214.04(12)(e)
(e) Secure trust funds if acting as a corporate fiduciary. A savings bank may not commingle trust funds under this paragraph with the savings bank's funds, whether deposited by the savings bank or an affiliate.
214.04(13)
(13) To accept for payment at a future date, not to exceed one year from the date of acceptance, drafts drawn upon it by its customers; and to issue, advise or confirm letters of credit authorizing holders to draw drafts upon it or its correspondents.
214.04(14)
(14) Subject to rules of the division, to own and lease personal property acquired by the savings bank at the request of a prospective lessee and, upon the agreement of that person, to lease the personal property.
214.04(15)
(15) To indemnify its officers, directors, employees and agents to the extent authorized for mutual savings and loan associations under
ss. 215.512 to
215.525 if a mutual savings bank, or to the extent authorized under
ss. 180.0850 to
180.0859 if a stock savings bank.
214.04(16)
(16) To provide data processing services to others and to act as a custodian of records for others on a for-profit basis.
214.04(17)
(17) With prior written approval of the division, to acquire all or any part of the assets of a financial institution or to sell all or any part of its assets to another financial institution.
214.04(18)
(18) To borrow money and issue its obligations for the borrowed money, including but not limited to obligations, bonds, notes or other debt securities. Except as otherwise provided by this chapter or by rules of the division, the aggregate amount borrowed may not exceed 50% of the savings bank's total assets, except with the prior written approval of the division. An obligation, bond, note or other debt security may include a written provision subordinating the debt to claims of other creditors or of depositors.
214.04(19)
(19) To utilize data processing services and place records of the savings bank for storage and safekeeping with another person for a fee.
214.04(20)
(20) Upon receiving approval from the division, to act as an authorized agent for its customers in the business and functions under
ch. 217. A savings bank that applies to function as a seller of checks shall meet the application requirements under
ch. 217. The division may not charge a license or investigation fee for an application under this subsection. The seller of checks function of a savings bank shall be under the jurisdiction and supervision of the division. The division shall enforce
ch. 217 as it applies to savings banks. The division shall determine what records shall be maintained and shall require the segregation of funds that are necessary for a savings bank to operate as a seller of checks under this subsection and
ch. 217.
214.04(21)(a)(a) Directly or indirectly, to acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its home office and branch offices, remote service units, in accordance with rules established by the division.
214.04(21)(b)
(b) The rules of the division shall provide that any remote service unit shall be available for use, on a nondiscriminatory basis, by any state or federal savings bank which has its principal place of business in this state, by any other state or federal savings bank obtaining the consent of a state or federal savings bank that has its principal place of business in this state and is using the terminal and by all customers designated by a savings bank using the unit. This paragraph does not authorize a savings bank which has its principal place of business outside this state to conduct business as a savings bank in this state. A remote service unit shall be available for use, on a nondiscriminatory basis, by any credit union, state or national bank or state or federal savings and loan association, whose home office is located in this state, if the credit union, bank or savings and loan association requests to share its use, subject to joint rules established by the division of banking, the office of credit unions and the division. The division by order may authorize the installation and operation of a remote service unit in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.
214.04(21)(c)
(c) If any person primarily engaged in the retail sale of goods or services owns or operates a remote service unit on such person's premises and allows access to the unit by any financial institution, group of financial institutions or their customers, nothing in this paragraph or in rules established by the division shall require such person to accept any connection to or use of the unit on its premises for any other purpose or function or to accept any connection to the unit on its premises by any other financial institution.
214.04(21)(d)
(d) If a person primarily engaged in the retail sale of goods or services owns or operates a remote service unit on such person's premises and allows access to the unit by any financial institution, group of financial institutions or their customers for any purpose or function, laws governing such institutions or rules established by the division shall not apply to such person other than those laws or rules directly related to the particular function performed by the unit on such person's premises for a financial institution.
214.04(21)(e)
(e) Information transmitted from a remote service unit, either identified as to particular transactions or aggregate information, shall only be used for purposes of effecting the financial transactions for which such information was received, for any other purpose lawfully authorized by contract, or for any other purpose permitted by statute and rules pertaining to the dissemination and disclosure of such information.
214.04 Cross-reference
Cross Reference: See also ch.
DFI-SB 12, Wis. adm. code.
214.04(22)
(22) To maintain real estate broker trust accounts under
s. 452.13, attorney trust accounts under
s. 757.293, collection agency trust accounts under
s. 218.04 (9g), burial trust accounts under
s. 445.125 (1) and care funds and preneed trust funds under
s. 157.19.
