SB494,43,22 17(4) Use of transmitted information. Information transmitted from a customer
18bank communications terminal, either identified as to particular transactions or
19aggregate information, may be used only for purposes of effecting the financial
20transactions for which the information was received, for any other purpose lawfully
21authorized by contract or for any other purpose permitted by statute or rules
22pertaining to the dissemination and disclosure of such information.
SB494,44,8 23221.0304 Safe deposits. A bank may take and receive personal property from
24any person for safekeeping and storage and may rent out the use of safes or other
25receptacles upon its premises upon such compensation as may be agreed upon. The

1bank has a lien for its charges on any property taken or received by it for safekeeping.
2If the lien is not paid within 2 years after the date the charges accrue, or if the
3property taken or received by the bank is not called for within 2 years after the date
4the charges accrue, the bank may sell the property at public auction. The bank shall
5provide such notice as is required for the sale of personal property on execution. After
6retaining from the proceeds of such sale all the liens and charges due the bank and
7the reasonable expenses of the sale, the bank shall pay the balance to the person who
8deposited the property, or to the person's legal representatives or assignees.
SB494,44,16 9221.0305 Memberships and investments in federal reserve bank. A
10bank may purchase and hold, for the purpose of becoming a member of the federal
11reserve bank, so much of the capital stock of the federal reserve bank as will qualify
12it for membership under 12 USC 321 to 339 in the federal reserve bank. The bank
13may become a member of the federal reserve bank, and may have and exercise all
14powers, not in conflict with the laws of this state, that are conferred upon a member
15bank. The member bank and its directors, officers and shareholders remain subject
16to all liabilities and duties imposed upon them by the laws of this state.
SB494,44,25 17221.0306 Memberships and investments in federal home loan bank. (1)
18Permitted activities. Subject to review by the division under sub. (2), a bank may,
19with the approval of its board of directors, purchase and hold capital stock of the
20federal home loan bank for the purpose of becoming a member of the federal home
21loan bank under 12 USC 1421 to 1449. A bank that becomes a member may exercise
22borrowing privileges or use any other services offered to a member by the federal
23home loan bank, if the privileges or services are not in conflict with the laws of this
24state. Without becoming a member, a bank may exercise deposit privileges and use
25other services offered to nonmembers by the federal home loan bank.
SB494,45,9
1(2) Notice and review. A bank that intends to become a member of the federal
2home loan bank shall give the division written notice of its intention to apply for
3membership. The division may prohibit a bank from becoming a member if the
4bank's capital and undistributed surplus is less than the amount required for that
5bank or if the division finds that the bank is in an unsafe or unsound condition. The
6division shall have 30 days after the date on which the notice is received to issue a
7prohibition under this subsection. The division may extend the time for issuing a
8prohibition up to 30 additional days if the division notifies the bank before the initial
930-day period expires that the division is extending the time limit.
SB494,45,20 10221.0307 Memberships and investments in other state and federal
11agencies.
A bank may, with the approval of the division and by action of the bank's
12board of directors, acquire and hold the stock of any state or federal agency or of any
13similar institution approved by the division. A bank that intends to make such an
14investment shall give the division written notice of its intention. The division may
15disallow the investment if it finds that the bank is in an unsafe or unsound condition
16or that the transaction would be an unsafe or unsound investment for the bank. The
17division shall have 30 days after the date on which notice is received to issue a
18prohibition under this section. The division may extend the time for issuing the
19prohibition to 30 additional days if the division notifies the bank before the initial
2030-day period expires that the division is extending the time limit.
SB494,46,10 21221.0308 Benefits under federal law; Federal Deposit Insurance
22Corporation.
A bank may, by action of its board of directors, enter into such
23contracts, incur such obligations and perform such acts as may be necessary or
24appropriate in order to take advantage of any and all memberships, loans,
25subscriptions, contracts, grants, rights or privileges that may at any time be

1available or inure to banking institutions or to their depositors, creditors,
2shareholders, conservators, receivers or liquidators, by virtue of any federal law
3establishing the Federal Deposit Insurance Corporation; providing for the insurance
4of deposits; or regulating or safeguarding banking institutions and their depositors.
