AB150-engrossed,1995,319
221.045
(1) Whenever the term "capital" as distinguished from the term
20"capital stock" is used in any law of this state relating to banking, it shall mean and
21include the capital stock and preferred stock of a bank and the outstanding capital
22notes and debentures legally issued and sold by such bank exclusive of Class "B"
23capital notes and debentures as classified by the
commissioner of banking division.
24The "capital" of any such bank may be deemed to be unimpaired when the amount
25of such capital notes and debentures as represented by cash or sound assets or the
1amount of such preferred stock, or both such notes and debentures and such
2preferred stock, equals or exceeds the impairment of the "capital stock" as found by
3the
commissioner division.
AB150-engrossed,1995,95
221.046
(1) Any state bank or trust company bank may by the action of its
6board of directors issue and sell its capital notes or debentures of one or more classes
7in the amount, in the form, with the maturity and conferring the rights and
8privileges upon the holders of them as the board determines, except that no issuance
9or sale may be made unless approved by the
commissioner of banking division.
AB150-engrossed,1995,1511
221.046
(2) Before any such capital notes or debentures are retired or paid by
12the bank, any existing deficiency of its capital, disregarding the notes and
13debentures to be retired, must be paid in cash or in assets acceptable to the
14commissioner of banking division, so that the sound capital assets shall at least equal
15the capital stock of the bank.
AB150-engrossed,1995,18
17221.047 (title)
Banks may issue preferred stock; approval of
18commissioner; restrictions.
AB150-engrossed,1996,720
221.047
(1) Except as provided in sub. (2), any bank organized under the laws
21of this state may by provision in its original articles, or by amendment thereto,
22adopted by a two-thirds vote of the stock having voting power, upon not less than 10
23days' notice given by registered mail pursuant to action taken by the board of
24directors, and subject to the approval of the
commissioner division, issue preferred
25stock of one or more classes, in such amount and with such par value as may be
1approved by
said commissioner the division; provide subject to the approval of the
2commissioner division, for payment of dividends on such preferred stock at a
3specified rate before dividends are paid upon the capital stock; for the cumulation of
4such dividends; for a preference of such preferred stock over the capital stock in the
5distribution of the corporate assets; for the conversion of such preferred stock into
6capital stock; for the redemption of such preferred stock and for denying or
7restricting the voting power of such preferred stock.
AB150-engrossed,1996,129
221.047
(4) No change in relation to such preferred stock shall be made except
10by amendment to the articles adopted by a vote of two-thirds of the preferred stock
11and two-thirds of the capital stock, and subject to the approval of the
commissioner 12division.
AB150-engrossed,1996,17
14221.05 Prohibition to transact business. No bank shall transact any
15business, except such as is incidental or necessarily preliminary to its organization
16until it has been regularly authorized by the
commissioner of banking division to
17commence the business of banking.
AB150-engrossed,1997,2
19221.06 Authority to commence business. (intro.) Whenever, within a
20reasonable time as determined by the
commissioner of banking division from the
21date of the filing of the articles of incorporation, a bank organizing under this chapter
22has complied with all provisions of the law, and has adopted bylaws approved by the
23commissioner of banking division, and has provided itself with suitable banking
24quarters, and has supplied the necessary books, forms, stationery, furniture and
25equipment for the proper and orderly transaction of the business of banking, it shall
1give notice in writing to the
commissioner
division that it is so prepared, and the
2commissioner division shall make or cause to be made an examination.
AB150-engrossed,1997,114
221.06
(1) If such examination satisfies the
commissioner division that such
5bank has complied with all provisions of the law, that the stock subscriptions have
6been fully paid in lawful money, and it appears that such bank is lawfully entitled
7to commence business, the
commissioner division shall forthwith give such bank a
8certificate of authority
under the commissioner's hand and official seal that such
9bank is authorized to commence business. The certificate of authority to commence
10business shall constitute the charter of the bank and shall be given a charter number
11by the
commissioner division.
AB150-engrossed,1997,1813
221.06
(2) If the
commissioner division has reason to believe that the
14stockholders have formed the corporation for any other than the legitimate business
15contemplated by this chapter, or that any of the facts stated in the declaration are
16untrue, or that other reasons exist, which would make the opening of the bank
17injurious to the public interest, the
commissioner
division may, with the advice and
18consent of the attorney general, withhold the certificate herein mentioned.
