its front door, as follows: "This bank is in the hands of the commissioner of banking department of financial institutions". Immediately upon posting such notice, the bank shall notify the commissioner department of such action. The posting of such notice, or the taking possession of any bank by the commissioner department, shall be sufficient to place all its assets and property of whatever nature in the possession of the commissioner department, and shall operate as a bar to any attachment proceedings. For each day the commissioner department is so placed in possession of the bank, and until such time as a special deputy commissioner of banking is appointed under s. 220.08 (4), the bank shall pay to the commissioner department the actual cost of such liquidation proceedings. All such fees shall be paid by the commissioner department to the state treasurer to be placed to the credit of s. 20.124 20.144 (1) (g) in the percentage specified in that paragraph.

AB150, s. 6152 Section 6152. 221.27 (2) of the statutes is amended to read:

AB150,2012,3 221.27 (2) Every bank shall maintain sufficient reserves to meet anticipated withdrawals, commitments and loan demand. Every bank shall maintain at least the level of reserves required for it by the federal reserve system. The commissioner of banking department may prescribe additional reserve requirements for an individual bank based on examination findings or other reports available to the commissioner department.

AB150, s. 6153 Section 6153. 221.27 (3) (g) of the statutes is amended to read:

AB150,2012,6 221.27 (3) (g) Short-term obligations approved by rule of the commissioner of banking department.

AB150, s. 6154 Section 6154. 221.28 of the statutes is amended to read:

AB150,2012,20 221.28 Reserve to be kept up. Whenever the reserve of any bank falls below the amount required to be kept, such bank shall not increase its loans or discounts otherwise than by discounting or purchasing bills of exchange payable at sight or on demand, and the commissioner department of financial institutions shall notify any bank whose reserve is below the amount required, to make good such reserve, and in case the bank fails, for 30 days thereafter to make good such reserve, the commissioner department of financial institutions may assess such bank $100 for each 2-week period which the bank has been in default or may notify the attorney general and the department of justice shall institute proceedings for the appointment of a receiver and to wind up the business of the bank. Such assessment shall be paid to the commissioner department of financial institutions and if any such bank fails or refuses to pay such assessment the commissioner department of financial institutions may maintain an action for the recovery of the assessment.

AB150, s. 6155 Section 6155. 221.29 (1) (f) of the statutes is amended to read:

AB150,2013,2 221.29 (1) (f) The limitations in this section shall not apply to that portion of any loan which is guaranteed by a federal or Wisconsin state guaranty program approved by the commissioner department. The commissioner department shall designate federal and Wisconsin state guaranty programs which qualify under this paragraph.

AB150, s. 6156 Section 6156. 221.295 (1) of the statutes is amended to read:

AB150,2013,16 221.295 (1) Except as provided in sub. (3), a bank may lend under this subsection, through the bank or a subsidiary of the bank, to all borrowers from the bank and all of its subsidiaries, an aggregate amount not to exceed the percentage of its capital and surplus established by the commissioner department under sub. (3). Neither a bank nor any subsidiary of the bank may lend to any borrower, under this subsection and any other law or rule, an amount that would result in an aggregate amount for all loans to that borrower that exceeds the percentage of the bank's capital and surplus established under sub. (3). A bank or its subsidiary may take an equity position or other form of interest as security in a project funded through such loans. Every transaction by a bank or its subsidiary under this subsection shall require prior approval by the board of directors of the bank or its subsidiary, respectively. Such loans are not subject to s. 221.36 or to classification as losses for a period of 2 years from the date of each loan except as provided in sub. (3).

AB150, s. 6157 Section 6157. 221.295 (2) of the statutes is amended to read:

AB150,2014,4 221.295 (2) Except as provided in sub. (3), a bank may invest under this subsection amounts not to exceed, in the aggregate, that percentage of its capital and surplus established by the commissioner of banking department under sub. (3) in equity positions, such as profit-participation projects. A bank may take an investment position in a project with respect to which it is also a lender. The bank shall limit its liability as an investor in a specific project under this subsection to an amount not exceeding the amount of its investment in that project. For purposes of calculating the bank's aggregate investment under this subsection, the amount of each investment shall be established as of the date that the investment is made. Every transaction by a bank under this subsection shall require prior approval by the board of directors of the bank and shall be disclosed to the shareholders of the bank prior to each annual meeting of the shareholders.

AB150, s. 6158 Section 6158. 221.295 (3) of the statutes is amended to read:

AB150,2014,13 221.295 (3) The commissioner of banking department shall establish for each bank the applicable percentage, not to exceed 20%, under sub. (1) and the applicable percentage, not to exceed 10%, under sub. (2). The commissioner department may withdraw or suspend a percentage established under this subsection and, in such case, may specify how outstanding loans or investments shall be treated by the bank or subsidiary. Among the factors that the commissioner department may consider in establishing, withdrawing or suspending a percentage under this subsection are the bank's capital, assets, management and liquidity ratio and its capital ratio.

AB150, s. 6159 Section 6159. 221.295 (4) of the statutes is amended to read: