214.01(1)(um)
(um) “Subsidiary" means a company that is controlled by a person or by a company.
214.01(1)(v)
(v) “Value" means the present worth of all rights to future benefits arising from ownership.
214.01(2)
(2) Any of the following persons shall be considered to be a person affiliated with a savings bank:
214.01(2)(a)
(a) A director, officer or controlling person of a savings bank.
214.01(2)(b)
(b) A spouse of a director, officer or controlling person of a savings bank.
214.01(2)(c)
(c) A member of the immediate family of a director, officer or controlling person of a savings bank, who has the same home as that person or who is a director or officer of any subsidiary of the savings bank or of any holding company affiliate of the savings bank.
214.01(2)(d)
(d) A corporation or organization, other than the savings bank or a corporation or organization through which the savings bank operates, of which a director, officer or controlling person of the savings bank is any of the following:
214.01(2)(d)1.
1. Chief executive officer, chief financial officer or a person performing similar functions.
214.01(2)(d)3.
3. A limited partner who, directly or indirectly either alone or with a spouse and the members of the person's immediate family who are also affiliated persons, owns an interest of 10 percent or more in the partnership, based on the value of the person's contribution, or who, directly or indirectly with other directors, officers and controlling persons and their spouses and their immediate family members who are also affiliated persons, owns an interest of 25 percent or more in the partnership.
214.01(2)(d)4.
4. A person who, directly or indirectly either alone or with a spouse and the members of the person's immediate family who are also affiliated persons, owns or controls 10 percent or more of any class of equity securities or owns or controls, with other directors, officers and controlling persons of the savings bank and their spouses and their immediate family members who are also affiliated persons of the savings bank, 25 percent or more of any class of equity securities.
214.01(3)(a)(a) A person is considered to have control of a savings bank, savings bank subsidiary, affiliate or savings bank holding company if the person, acting alone or in concert with one or more persons, owns, holds, or directs with power to vote or holds proxies representing, 10 percent or more of the voting shares or rights of a savings bank, savings bank subsidiary, affiliate or savings bank holding company; or has the ability to achieve in any manner the election or appointment of a majority of the directors of a savings bank, savings bank subsidiary, affiliate or savings bank holding company.
214.01(3)(b)
(b) A person shall not be considered to have control of a savings bank or savings bank holding company because of any of the following:
214.01(3)(b)1.
1. Ownership or control of shares in a fiduciary capacity arising in the ordinary course of its business.
214.01(3)(b)2.
2. Ownership or control of shares acquired in connection with its underwriting of securities that are held only for that period of time that will permit the sale of the shares upon a reasonable basis.
214.01(3)(b)3.
3. Holding shares as collateral taken in the ordinary course of securing a debt or other obligation.
214.01(3)(b)4.
4. Ownership or control of shares acquired in the ordinary course of collecting a debt or other obligation previously contracted for in good faith, until 2 years after the date acquired.
214.01(3)(b)5.
5. Voting rights acquired in the course of a proxy solicitation in the case of a company formed and operated for the sole purpose of participating in a proxy solicitation.
214.01(3)(b)6.
6. Voting rights acquired by proxy if the proxies are obtained from depositors and the proxies are voted as directed by a majority of the board of directors of the savings bank or savings bank holding company, or of a committee of directors if the committee's composition and powers may be revoked by a majority vote of the board of directors.
214.01 Cross-reference
Cross-reference: See also ch.
DFI-SB 1, Wis. adm. code.
214.015
214.015
Administration. This chapter shall be administered by the division.
214.015 History
History: 1991 a. 221;
1995 a. 27.
214.015 Cross-reference
Cross-reference: See also
DFI-SB, Wis. adm. code.
214.02(1)(1) This chapter applies to a savings bank.
214.02(2)
(2) A person who is not a savings bank may not transact business within the scope of this chapter or do business under any name or title or circulate or use any advertising or make any representations or give any information to anyone using any media, including electronic media, that indicates or implies the operation of a business within the scope of this chapter.
214.02 History
History: 1991 a. 221.
214.025
214.025
Insurance of accounts. A savings bank shall secure insurance of its deposit accounts by a deposit insurance corporation before commencing business and may, subject to rules of the division, obtain insurance of deposits in excess of the amount eligible for insurance by a deposit insurance corporation.
214.025 History
History: 1991 a. 221;
1995 a. 27.
214.03(1)(1) Subject to the regulation of the division and in addition to the powers granted by this chapter, a savings bank may, directly or through a subsidiary, undertake any activity, exercise any power or offer any financially related product or service in this state that any other provider of financial products or services may undertake, exercise or provide or that the division finds to be financially related.
214.03(2)
(2) The activities, powers, products and services that may be undertaken, exercised or offered by a savings bank under
sub. (1) are limited to those specified by rule of the division. The division may direct a savings bank to cease any activity, the exercise of any power or the offering of any product or service authorized by rule under this subsection. Among the factors that the division may consider in so directing a savings bank are the savings bank's net worth, assets, management rating, liquidity ratio and ratio of net worth to assets.