5A bank may also subscribe for and acquire any stock, debenture, bond or other type
6of security of the Federal Deposit Insurance Corporation. A bank that becomes a
7member of the Federal Deposit Insurance Corporation shall comply with the lawful
8regulations and requirements issued by the Federal Deposit Insurance Corporation.
9The bank and its directors, officers and shareholders shall continue to be subject to
10all liabilities and duties imposed upon them by any laws of this state.
SB494,46,20 11221.0309 Investments in international banking and financial
12institutions.
A bank may, with the approval of the division, invest an amount not
13exceeding in the aggregate 15% of its capital in one or more corporations principally
14engaged in international or foreign banking, or banking in dependencies or insular
15possessions of the United States, organized pursuant to 12 USC 611 to 631. A bank
16may also invest, with the approval of the division, an amount not exceeding in the
17aggregate 10% of its capital in the stock of one or more corporations principally
18engaged in international or foreign financial operations other than banking, as well
19as such financial operations in dependencies or insular possessions of the United
20States, organized pursuant to 12 USC 611 to 631.
SB494,47,3 21221.0310 Federal national mortgage association. A bank that has loans
22secured by real estate mortgages may, with the approval of the division, sell all or any
23portion of the loans to the federal national mortgage association, or any successor to
24that association. In connection with this sale of loans, the bank may make payments
25of any required capital contributions in the nature of subscriptions for stock of the

1federal national mortgage association or any successor to that association, may
2receive stock evidencing these capital contributions and may hold or dispose of this
3stock.
SB494,47,7 4221.0311 Investments in agricultural credit corporations. A bank may
5invest, with the approval of the division, in an agricultural credit corporation.
6Unless a bank owns at least 80% of the stock of the agricultural credit corporation,
7the amount invested by the bank may not exceed 20% of the bank's capital.
SB494,47,11 8221.0312 Investments in development companies. A bank is authorized
9to invest, in an amount not to exceed in the aggregate 5% of its capital, in shares of
10the Wisconsin Development Credit Corporation and in shares of small business
11investment companies located in this state.
SB494,47,20 12221.0313 Information to division; stock holdings. A bank that invests in
13the capital stock of other banks or of corporations as provided in this chapter shall
14furnish information concerning the condition of the other banks or corporations to
15the division upon demand. If the division determines that the bank is not complying
16with rules of the division regarding these investments, the division may institute an
17investigation of the bank's investments. If the investigation establishes a violation
18of division rules regarding permissible investments, the division may require the
19bank to dispose of its investment in the other bank or corporation, upon reasonable
20notice.
SB494,48,6 21221.0314 Sale of U.S. bonds. A bank may, by resolution of its board of
22directors authorizing such action, act as agent for the U.S. treasury or other
23instrumentality of the United States in connection with the sale of bonds or other
24obligations of the United States or an instrumentality of the United States, if
25designated as agent by the secretary of the U.S. treasury or by the other

1instrumentality. A bank may enter into contracts, incur obligations, make
2investments, pledge assets or take other actions if necessary or appropriate in order
3to act as agent under this section. A bank may exercise powers granted under this
4section only upon express approval previously granted by the division, and only in
5such manner and to such extent as the division may approve, and with such
6limitations upon the exercise of those powers as the division may impose.
SB494,48,9 7221.0315 Insurance activities. (1) Insurance intermediary activities
8permitted.
A bank, or an officer or salaried employe of a bank, may obtain a license
9as an insurance intermediary, if otherwise qualified.
SB494,48,11 10(2) Insurance underwriting prohibited. A bank may not, directly or through
11a subsidiary, engage in the business of underwriting insurance.
SB494,48,21 12221.0316 Trust powers. (1) General. When authorized by the division, and
13after the bank has in good faith complied with all requirements of law and fulfilled
14all the conditions precedent to the exercise of trust powers imposed by law upon trust
15company banks, a bank may act as trustee, executor, administrator, registrar of
16stocks and bonds, guardian of estates, assignee, receiver, and in any other fiduciary
17capacity in which trust company banks are permitted to act. A bank authorized by
18the division to exercise trust powers under this section shall comply with s. 223.02
19before exercising such authority. Upon compliance with s. 223.02, the bank is
20entitled to the same exemption as to making and filing any oath or giving any bond
21or security as is conferred on trust company banks by s. 223.03 (8).
