(40) Location of branches.
Whenever an association is absorbed or a branch office is acquired under s. 215.36
, maintain and operate a branch office at the location of the absorbed association or of the acquired branch office, if the division finds that the continued operation of a branch office at the location of the absorbed association or of the acquired branch office would be in the public interest. This subsection does not permit continued operation of an office of an absorbed association which received its certificate of incorporation less than 5 years prior to its absorption.
(41) Seller of checks.
To engage as an authorized agent in the business and functions provided for in ch. 217
for their members upon receiving a certificate of authority from the division. Such applicants shall be under the jurisdiction and supervision of the division and meet the same requirements as other applicants under ch. 217
, but no license or investigation fee shall be charged savings and loan association applicants. The division has the authority to enforce ch. 217
as it applies to savings and loan associations. The division shall determine the records that shall be maintained and shall require the segregation of such funds as is necessary for operations permitted savings and loan associations under this subsection and ch. 217
(42) Invest in real property.
Invest in, or in interests in, real property, subject to such rules as the division shall issue.
See also ss. DFI-SL 2.05
, Wis. adm. code.
(43) Securities guaranteed under national housing act.
Issue and sell securities which are guaranteed under the national housing act.
(44) Act as trustee.
Act as trustee of trusts created or organized in the United States under the self-employed individuals tax retirement act of 1962, and amendments thereto, and which qualify for specific tax treatment under section 401
(d) or 408
(a) of the internal revenue code, if the funds of such trust are invested in savings accounts or deposits in such association or in obligations or securities issued by such association. Individual accounts and records shall be kept by the association for each participant and shall show in proper detail all transactions therein.
(45) Other loans and investments.
Make loans and investments in accordance with s. 215.205
Directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its home or branch offices, remote service units, in accordance with rules established by the division. Remote service units established in accordance with such rules are not subject to sub. (36)
or s. 215.03 (8)
. The rules of the division shall provide that any such remote service unit shall be available for use, on a nondiscriminatory basis, by any state or federal savings and loan association which has its principal place of business in this state, by any other savings and loan association obtaining the consent of a state or federal savings and loan association which has its principal place of business in this state and is using the terminal and by all customers designated by a savings and loan association using the unit. This paragraph does not authorize a savings and loan association which has its principal place of business outside this state to conduct business as a savings and loan association in this state. The remote service units also shall be available for use, on a nondiscriminatory basis, by any credit union, state or national bank or state or federal savings bank, whose home office is located in this state, if the credit union, bank or savings bank requests to share its use, subject to the joint rules established under s. 221.0303 (2)
. 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.
In this paragraph “
remote service unit" means a terminal or other facility or installation, attended or unattended, which is not located at the principal place of business or at a branch or extended facility of a savings and loan association and through which customers and savings and loan associations may engage, by means of either the direct transmission of electronic impulses to and from a savings and loan association or the recording of electronic impulses or other indicia of a transaction for delayed transmission to a savings and loan association, in transactions which are incidental to the conduct of the business of a savings and loan association and which are otherwise permitted by law. “Remote service unit" also includes all equipment, regardless of location, which is interconnected with a remote service unit and which is necessary to transmit, route and process electronic impulses in order to enable the remote service unit to perform any function for which it is designed.
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, or shall be construed or interpreted to, 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.
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, no laws governing such institutions or rules established by the division shall 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.
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.
See also ch. DFI-SL 12
, Wis. adm. code.
(47) Extended office.
With the approval of the division, extend its home office or branch by purchasing or leasing real estate for the purpose of establishing, identifying and maintaining an extended office, but only if the extended office is located within 1,000 feet of the home office or branch. All measurements under this subsection shall be made in a straight line from the nearest adjacent points in the respective property lines. The authority under this subsection is in addition to the authority to establish branch offices under s. 215.03 (8)
(48) Trust accounts.
Maintain real estate broker trust accounts under s. 452.13
, attorney trust accounts under s. 757.293
and collection agency trust accounts under s. 218.04 (9g)
(49) Contract for trust services.