AB150-engrossed,1998,3
20221.07 Publication of certificate. The bank shall cause the certificate
21issued hereunder to be published as a class 1 notice, under ch. 985, in the city, village
22or town where the bank is located. Such notice shall be published within 15 days of
23the issuing of the certificate. Proof of publication shall be filed with the
commissioner
24of banking division. In the event of any bank failing to comply with the provisions
25of this section the
commissioner division shall cause the notice to be published and
1the bank shall be liable for the expense thereof, and in addition thereto such bank
2shall be subject to a penalty of $100, which amount shall be collected by the
3commissioner division, and when recovered shall be paid into the state treasury.
AB150-engrossed,1998,145
221.08
(3) In the first instance, the directors shall be elected at the meeting
6held before the bank is authorized to commence business by the
commissioner of
7banking division, and afterwards at the annual meeting of the stockholders which
8shall be held at a time established in the bylaws. Beginning with the annual meeting
9held in 1990, the bank shall include with each notice of an annual meeting delivered
10to shareholders copies for the 2 preceding fiscal years of the bank's balance sheets,
11statements of profit and loss and reconcilements of the bank's loan loss reserve. If
12for any reason an election is not had at that meeting, it may be held at a subsequent
13meeting called for that purpose, of which due notice shall be given as provided in the
14bylaws.
AB150-engrossed,1999,216
221.08
(9) The board of directors shall meet at least once each month. At the
17monthly meeting they shall generally investigate the affairs of the bank and
18determine whether the assets are of the value at which they are carried on the books
19of the bank. The directors shall name a loan committee of 3 or more of its members,
20a majority of whom shall be other than active executives, except in 1st or 2nd class
21cities, or except when a majority of the directors are actively engaged in the bank's
22management. The committee shall meet at least once each month and shall
23determine policies as to renewals and applications for new loans. Any director who
24is found to be lax in attendance may be removed by the
commissioner division and
1the vacancy shall be filled within a reasonable time as the
commissioner division 2may direct.
AB150-engrossed,1999,84
221.09
(1) (intro.) After receipt by the board of directors of a bank of each report
5of examination of the bank by the
office of the commissioner division, the board or
6an examining committee appointed under sub. (2), unless the
commissioner division 7requires response by the board as provided in s. 220.05 (5), shall do all of the
8following:
AB150-engrossed,1999,1310
221.09
(5) The board of directors shall transmit the report prepared under sub.
11(1) (b) and the acknowledgments prepared under sub. (3) to the
office of the
12commissioner division within 45 days after receipt by the board of each report of
13examination under sub. (1) (intro.).
AB150-engrossed,2000,13
15221.12 Articles may be amended. A bank may amend its articles of
16incorporation in any manner not inconsistent with law, at any time, by a vote of its
17stockholders representing two-thirds of the capital stock taken at a meeting called
18for that purpose. The bank shall submit the amendment to the
commissioner of
19banking division. The amendment is not effective unless approved by the
20commissioner division. The amendment may provide for a change of location of the
21bank. The amendment may provide for a change of the location of a parent bank to
22the location of a branch of the parent bank and a change of the location of a branch
23of the parent bank to the location of the parent bank if the change is first approved
24by the
commissioner division upon application. The amendment, certified by the
25president or cashier, and setting forth the volume and page of recording in the office
1of the register of deeds of the original articles of incorporation, shall be recorded as
2required for articles of incorporation. No increase of the capital shall be valid until
3the amount of the increase has been subscribed and actually paid in. The entire
4surplus fund of a bank, or as much as may be required, may be declared and paid out
5as a stock dividend to apply on, and be converted into, an increase of capital. No
6reduction of capital shall be made to a less amount than is required under this
7chapter for capital, nor be valid or warrant the cancellation of stock certificates or
8diminish the personal liability of stockholders, until the reduction has been approved
9by the
commissioner division. No reduction may be effected in any other way than
10by a proportional reduction of all outstanding shares unless approved by the
11commissioner division. The approval may be given only when the
commissioner 12division is satisfied that the reduction of the capital is in the best interests of the
13depositors.