SB494,48,24 22(2) Application and approval. (a) With its application for permission to
23exercise trust powers under this section, a bank shall submit to the division a fee
24determined by the division.
SB494,49,9
1(b) In approving an application by a bank to exercise trust powers, the division
2may take into consideration the amount of capital of the applying bank, whether the
3capital is sufficient under the circumstances, the needs of the community to be
4served, and any other facts and circumstances that may be material. The division
5shall approve or disapprove the application within 6 months after the date on which
6the application is filed. The division may approve an application under this
7subsection if the division is satisfied that the bank has in good faith complied with
8all the requirements of law and has fulfilled all the conditions precedent to the
9exercise of these powers imposed by law.
SB494,49,1510 (c) If the division approves the application, the division shall issue, in duplicate,
11a special authorization certificate to the bank. The certificate shall state that the
12bank has complied with the provisions of law applicable to banks exercising trust
13powers and that the bank is authorized to exercise trust powers. One of the duplicate
14special authorization certificates shall be transmitted by the division to the bank and
15the other shall be filed with the division.
SB494,49,1716 (d) In exercising trust powers, a bank shall comply with all the provisions of
17law applicable to individuals acting in a trust or fiduciary capacity.
SB494,50,3 18(3) Trust funds; how kept. A bank that exercises trust powers shall keep its
19trust accounts in books separate from its other books of account. All funds and
20property held by the bank in a trust capacity shall, at all times, be kept separate from
21the other funds and property of the bank, except that uninvested trust funds may be
22deposited in an account in the bank or in any other bank that is a member of the
23Federal Deposit Insurance Corporation. All deposits of uninvested trust funds shall
24be deposited as trust funds to its credit as trustee. In the event of insolvency or
25liquidation of a bank in which the accounts are maintained, all bank accounts

1comprising trust funds so deposited have preference and priority in all assets of the
2bank over the bank's general creditors, without the necessity of tracing or identifying
3the trust funds.
SB494,50,11 4(4) Trust service offices. A state bank exercising trust powers may, with the
5approval of the division, establish and maintain a trust service office at any office in
6this state of any other depository institution, as defined under s. 221.0901 (2) i). A
7state bank may, with the approval of the division, permit any other depository
8institution, as defined under s. 221.0901 (2) (i), exercising trust powers or any trust
9company bank organized under ch. 223 to establish and maintain a trust service
10office at any of its banking offices. The establishment and operation of a trust service
11office are subject to s. 223.07. This subsection does not authorize branch banking.
SB494,50,14 12221.0317 Securitization of assets. A bank may, with the approval of the
13division, securitize its assets for sale to the public in accordance with the rules which
14shall be promulgated by the division under this section.
SB494,50,19 15221.0318 Notes and debentures. (1) Issuance. A bank may, by the action
16of its board of directors, issue and sell its notes or debentures of one or more classes
17in the amount, in the form and with the maturity determined by the board. The notes
18and debentures may confer such rights and privileges upon the holders of the notes
19and debentures as determined by the board.
SB494,50,22 20(2) Limitation on issuance. A bank may issue notes and debentures if the
21amount issued is within limits previously established by the division for issuances
22by the bank.
SB494,50,24 23(3) Status as capital of bank. Notes and debentures issued by a bank
24constitute capital of the bank, only if approved by the division.
SB494,51,5
1(4) Retirement of notes and debentures. Before a bank may retire or pay
2notes or debentures, any existing deficiency of the bank's capital, disregarding the
3notes and debentures to be retired, must be paid in cash or in assets acceptable to
4the division, so that the sound capital assets of the bank shall at least equal the
5capital stock of the bank.
SB494,51,9 6(5) Liability for assessment. A bank's notes or debentures are not subject to
7any assessment. The holders of these notes or debentures are not liable for the debts,
8contracts or engagements of the bank or for assessments to restore impairments in
9the capital of the bank.