Contract for the provision of trust services to its members 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 association members at association facilities on a full-time or part-time basis.
(50) Demand deposit accounts.
Accept and maintain demand deposit accounts.
(51) Contract for financial services.
Contract with a bank that is owned by a bank holding company which also owns the contracting association, to provide products or services under s. 221.0301 (8)
. The bank shall be subject to regulation and examination by the division with regard to services performed under the contract to the same extent as if the services were being performed by the association itself on its own premises.
History: 1971 c. 154
; 1973 c. 205
; 1975 c. 3
; 1977 c. 26
; 1977 c. 136
; 1979 c. 78
; 1979 c. 287
; 1981 c. 319
; 1983 a. 167
; 1985 a. 157
; 1987 a. 403
; 1989 a. 313
; 1991 a. 39
; 1993 a. 399
; 1995 a. 27
; 1999 a. 83
See also DFI-SL
, Wis. adm. code.
The commissioner [now the division] may, pursuant to sub. (41), issue a certificate of authority to a state-chartered savings and loan association to engage as an authorized agent for the Federal Home Loan Bank of Chicago, which is lawfully engaged in the business of a seller of checks. 61 Atty. Gen. 186.
Additional authority. 215.135(1)(1)
Subject to any regulatory approval required by law and subject to sub. (2)
, a savings and loan association, directly or through a subsidiary, may 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.
The activities, powers, products and services that may be undertaken, exercised or offered by savings and loan associations under sub. (1)
are limited to those specified by rule of the division. The division may direct any savings and loan association 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 and loan association are the savings and loan association's net worth, assets, management rating and liquidity ratio and its ratio of net worth to assets.
This section does not authorize a savings and loan association, directly or through a subsidiary, to engage in the business of underwriting insurance.
History: 1985 a. 325
; 1995 a. 27
See also DFI-SL
, Wis. adm. code.
Savings promotion prize programs. 215.137(1)(a)
“Nonqualifying account" means a savings account that is not a qualifying account.
“Qualifying account" means a savings account through which savers may obtain chances to win prizes in a savings promotion.
“Savings promotion" means a contest or promotion to encourage savings deposits that is sponsored by one or more savings and loan associations, or by a banking or thrift trade association or its subsidiary in conjunction with one or more savings and loan associations, and in which savers are offered a chance to win designated prizes.
A savings and loan association may sponsor, or participate in, a savings promotion if all of the following requirements are satisfied:
Savers are not required to pay any fee or otherwise provide any consideration in order to enter the savings promotion.
All fees charged by a savings and loan association in connection with a qualifying account are comparable with all fees charged in connection with comparable nonqualifying accounts offered by the savings and loan association.
Each entry in the savings promotion has an equal chance of winning.
Participants in the savings promotion are not required to be present at a prize drawing in order to win.
For purposes of sub. (2) (a)
, a saver's deposit of at least a specified amount of money for at least a specified time in a qualifying account, which is required in order to enter the savings promotion, is not consideration if the interest rate associated with the qualifying account is not reduced, as compared to comparable nonqualifying accounts offered by the savings and loan association, to account for the possibility of winning a prize.
History: 2017 a. 72
Savings accounts. 215.14(1)(1)
Aggregate of savings accounts.
The aggregate of savings accounts of an association is unlimited, and consists of the total deposits in savings accounts and the total earnings credited to the accounts, less withdrawals.
(2) Ownership of accounts.
Any person may become the owner of a savings account in an association if the person is accepted by the association or if the person acquires ownership by a transfer authorized under s. 215.15 (3)
(3) Deposits in savings accounts.
Deposits may be made in savings accounts in any amount at any time, unless otherwise determined by the board.
(4) Maximum ownership of savings accounts by one person.
The aggregate amount of the withdrawal value of savings accounts owned by one person in any association is unlimited, unless the board determines otherwise.
(5) Nonassessability of savings accounts.
All savings accounts shall be nonassessable. No person may, in the person's capacity as a saver, be responsible for any losses incurred by the association beyond the loss of the withdrawal value of the person's savings accounts.
(6) Savings accounts eligible investment for trust funds.