AB150-engrossed,2000,2315
221.14
(1) Real estate necessary for the convenient transaction of its business,
16including with its banking offices other facilities to rent as source of income. No bank
17may invest in a banking office, including facilities connected with the office, together
18with furniture, equipment and fixtures, or become liable for it in a sum exceeding
1960% of its capital and surplus; but in lieu of this it may invest, with the approval of
20the
commissioner of banking division, an amount not to exceed 40% of its capital and
21surplus in the stocks, bonds or obligations of a bank building corporation. Any bank
22not owning its banking offices may not invest in furniture, equipment and fixtures
23a sum exceeding 20% of its capital and surplus.
AB150-engrossed,2001,8
1221.14
(4s) Real estate used as an attended or unattended remote facility for
2paying and receiving only. Remote facilities may be established only with specific
3approval by the
commissioner division. The authority under this subsection is in
4addition to the authority to establish facilities that are attached to or a part of a bank
5or a branch bank. After July 31, 1989, and before February 1, 1990, a bank may
6inform the
commissioner division in writing that it is converting a remote facility
7existing on August 1, 1989, into a branch bank, specifying the effective date of the
8conversion. An application fee is not required for a conversion under this subsection.
AB150-engrossed,2001,1310
221.14
(5) Real estate purchased and held, subject to the approval of the
11commissioner of banking division, for the purpose of providing needed housing
12accommodations for its essential employes who are relocated by the bank, including
13purchasing the former residence of the relocated, essential employe.
AB150-engrossed,2001,2115
221.14
(6) No real estate acquired under sub. (2), (3) or (5) may be held for a
16longer time than 5 years, unless an extension is granted by the
commissioner 17division. If the extension is not granted, it must be sold at a private or public sale
18within one year thereafter. Nothing in this section may be construed to prevent a
19bank from lending moneys upon real estate security as provided by law. Real estate
20shall be conveyed under the corporate seal of the bank, and the hand of the president
21or vice president and cashier or assistant cashier.
AB150-engrossed,2002,223
221.15
(1) Every bank shall make to the
commissioner of banking division not
24less than 2 reports during each calendar year, at such times as the
said commissioner 25division shall require the same, according to the forms which the
commissioner
1division shall prescribe and furnish. Such forms shall conform as nearly as
2practicable to that now required of national banks, including the schedules.
AB150-engrossed,2002,84
221.15
(3) Such report shall exhibit in detail and under proper heads, the
5resources and liabilities of the bank at the close of the business of any past day
6specified by the
commissioner division, and shall be transmitted to the
commissioner 7division within 30 days after the receipt of request therefor from the
commissioner 8division.
AB150-engrossed,2002,1310
221.15
(4) The most recent report filed under sub. (1) as of the last business day
11of the 4th calendar quarter shall be published by the bank as a class 1 notice, under
12ch. 985, where the bank is located, in the condensed form as the
commissioner 13division prescribes. Each bank shall maintain proof of publication of the report.
AB150-engrossed,2002,1815
221.15
(6) When requested by the
commissioner division, any bank shall report
16to the
commissioner on call by the commissioner,
division a list of its stockholders,
17their residences, and the amount of stock held by each, which report shall be signed
18and verified by the oath or affirmation of one of the officers of said bank.
AB150-engrossed,2002,2320
221.15
(7) The
commissioner division shall also have the power to call for
21special reports from any bank whenever in the
commissioner's division's judgment
22the same is necessary to inform the
commissioner
division fully of the condition of
23such bank.
AB150-engrossed,2003,8
1221.16 One hundred dollars per day forfeiture. Every bank failing to
2make and transmit to the
commissioner of banking
division any of the reports or
3proofs of publication as required by this chapter shall be subject, at the discretion of
4the
commissioner division, to a forfeiture of $100 for each day after the time required
5for making such reports. Whenever any bank fails or refuses to pay the forfeiture
6herein imposed for a failure to make and transmit such report, the
commissioner 7division is hereby authorized to institute proceedings for the recovery of such
8forfeiture.
AB150-engrossed,2003,19
10221.18 Inspection; refusal to permit; action to dissolve; prosecutions.
11Whenever any officer in charge of a bank refuses to submit the books, papers and
12concerns of such bank to the inspection of the
commissioner of banking, the
13commissioner's deputy, or examiner appointed hereunder, division or refuses to be
14examined on oath touching the concerns of the bank, the
commissioner division may
15inform the attorney general. The department of justice shall then institute an action
16to procure a judgment dissolving such corporation. In order to carry out this section
17the
commissioner division may commence and maintain in the
commissioner's 18division's name
as commissioner of banking any and all actions necessary or proper
19to enforce this section.