SB494,51,11 10221.0319 Real estate. (1) Purposes for which real estate may be held. A
11bank may purchase, lease, hold and convey only the following types of real estate:
SB494,51,1712 (a) Real estate necessary for the convenient transaction of its business,
13including facilities connected with the office, furniture, equipment and fixtures. A
14bank may include with its banking offices, other facilities to rent as a source of
15income. A bank may also invest in the stocks, bonds or obligations of a bank building
16corporation. A bank's investment under this paragraph or its liability for it may not
17exceed in the aggregate 60% of the bank's capital.
SB494,51,1918 (b) Real estate conveyed to the bank in satisfaction of debts previously
19contracted in the course of the bank's business.
SB494,51,2220 (c) Real estate purchased at sale on judgments, decrees or mortgage
21foreclosures under securities held by the bank, but a bank may not bid at a sale a
22larger amount than is necessary to satisfy its debts and costs.
SB494,52,223 (d) Subject to the approval of the division, real estate purchased and held for
24the purpose of providing needed housing accommodations for its essential employes

1who are relocated by the bank, including purchasing the former residence of the
2relocated, essential employe.
SB494,52,43 (e) Real estate acquired or held for such other purposes as may be approved by
4the division, subject to s. 221.0321.
SB494,52,10 5(2) Time limitation. Real estate acquired under sub. (1) (b), (c) or (d) may not
6be held for more than 5 years, unless an extension is granted by the division. If an
7application for an extension is denied, the real estate must be sold at a private or
8public sale within one year after the denial of the application. This section does
9prevent a bank from lending money secured by real estate as provided by law. Real
10estate may be conveyed under the signature of an officer of the bank.
SB494,52,17 11(3) Holding companies. Subject to sub. (1) (a), a bank may convey real estate
12to an entity engaged solely in holding property of the bank, to a bank holding
13company, as defined in 12 USC 1841 (a), of which the bank is a subsidiary or to any
14other subsidiary of that bank holding company. A liability of the entity holding
15property of the bank, bank holding company or subsidiary of the bank holding
16company to the bank that results from a conveyance under this subsection is not
17subject to the limitation under s. 221.0320 (1).
SB494,52,24 18221.0320 Limit of loans and investments. (1) In general. Except as
19provided in subs. (2) to (8) and s. 221.0319 (3), the total liabilities of any person, other
20than a municipal corporation, to a bank for money borrowed may not, at any time,
21exceed 20% of the capital of the bank. In determining compliance with this section,
22the total liabilities of a partnership includes the liabilities of the general partners of
23the partnership, computed individually as to each general partner on the basis of his
24or her direct liability.
SB494,53,3
1(2) Warehouse receipts and certain bonds and notes. The percentage
2limitation under sub. (1) is 50% of the bank's capital, if the liabilities under sub. (1)
3are limited to the following types of liabilities:
SB494,53,74 (a) A liability secured by warehouse receipts issued by warehouse keepers
5licensed and bonded in this state under ss. 99.02 and 99.03 or under the federal
6bonded warehouse act or holding a registration certificate under ch. 127, if all of the
7following requirements are met:
SB494,53,88 1. The receipts cover readily marketable nonperishable staples.
SB494,53,99 2. The staples are insured, if it is customary to insure the staples.
SB494,53,1110 3. The market value of the staples is not, at any time, less than 140% of the face
11amount of the obligation.
SB494,53,1312 (b) A liability in the form of a note or bond that meets any of the following
13qualifications:
SB494,53,1614 1. The note or bond is secured by not less than a like amount of bonds or notes
15of the United States issued since April 24, 1917, or certificates of indebtedness of the
16United States.
SB494,53,2117 2. The note or bond is secured or covered by guarantees or by commitments or
18agreements to take over, or to purchase the bonds or notes, and the guarantee,
19commitment or agreement is made by a federal reserve bank, the federal small
20business administration, the federal department of defense or the federal maritime
21commission.
SB494,53,2322 3. The note or bond is secured by mortgage or trust deeds insured by the federal
23housing administrator.
SB494,53,25 24(3) Obligations of certain local governmental units. (a) In this subsection,
25"local governmental unit" has the meaning given in s. 16.97 (7).
SB494,54,3
1(b) Except as otherwise provided in this subsection, the total liabilities of a local
2governmental unit to a bank for money borrowed may not, at any time, exceed 25%
3of the capital of the bank.