214.03(3)
(3) This section does not authorize a savings bank, directly or through a subsidiary, to engage in the business of underwriting insurance.
214.03 History
History: 1991 a. 221;
1995 a. 27.
214.03 Cross-reference
Cross-reference: See also chs.
DFI-SB 16 and
17, Wis. adm. code.
214.035(1)(1) An institution organized under this chapter shall be known as a state savings bank and shall adopt a name that identifies it as such and that includes the term “savings". The division shall approve the name of a savings bank.
214.035(2)
(2) Notwithstanding
sub. (1), an association, as defined in
s. 215.01 (1), that converts to a savings bank may use a name that does not include the term “savings" in its name if that name was approved for use by the association by the division under
ch. 215 before February 12, 1992, and that name is approved by the division under this subsection as appropriate to identify the converted association as a savings bank.
214.035(3)
(3) Notwithstanding
sub. (1), a federally chartered financial institution that converts to a savings bank may use a name that does not include the term “savings" in its name if the financial institution did not use the term “savings" in its name on May 7, 1992, and its name is approved by the division as appropriate to identify the converted institution as a savings bank.
214.035(4)(a)(a) Except as provided in
par. (c), no person may use the name, logo, or symbol, or any combination thereof, of a savings bank, or any name, logo, or symbol, or any combination thereof, that is deceptively similar to the name, logo, or symbol of a savings bank, in any marketing material provided to or solicitation of another person in a manner such that a reasonable person may believe that the marketing material or solicitation originated from or is endorsed by the savings bank or that the savings bank is responsible for the marketing material or solicitation.
214.035(4)(b)
(b) The division shall direct any person the division finds to have violated
par. (a) to cease and desist from violating
par. (a). If a person violates
par. (a) after receiving such direction, the division may impose a forfeiture of up to $1,000 for each violation. Each instance in which marketing material is provided to another person or solicitation of another person takes place in violation of
par. (a) constitutes a separate violation. This subsection does not affect the availability of any remedies otherwise available to a savings bank.
214.035(4)(c)
(c) Paragraph (a) does not apply to a person who uses the name, logo, or symbol of a savings bank in any of the following circumstances:
214.035(4)(c)2.
2. If the person is the savings bank, an affiliate of the savings bank, or an agent of the savings bank.
214.04
214.04
General corporate powers. A savings bank shall be a body corporate and shall have all of the specific powers conferred by this chapter and all of the following general powers:
214.04(1)
(1) To sue and be sued in its corporate name and to have a seal, which it may alter or renew.
214.04(2)
(2) To obtain and maintain insurance by a deposit insurance corporation.
214.04(3)
(3) To act as a fiscal agent for the United States, this state or any department, office, agency, board, commission or authority of this state or any county, city, village, town or school district in the state, if designated for that purpose, and as agent to perform reasonable functions as may be required of it.
214.04(4)
(4) With the approval of the division, to become a member of, purchase stock or securities in, deposit money with, or comply with any other conditions of membership or credit for any corporation or agency of the United States or of this state, to the extent that such agency assists in furthering or facilitating the purposes or powers of the savings bank.
214.04(5)
(5) To make donations in reasonable amounts for the public welfare or for charitable, scientific, religious or educational purposes.
214.04(6)
(6) To adopt and operate reasonable insurance, bonus, profit sharing, and retirement plans for officers and employees and for directors who are not officers or employees.
214.04(7)
(7) To reject any application for membership and to close deposit accounts as provided in this chapter and its bylaws; and to limit the issuance of, or payments on, deposit accounts, subject to contractual obligations.
214.04(8)
(8) To purchase stock in service corporations and to invest in any form of indebtedness of any service corporation, subject to rules of the division.
214.04(9)
(9) With the approval of the division, to purchase stock of a corporation whose principal purpose is to operate a safe deposit or escrow service business, if the purchase is necessary to utilize the services of that business.
214.04(10)
(10) To exercise all the powers necessary to qualify as a trustee or custodian under the federal self-employed individuals tax retirement act of 1962, as amended, and invest any funds held in that capacity in a deposit account if the trust or custodial retirement plan authorizes and directs the investment.
214.04(12)
(12) Subject to rules of the division, to make contracts, incur obligations, make investments, pledge assets or take other action necessary to do any of the following:
214.04(12)(a)
(a) Enable it to act as agent for the sale of obligations of the United States.
214.04(12)(c)
(c) Secure deposits of money if required by the federal bankruptcy act.
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 percent 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.
214.04 Cross-reference
Cross-reference: See also chs.
DFI-SB 16 and
17, Wis. adm. code.
214.045
214.045
Status as internal revenue service qualified thrift lender. A savings bank shall qualify for and maintain either the 60 percent 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.