AB150-engrossed,2003,24
21221.19 Prosecutions. In order to carry out ss. 220.07, 220.08 and 221.18, the
22commissioner of banking division may commence and maintain in the
23commissioner's division's name any and all actions necessary or proper to enforce
24any of said sections.
AB150-engrossed,2004,23
1221.205 Banks; disciplinary provisions. Whenever the
commissioner of
2banking division shall have or receive information causing the
commissioner 3division to believe that any bank, trust company bank, or any other corporation,
4limited liability company or association in respect to whose affairs or any part thereof
5the
commissioner division has any supervision or control under the law, or any
6officer, employe, member or manager thereof has been guilty of a violation of any of
7the provisions of law or regulations or orders in execution thereof which subjects any
8such corporation, limited liability company or association or person to prosecution
9for a criminal offense or for recovery of penalty under the law, the
commissioner 10division shall bring such facts and information to the attention of the banking review
11board with the
commissioner's division's recommendation in writing as to action to
12be taken. Said banking review board shall, if in its judgment probable cause exists
13for believing that a criminal offense has been committed, or a penalty incurred, call
14the facts and information to the attention of the attorney general whose duty it shall
15be to cause prosecution or other action to be instituted if in the attorney general's
16judgment the facts warrant. Nothing herein contained shall be deemed to prevent
17the institution of any prosecution by any district attorney of this state with or
18without any advice or act on the part of the attorney general. Nothing herein
19contained shall preclude the
commissioner of banking
division, in any case where the
20commissioner division deems it important to act immediately, from causing any
21arrest and prosecution where the
commissioner division is satisfied that there is
22reason to believe the offense has been committed and that prosecution should be
23immediately commenced.
AB150-engrossed,2005,9
1221.21 When organized as national bank. Any bank organized under this
2chapter may reorganize under the laws of the United States as a national bank. As
3soon as such bank shall have obtained the certificate from the comptroller of the
4currency, authorizing it to commence business under the United States banking law,
5such reorganized bank shall take and hold all of the assets, real and personal, of such
6bank organized under this chapter, subject to all liabilities existing against said bank
7organized under this chapter at the time of such reorganization, and shall
8immediately notify the
commissioner of banking division of such reorganization and
9transfer.
AB150-engrossed,2005,25
11221.22 National banks may reorganize as state banks. Any national bank
12authorized to dissolve, and which shall have taken the necessary steps to effect
13dissolution, may reorganize under this chapter, upon the consent in writing of the
14owners of two-thirds of the capital stock of such bank, and with the approval of the
15commissioner of banking division. Such stockholders shall make, execute and
16acknowledge articles of organization as required by this chapter, and shall set forth
17the said written consent of such stockholders. A national bank seeking to reorganize
18under this section shall pay to the
commissioner
division a fee of $1,000 plus the
19actual costs incurred by the
commissioner division in investigating the proposed
20reorganization. Upon the filing of the articles as provided by this chapter, and upon
21the approval of the
commissioner division, such bank shall be deemed to be
22reorganized under this chapter, and thereupon all assets, real and personal, of such
23dissolved national bank shall be vested in and be and become the property of such
24reorganized bank, subject to all liabilities of such national bank not liquidated before
25such reorganization.
AB150-engrossed,2006,7
2221.23 Consolidation of banks. A bank, which is in good faith winding up
3its business, for the purpose of consolidating with some other bank, may transfer its
4resources and liabilities to the bank with which it is in process of consolidation; but
5no consolidation shall be made without the consent of the
commissioner of banking 6division, and not then to defeat or defraud any of the creditors in the collection of their
7debts against such banks, or either of them.
AB150-engrossed,2006,159
221.24
(1) Any bank organized or doing business under this chapter may go
10into liquidation by a vote of its stockholders owning two-thirds of the capital stock.
11Whenever a vote is taken to go into liquidation, the board of directors shall give notice
12of this fact to the
commissioner of banking division, and the notice shall be certified
13by the president or cashier under the seal of the bank. No liquidating bank may
14transfer assets or liabilities to another bank until the transfer is approved by the
15commissioner division.