SB494,54,94 (c) Liabilities in the form of revenue obligations of a local governmental unit
5are subject to the limitations provided in par. (b). In addition, a bank is permitted
6to invest in a general obligation of that local governmental unit in an amount that
7will bring the combined total of the general obligations and revenue obligations of
8a single local governmental unit to a sum not in excess of 50% of the capital of the
9bank.
SB494,54,1310 (d) If the liabilities of the local governmental unit are in the form of bonds, notes
11or other evidences of indebtedness that are a general obligation of a local
12governmental unit in this state, the total liability of the local governmental unit may
13not exceed 50% of the capital of the bank.
SB494,54,1814 (e) The total amount of temporary borrowings of any local governmental unit
15maturing within one year after the date of issue may not exceed 60% of the capital
16of the bank. Temporary borrowings and longer-term general obligation borrowings
17of a single local governmental unit in this state may be considered separately in
18arriving at the limitations provided in this paragraph.
SB494,54,24 19(4) Obligations of certain international organizations; other foreign bonds.
20A bank may purchase bonds offered for sale by the International Bank for
21Reconstruction and Redevelopment and the Inter-American Development Bank or
22such other foreign bonds as may be approved under rules established by the division.
23At no time shall the aggregate investment in any of these bonds issued by a single
24issuer exceed 10% of the capital of such bank.
SB494,55,6
1(5) Foreign national government bonds. A bank may invest in general
2obligation bonds issued by any foreign national government if the bonds are payable
3in American funds. The aggregate investment in these foreign bonds may not exceed
43% of the capital of the bank, except that this limitation does not apply to bonds of
5the Canadian government and Canadian provinces that are payable in American
6funds.
SB494,55,8 7(6) Deposits. A bank may invest in time deposits and certificates of deposit of
8other financial institutions in an amount not to exceed the following:
SB494,55,129 (a) In each domestic insured U.S. bank, including its offshore branches, and in
10each domestic insured savings and loan association, savings bank or credit union,
1120% of capital or, in domestic insured financial institutions including their offshore
12branches designated by the board of directors, 50% of capital.
SB494,55,1513 (b) In each uninsured bank or foreign bank, including its domestic branches,
14and in any other savings and loan association, savings bank or credit union, 20% of
15capital.
SB494,55,22 16(7) Limits established by board. (a) A bank may not make or renew a loan or
17loans, the aggregate total of which exceeds the level established by the board of
18directors without being supported by a signed financial statement unless the loan is
19secured by collateral having a value in excess of the amount of the loan. A signed
20financial statement furnished by the borrower to a bank in compliance with this
21paragraph must be renewed annually as long as the loan or any renewal of the loan
22remains unpaid and is subject to this paragraph.
SB494,56,223 (b) A loan or a renewal of a loan made by a bank in compliance with par. (a),
24without a signed financial statement, may be treated by the bank as entirely

1independent of any secured loan made to the same borrower if the loan does not
2exceed the limitations provided in this section.
SB494,56,3 3(8) Exceptions. This section does not apply to any of the following:
SB494,56,64 (a) A liability that is secured by not less than a like amount of direct obligations
5of the United States which will mature not more than 18 months after the date such
6liabilities to the bank are entered into.
SB494,56,97 (b) A liability that is a direct obligation of the United States or this state, or an
8obligation of any governmental agency of the United States or this state, that is fully
9and unconditionally guaranteed by the United States or this state.
SB494,56,1110 (c) A liability in the form of a note, debenture or certificate of interest of the
11Commodity Credit Corporation.
SB494,56,1312 (d) A liability in the form of a note or debenture issued by the federal national
13mortgage association or the export-import bank of Washington.
SB494,56,1514 (e) A liability in the form of a note, debenture or bond issued by the federal home
15loan bank.
SB494,56,1816 (f) A liability created by the discounting of bills of exchange drawn in good faith
17against actually existing values or the discounting of commercial or business paper
18actually owned by the person negotiating the same.