A personal representative, guardian, trustee, or other fiduciary authorized to invest trust funds, may acquire, own, or hold savings accounts in an association, within the limits of standards contained in s. 881.01
, and shall have the same rights and be subject to the same obligations and limitations as other savings account owners, except the right to be an officer or director. Savings accounts owned or held by a personal representative, guardian, trustee, or other fiduciary shall specifically name the trust represented.
(7) Voting rights of joint savings accounts.
When a savings account in a mutual association is a multiple-party account under subch. I of ch. 705
, the right to vote such account shall be no greater than if the account were held by an individual.
In a mutual association a fiduciary shall have all rights and privileges of a saver except the right to hold office.
In a capital stock association a fiduciary shall have all rights and privileges as other savers in the association.
(9) Savings accounts of deceased persons.
The savings account of a decedent may be held and controlled by the personal representative or trustee of the estate, or after 60 days after death, the legal representative may be paid the withdrawal value of the savings account. If the savings account is pledged to the association for a loan, the loan shall first be fully repaid.
Financially related services tie-ins.
In any transaction conducted by an association, a savings and loan holding company, or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:
NOTICE OF RELATIONSHIP
This company, ..... (insert name and address of association, savings and loan holding company, or subsidiary), is related to ..... (insert name and address of association, savings and loan holding company, or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.
If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of banking at .... (insert address).
Evidence of ownership of savings accounts. 215.15(1)(1)
Savings account forms.
The association shall issue to each saver a written summary of the terms of the saver's account or, if permitted by the division, a receipt. The division may promulgate rules prescribing the form of or otherwise regulating issuance and use of evidences of savings accounts, summaries of savings accounts and receipts.
(2) Validation of passbooks and certificates.
The board of directors may designate one or more persons to sign passbooks, certificates or other evidence of savings accounts. Facsimile signatures of designated signatures may be used when authorized by the board of directors.
The board of directors may, subject to the rules of the division and par. (b)
, provide for the following:
The transfer of savings accounts by any procedure permitted by law or limit or prohibit transfer of savings accounts.
The replacement of lost or destroyed evidences of savings accounts.
Unless the division approves, a mutual association may not issue negotiable certificates of deposit which are not in registered form in an aggregate amount exceeding 20 percent of the total amount in savings accounts.
The division may promulgate rules governing the transfer of savings accounts or the replacement of lost or destroyed evidences of savings accounts.
Savings account earnings.
Subject to the rules of the division, the board of directors of an association may:
Declare or contractually fix one or more rates of earnings on savings accounts.
Prescribe the methods for computing, and the time and manner of crediting or paying, earnings on savings accounts.
Withdrawal of savings accounts. 215.17(1)(1)
The association may pay, on request, withdrawals on its savings accounts to the owners of such savings accounts. The association may require advance notice of withdrawal.
(2) Withdrawal requests of savers.
In a mutual association a saver who has made a withdrawal request does not become a creditor of the association by reason of the withdrawal request.
Closing of savings accounts. 215.18(1)(1)
Except as provided in sub. (3)
, an association may close a savings account by delivering notice of the closing to the saver or mailing notice to the last-known address of the saver.
On the date the notice required under sub. (1)
is delivered or mailed, all rights of the saver in the savings account terminate except the right to receive the withdrawal value of the account calculated as of the date of delivery or mailing of the notice. A saver remains a member until the withdrawal value of the savings account is paid.
An association may agree in writing not to close a savings account. The division may promulgate rules restricting the authority of an association to close savings accounts.
Loans on savings accounts. 215.19(1)(1)
An association may make loans on the security of its savings accounts.
In no event shall a savings account loan exceed the withdrawal value of the savings account pledged as security therefor.
Each savings account loan shall be evidenced by a savings account loan note and a pledge of the savings account books or savings account certificates securing said loan.
Any corporation, owning savings accounts in an association, and whose officers, directors or employees are officers, directors or employees of said association, may obtain a savings account loan on the security of said saving accounts.
History: 1975 c. 359
; 1983 a. 167
Property improvement loans.