AB150-engrossed,2006,23
17221.245 Cancellation of charter of merged bank. Whenever any bank has
18merged or consolidated with or been absorbed by another bank, the
commissioner of
19banking division may cancel the charter of the first mentioned bank after notice of
20proposed cancellation has been published as a class 3 notice, under ch. 985, in the
21county wherein the bank is located, unless written objections are filed with the
22commissioner division within a time specified in the notice stating grounds which the
23commissioner division deems sufficient.
AB150-engrossed,2008,9
1221.25
(1) Any 2 or more banks may, with the approval of the
commissioner of
2banking division, consolidate into one bank under the charter of either existing bank
3on such terms and conditions as may be lawfully agreed upon by a majority of the
4board of directors of each bank proposing to consolidate and be ratified and confirmed
5by the affirmative vote of the stockholders of each such bank owning at least
6two-thirds of its capital stock outstanding and at least two-thirds of any outstanding
7preferred stock having voting rights, at a meeting to be held on call of the directors,
8after sending notice of the time, place and object of the meeting to each shareholder
9of record by registered mail at least 30 days prior to said meeting; provided that the
10capital stock of such consolidated bank shall not be less than that required under
11existing law for the organization of a state bank in the place in which it is located.
12When such consolidation is approved by the
commissioner division, any shareholder
13of either of the banks so consolidated who has not voted for such consolidation shall
14be given notice of the approval by the bank in which the shareholder holds an interest
15and of the shareholder's right to receive the appraised value for the shareholder's
16shares. If within 20 days after the date that notice of approval is mailed or delivered
17to a shareholder the shareholder notifies the directors of the bank in which the
18shareholder is interested that the shareholder dissents from the plan of
19consolidation as adopted and approved and desires to withdraw from such bank, the
20shareholder shall be entitled to receive in cash the value of the shares so held by the
21shareholder, to be ascertained by an appraisal made by a committee of 3 persons, one
22to be selected by the shareholders, one by the directors, and the 3rd by the 2 so
23chosen; the expense of such appraisal shall be borne by the bank; and in case the
24value so fixed shall not be satisfactory to the shareholder he or she may within 5 days
25after being notified of the appraisal appeal to the
commissioner, who division, which
1shall cause a reappraisal to be made by an appraiser or appraisers to be named by
2said commissioner the division, which appraisal shall be final and binding, and if
3said reappraisal shall exceed the value fixed by said committee the bank shall pay
4the expense of reappraisal, otherwise the shareholder shall pay said expense, and
5the value so ascertained and determined shall be deemed to be a debt due and be
6forthwith paid to said shareholder from said bank, and the share or shares so paid
7shall be surrendered and after such notice as the board of directors may provide, be
8sold at public auction within 30 days after the final appraisement provided for by this
9section.
AB150-engrossed,2008,2311
221.25
(3) The
commissioner division may after consultation with the banking
12review board make recommendations to any bank or trust company within this state
13as to advisability of consolidation with other banks and may make recommendations
14as to terms for consolidation or merger of banks in order to avoid a condition of
15oversupply of banks in any community or area of the state. The
commissioner 16division may also, if requested so to do, act as mediator or arbitrator to fix any of the
17terms of any such consolidation or merger. It shall be within the power of the board
18of directors of any bank or trust company organized under the laws of this state to
19appropriate a reasonable amount from the assets of the bank toward assisting in
20bringing about a consolidation or merger of banks or to aid in reorganization or in
21avoiding the closing of a bank where such action is deemed to be in the interests of
22safe banking and the maintenance of credit and banking facilities in the county in
23which such bank is located.
AB150-engrossed,2009,4
1221.25
(4) Application for approval of a consolidation under sub. (1) shall be
2made on a form prescribed by the
commissioner division. The application shall be
3accompanied by a fee of $5,000, except that if more than 3 banks are to be
4consolidated the fee is $5,000 plus $1,000 for each bank after the 3rd bank.
AB150-engrossed,2009,20
6221.26 (title)
Banks may be placed in hands of commissioner under
7division control. Any bank doing business under this chapter may place its affairs
8and assets under the control of the
commissioner of banking division by posting a
9notice on its front door, as follows: "This bank is in the hands of the
commissioner
10division of banking". Immediately upon posting such notice, the bank shall notify
11the
commissioner division of such action. The posting of such notice, or the taking
12possession of any bank by the
commissioner division, shall be sufficient to place all
13its assets and property of whatever nature in the possession of the
commissioner 14division, and shall operate as a bar to any attachment proceedings. For each day the
15commissioner division is so placed in possession of the bank, and until such time as
16a special deputy
commissioner of banking is appointed under s. 220.08 (4), the bank
17shall pay to the
commissioner division the actual cost of such liquidation
18proceedings. All such fees shall be paid by the
commissioner division to the state
19treasurer to be placed to the credit of s.