SB494,57,6 19221.0321 Other loans and investments. (1) Permitted lending. Except as
20provided in sub. (3), a bank may lend under this subsection, through the bank or a
21subsidiary of the bank, to all borrowers from the bank and all of its subsidiaries, an
22aggregate amount not to exceed the percentage of its capital established by the
23division under sub. (3). Neither a bank nor any subsidiary of the bank may lend to
24any borrower, under this subsection and any other law or rule, an amount that would
25result in an aggregate amount for all loans to that borrower that exceeds the

1percentage of the bank's capital established under sub. (3). A bank or its subsidiary
2may take an equity position or other form of interest as security in a project funded
3through these loans. A transaction by a bank or its subsidiary under this subsection
4requires prior approval by the board of directors of the bank or its subsidiary,
5respectively. Except as provided in sub. (3), these loans are not subject to s. 221.0326
6or to classification as losses, for a period of 2 years from the date of each loan.
SB494,57,18 7(2) Permitted investments. Except as provided in sub. (3), a bank may invest
8under this subsection, through the bank or subsidiary of the bank, amounts not to
9exceed, in the aggregate, that percentage of its capital established by the division
10under sub. (3) in equity positions, such as profit-participation projects. A bank may
11take an investment position in a project with respect to which it is also a lender. The
12bank shall limit its liability as an investor in a specific project under this subsection
13to an amount not exceeding the amount of its investment in that project. For
14purposes of calculating the bank's aggregate investment under this subsection, the
15amount of each investment shall be established as of the date that the investment
16is made. A transaction by a bank under this subsection requires prior approval by
17the board of directors of the bank and shall be disclosed to the shareholders of the
18bank prior to each annual meeting of the shareholders.
SB494,58,2 19(3) Limits established by the division. The division shall establish for each
20bank the applicable percentage, not to exceed 20%, under sub. (1) and the applicable
21percentage, not to exceed 20%, under sub. (2). The division may withdraw or suspend
22a percentage established under this subsection and, in such case, may specify how
23outstanding loans or investments shall be treated by the bank or its subsidiary.
24Among the factors that the division may consider in establishing, withdrawing or

1suspending a percentage under this subsection are the bank's capital, assets,
2management and liquidity ratio, and capital ratio.
SB494,58,6 3(4) Record-keeping requirements. At the time of making a loan or investment,
4the bank or its subsidiary shall note in its records whether it is made under sub. (1)
5or (2). The forms of security for loans under sub. (1) and the forms of investment
6under sub. (2) shall be as approved by the division by rule.
SB494,58,15 7(5) Certain secured loans. A bank may make loans secured by assignment or
8transfer of stock certificates or other evidence of the borrower's ownership interest
9in a corporation formed for the cooperative ownership of real estate. Sections 846.10
10and 846.101, as they apply to a foreclosure of a mortgage involving a one-family
11residence, apply to a proceeding to enforce the lender's rights in security given for
12a loan under this subsection. The division shall promulgate joint rules with the
13division of credit unions and the division of savings and loan that establish
14procedures for enforcing a lender's rights in security given for a loan under this
15subsection.
SB494,58,18 16(6) Investments in other financial institutions. In addition to the authority
17granted under s. 221.1201 and subject to the limitations of sub. (3), a bank may invest
18in other financial institutions.
SB494,58,24 19221.0322 Additional banking authority. (1) Other permitted activities
20or powers.
Subject to any regulatory approval required by law and subject to sub.
21(2) and s. 221.0315 (2), a bank, directly or through a subsidiary of the bank, may
22undertake any activity, exercise any power or offer any financially related product
23or service in this state that any other provider of financial products or services may
24undertake, exercise or provide or that the division finds to be financially related.
SB494,59,8
1(2) Division rules. The activities, powers, products and services that may be
2undertaken, exercised or offered by banks under sub. (1) are limited to those
3specified by rule of the division and, with respect to loans under s. 221.0321 (1) and
4investments under s. 221.0321 (2), are subject to the limitations set forth in s.
5221.0321. The division may direct any bank to cease any activity, the exercise of any
6power or the offering of any product or service authorized by rule under this
7subsection. Among the factors that the division may consider in so directing a bank
8are the bank's capital, assets, management and liquidity ratio, and capital ratio.
SB494,59,11 9221.0323 Bank purchase of its own stock. (1) In general. A bank may be
10the holder or purchaser of not more than 10% of its capital stock, capital notes or
11debentures, except as provided in sub. (2).