214.04(23)
(23) To contract for the provision of trust services to its customers with a trust company or other organization with trust powers authorized to do business in this state. For this purpose, the trust company or other organization with trust powers may serve savings bank customers at savings bank facilities on a full-time or part-time basis.
214.04(25)
(25) Subject to rules of the division, to issue credit cards, extend open-end credit and otherwise engage in or participate in credit card operations.
214.04(26)
(26) With the prior approval of the division, establish a limited office.
214.04(27)
(27) After giving notice to the division, establish an extended office.
214.04(28)
(28) To exercise any power reasonably related or incident to the purposes of the savings bank.
214.04 History
History: 1991 a. 221,
315;
1995 a. 27,
55,
103,
295.
214.045
214.045
Status as internal revenue service qualified thrift lender. A savings bank shall qualify for and maintain either the 60% asset test of section
7701 (a) (19) of the internal revenue code, or an asset test prescribed by rule of the division that is not less than the percentage prescribed by section
7701 (a) (19) of the internal revenue code.
214.045 History
History: 1991 a. 221;
1995 a. 27.
214.06(1)(1) With the prior written approval of the division, a savings bank may establish one or more branch offices. A branch office may be located in any of the following:
214.06(2)
(2) A savings bank may operate a branch office outside this state to the same extent that a savings bank holding company or savings bank that has its principal place of business outside this state is allowed to operate in this state under
subch. III.
214.06(3)
(3) A savings bank may establish a branch office as the result of a merger or consolidation, or of the bulk sales of facilities in the case of a relocation.
214.06(4)
(4) A savings bank that purchases or assumes all or any part of the assets or liabilities of another financial institution may retain and maintain the home office or branch offices purchased from that financial institution, as branch offices of the acquiring savings bank.
214.06 History
History: 1991 a. 221;
1995 a. 27.
HOLDING COMPANIES
214.07
214.07
Authorized activities. A savings bank holding company may engage in activities that are authorized by the division.
214.07 History
History: 1991 a. 221;
1995 a. 27.
214.08
214.08
Registration. A savings bank holding company and each subsidiary of a savings bank holding company shall register with the division within 180 days after May 7, 1992, or within 90 days after becoming a savings bank holding company or subsidiary, whichever is later. A savings bank holding company and each subsidiary of a savings bank holding company shall register on forms prescribed by the division. A registration form shall include information with respect to the financial condition, ownership, management, and intercompany relations of the holding company and its subsidiaries and such related matters as the division considers necessary.
214.08 History
History: 1991 a. 221;
1995 a. 27.
214.085
214.085
Reporting requirements. 214.085(1)
(1) A savings bank holding company and each subsidiary of a savings bank holding company shall do all of the following:
214.085(1)(a)
(a) File with the division reports as required by the division. A report shall be on a form prescribed by the division and may require whatever information the division considers to be necessary concerning the operations of each savings bank holding company and subsidiary.
214.085(1)(b)
(b) Maintain such books and records as may be prescribed by the division.
214.085(2)
(2) The division shall assess a savings bank holding company fees and charges as necessary to cover the cost of the division's examination and supervision under this chapter. The division may promulgate rules to establish fees and payment schedules to support registration, examination and supervision under this chapter.
214.085 History
History: 1991 a. 221;
1995 a. 27.
214.09
214.09
Acquisitions. Subject to rules of the division, a savings bank holding company may acquire control of a savings bank or of a savings bank holding company upon application to and with the prior written approval of the division. The application shall be in a form prescribed by the division. The division shall approve the application if the division determines that the acquisition is consistent with the interest of maintaining a sound financial system and that the proposed acquisition does not afford a basis for supervisory objection.
214.09 History
History: 1991 a. 221;
1995 a. 27.
214.095
214.095
Reorganization as a holding company. 214.095(1)
(1) A savings bank may reorganize as a savings bank holding company by doing all of the following:
214.095(1)(a)
(a) Organizing one or more subsidiary savings banks, the ownership of which shall be evidenced by stock shares, to be owned by the organizing parent savings bank.
214.095(1)(b)
(b) Transferring a substantial portion of its assets and all of its insured deposits and part or all of its other liabilities to one or more subsidiary savings banks.
214.095(1)(c)
(c) Preparing articles of incorporation and bylaws for the savings bank holding company.