20.124
20.144 (1) (g) in the percentage
20specified in that paragraph.
AB150-engrossed,2010,222
221.27
(2) Every bank shall maintain sufficient reserves to meet anticipated
23withdrawals, commitments and loan demand. Every bank shall maintain at least
24the level of reserves required for it by the federal reserve system. The
commissioner
25of banking division may prescribe additional reserve requirements for an individual
1bank based on examination findings or other reports available to the
commissioner 2division.
AB150-engrossed,2010,54
221.27
(3) (g) Short-term obligations approved by rule of the
commissioner of
5banking division.
AB150-engrossed,2010,18
7221.28 Reserve to be kept up. Whenever the reserve of any bank falls below
8the amount required to be kept, such bank shall not increase its loans or discounts
9otherwise than by discounting or purchasing bills of exchange payable at sight or on
10demand, and the
commissioner division shall notify any bank whose reserve is below
11the amount required, to make good such reserve, and in case the bank fails, for 30
12days thereafter to make good such reserve, the
commissioner division may assess
13such bank $100 for each 2-week period which the bank has been in default or may
14notify the attorney general and the department of justice shall institute proceedings
15for the appointment of a receiver and to wind up the business of the bank. Such
16assessment shall be paid to the
commissioner division and if any such bank fails or
17refuses to pay such assessment the
commissioner division may maintain an action
18for the recovery of the assessment.
AB150-engrossed,2010,2320
221.29
(1) (f) The limitations in this section shall not apply to that portion of
21any loan which is guaranteed by a federal or Wisconsin state guaranty program
22approved by the
commissioner division. The
commissioner division shall designate
23federal and Wisconsin state guaranty programs which qualify under this paragraph.
AB150-engrossed,2011,13
1221.295
(1) Except as provided in sub. (3), a bank may lend under this
2subsection, through the bank or a subsidiary of the bank, to all borrowers from the
3bank and all of its subsidiaries, an aggregate amount not to exceed the percentage
4of its capital and surplus established by the
commissioner division under sub. (3).
5Neither a bank nor any subsidiary of the bank may lend to any borrower, under this
6subsection and any other law or rule, an amount that would result in an aggregate
7amount for all loans to that borrower that exceeds the percentage of the bank's
8capital and surplus established under sub. (3). A bank or its subsidiary may take an
9equity position or other form of interest as security in a project funded through such
10loans. Every transaction by a bank or its subsidiary under this subsection shall
11require prior approval by the board of directors of the bank or its subsidiary,
12respectively. Such loans are not subject to s. 221.36 or to classification as losses for
13a period of 2 years from the date of each loan except as provided in sub. (3).
AB150-engrossed,2012,215
221.295
(2) Except as provided in sub. (3), a bank may invest under this
16subsection amounts not to exceed, in the aggregate, that percentage of its capital and
17surplus established by the
commissioner of banking
division under sub. (3) in equity
18positions, such as profit-participation projects. A bank may take an investment
19position in a project with respect to which it is also a lender. The bank shall limit its
20liability as an investor in a specific project under this subsection to an amount not
21exceeding the amount of its investment in that project. For purposes of calculating
22the bank's aggregate investment under this subsection, the amount of each
23investment shall be established as of the date that the investment is made. Every
24transaction by a bank under this subsection shall require prior approval by the board
1of directors of the bank and shall be disclosed to the shareholders of the bank prior
2to each annual meeting of the shareholders.
AB150-engrossed,2012,114
221.295
(3) The
commissioner of banking division shall establish for each bank
5the applicable percentage, not to exceed 20%, under sub. (1) and the applicable
6percentage, not to exceed 10%, under sub. (2). The
commissioner division may
7withdraw or suspend a percentage established under this subsection and, in such
8case, may specify how outstanding loans or investments shall be treated by the bank
9or subsidiary. Among the factors that the
commissioner division may consider in
10establishing, withdrawing or suspending a percentage under this subsection are the
11bank's capital, assets, management and liquidity ratio and its capital ratio.