SB494,59,21 12(2) Debts previously contracted. A bank may be the holder or purchaser of
13more than 10% of its capital stock, capital notes or debentures if the purchase is
14necessary to prevent loss upon a debt previously contracted in good faith. Stock,
15notes or debentures purchased under this subsection may not be held by the bank
16for more than 6 months if the stock, notes or debentures can be sold for the amount
17of the claim of the bank against the same, and they must be sold for the best price
18obtainable within one year, or they shall be canceled, and shall then amount to a
19reduction of the capital stock, capital notes or debentures. If the reduction reduces
20the capital stock below the minimum required by law, the bank's capital stock must
21be increased to the amount required by law.
SB494,59,24 22(3) Use as security. A bank may not loan any part of its capital, surplus or
23deposits on the capital stock, capital notes or debentures of its own bank as collateral
24security.
SB494,60,4
1(4) Status of treasury shares. Treasury shares are issued shares but not
2outstanding shares. All shares acquired by a bank after the effective date of this
3subsection .... [revisor inserts date], constitute treasury shares unless any of the
4following conditions exists:
SB494,60,55 (a) The articles of incorporation prohibit treasury shares.
SB494,60,76 (b) The board of directors, by resolution, cancels the acquired shares, in which
7event the shares are restored to the status of authorized but unissued shares.
SB494,60,10 8(5) Prohibition in articles of incorporation. If the articles of incorporation
9prohibit treasury shares, all of its own shares acquired by the bank shall be restored
10to the status of authorized but unissued shares.
SB494,60,14 11(6) Saving clause. Treasury shares existing on the effective date of this
12subsection .... [revisor inserts date], remain treasury shares until disposed of,
13canceled or restored to the status of authorized but unissued shares by action of the
14board of directors or shareholders.
SB494,60,19 15221.0324 Assets not to be pledged as security. (1) In general. A bank or
16bank officer may not give preference to any depositor or creditor by pledging the
17assets of the bank as collateral security, except to secure deposits where otherwise
18permitted or required by law for a particular depositor, to secure repurchase
19agreements entered into by the bank or as otherwise provided under this section.
SB494,60,23 20(2) Government deposits. A bank may deposit with the treasurer of the United
21States, or in the custody of federal reserve banks or branches of the federal reserve
22banks designated by a court, so much of its assets, not exceeding its capital and
23surplus, as may be necessary to do any of the following:
SB494,60,2524 (a) To qualify as a depository for postal savings funds and other government
25deposits.
SB494,61,6
1(b) To qualify as a depository for bankrupt estates, debtors, corporations and
2railroads under reorganization under federal bankruptcy laws and receivers,
3trustees and other officers thereof appointed by any U.S. district court or by any
4bankruptcy court of the United States. In acting as a depository under this
5paragraph, a state bank has all the rights and privileges granted to banking
6institutions under section 61 of the U.S. bankruptcy act, as amended.
SB494,61,13 7(3) Temporary purposes. A bank may borrow money for temporary purposes,
8and may pledge assets of the bank not exceeding 50% in excess of the amount
9borrowed as collateral security for this borrowing, if the board of directors has
10adopted a resolution designating the lender from which the money may be borrowed,
11the maximum amount for which the bank may become indebted at any one time and
12the names of the officers who may sign the promissory note evidencing the
13indebtedness.
SB494,61,17 14(4) Bond requirements. A bank that is authorized to exercise trust powers and
15that complies with s. 223.02 is exempt from furnishing the bond specified in s.
16221.0316 and is entitled to the same exemption as to making and filing any oath or
17giving any bond or security as is conferred on trust company banks by s. 223.03 (8).
SB494,61,22 18(5) Pledges to federal reserve board. A bank may pledge assets in an amount
19not to exceed 4 times the amount of its capital to the federal reserve bank, as fiscal
20agent of the United States, of the federal reserve district in which it is located, except
21that no such pledge shall be made in excess of the amount of its capital without the
22consent of the division.
SB494,61,24 23(6) Borrowing to reloan. If a bank is borrowing habitually for the purpose of
24reloaning, the division may require the bank to repay money so borrowed.
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