214.095(2)
(2) In order to effect a reorganization under
sub. (1), the board of directors of the original savings bank shall approve a plan providing for the reorganization. The plan shall be submitted for approval by a majority of all votes entitled to be cast by members or stockholders of the savings bank at a meeting held in accordance with the savings bank's articles of incorporation and bylaws.
214.095(3)
(3) The division shall promulgate rules to regulate the formation of and the ongoing business of the subsidiaries and the savings bank holding company, including the rights of members or stockholders, levels of investment in holding company subsidiaries, and stock sales.
214.095 History
History: 1991 a. 221;
1995 a. 27,
103.
214.095 Cross-reference
Cross Reference: See also ch.
DFI-SB 22, Wis. adm. code.
INTERSTATE ACQUISITION AND MERGER
214.15
214.15
Definitions. In this subchapter:
214.15(1)
(1) "In-state institution" means a savings bank or savings and loan association organized under the laws of this state or federal law and having its home office in this state.
214.15(2)
(2) "In-state holding company" means a savings and loan holding company, as defined in
s. 215.01 (24m), or savings bank holding company that has its principal place of business in this state and is not owned or controlled by a company having its principal place of business outside of this state.
214.15(3)
(3) "Regional institution" means a foreign savings bank, foreign association, federal savings and loan association or federal savings bank that has its accounts insured by a deposit insurance corporation, and which has its home office located in the geographic area and that, if owned or controlled by a company, is owned or controlled by a regional holding company or by an in-state holding company.
214.15(4)
(4) "Regional holding company" means a savings and loan holding company or savings bank holding company that has its principal place of business in the geographic area and is not owned or controlled by a company having its principal place of business outside of the geographic area.
214.15 History
History: 1991 a. 221.
214.155
214.155
In-state institutions. 214.155(1)
(1) A savings bank may do any of the following:
214.155(1)(a)
(a) Acquire direct or indirect ownership or control of voting shares of one or more regional institutions or acquire an interest in, or some or all of the assets and liabilities of, one or more regional institutions.
214.155(2)
(2) A savings bank proposing any action under
sub. (1) shall file an application with the division for approval of the transaction and shall provide the division with copies of all applications and materials filed with a federal agency or agency of another state in seeking approval of the transaction.
214.155 History
History: 1991 a. 221;
1995 a. 27.
214.16
214.16
In-state holding companies. 214.16(1)
(1) An in-state savings bank holding company may do any of the following:
214.16(1)(a)
(a) Acquire direct or indirect ownership or control of voting shares of one or more regional institutions or regional holding companies or acquire an interest in, or some or all of the assets of, one or more regional institutions or regional holding companies.
214.16(1)(b)
(b) Merge with one or more regional holding companies.
214.16(2)
(2) An in-state savings bank holding company proposing any action under
sub. (1) shall file an application with the division for approval of the transaction and shall provide the division with copies of all applications and materials filed with a federal agency or agency of another state in seeking approval of the transaction.
214.16 History
History: 1991 a. 221;
1995 a. 27.
214.165
214.165
Regional institutions and regional holding companies. Except as provided in
s. 214.17, a regional institution or regional holding company may do any of the following:
214.165(1)
(1) Acquire direct or indirect ownership or control of voting shares of one or more savings banks or in-state savings bank holding companies or acquire an interest in, or some or all of the assets and liabilities of, one or more savings banks or in-state savings bank holding companies.
214.165(2)
(2) Merge with one or more in-state savings bank holding companies.
214.165 History
History: 1991 a. 221.
214.17
214.17
Limitations. A regional institution or regional holding company may not take any action under
s. 214.165 until all of the following conditions have been met:
214.17(1)
(1) The division finds that the statutes of the state in which the regional institution or regional holding company has its principal place of business permit all of the following:
214.17(1)(a)
(a) Wisconsin savings banks to acquire one or more regional institutions in the state.
214.17(1)(b)
(b) In-state savings bank holding companies both to acquire one or more regional institutions and to acquire and merge with one or more regional holding companies in the state.
214.17(2)
(2) The division has not disapproved the acquisition of the savings bank or the acquisition or merger with the in-state savings bank holding company under
s. 214.18.
214.17(3)
(3) The division publishes under
ch. 985 a class 3 notice, in the official state newspaper, of the application to take an action under
s. 214.165 and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final notice or if the division on the division's own motion calls for a hearing within 30 days of the final notice, the division holds a public hearing on the application, except that a hearing is not required if the division finds that an emergency exists and that the proposed action under
s. 214.165 is necessary and appropriate to prevent the probable failure of an in-state savings bank that is closed or in danger of closing.
