Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XXV. BUSINESS AND FINANCIAL INSTITUTIONS |
CHAPTER 286. KENTUCKY FINANCIAL SERVICES CODE |
Subtitle 3. Banks and Trust Companies |
3-010. Definitions for subtitle. |
3-020. Approval of application for charter -- Prerequisites to financial institution doing business under its charter. |
3-025. Prohibition against transacting business before issuance of charter. |
3-030. Limitation on right to engage in business -- Authorization for Kentucky chartered banks and subsidiaries to sell insurance -- Names to be used by branch offices. |
3-040. Who may organize -- Number of directors required. |
3-050. Organization to be approved by commissioner. |
3-060. Oath required of each director before transacting business and upon any election or reelection -- Oath to be filed with commissioner and subject to review. |
3-065. Duties of directors. |
3-070. Minimum capital stock required. |
3-080. Minimum capital and surplus required to begin business. |
3-090. Reduction of capital stock of bank or trust company to be approved by commissioner -- $2,500,000 in capital stock to be maintained. |
3-095. Change in control or certain loans to be reported to commissioner -- Contents of report. |
3-100. Investment of bank funds -- Property that may be held. |
3-102. Activities permitted to state bank receiving CAMELS rating of 1 or 2 -- Section not applicable to deferred deposit transactions or title pledge lending. |
3-103. Investment in property. |
3-105. Bank may acquire and hold personal property at request of customer -- Property deemed collateral. |
3-110. Investment of funds held in fiduciary capacity -- Capital stock liable for fiduciary obligations. |
3-115. Capital notes and debentures may be issued -- Conditions. |
3-135. Banker's bank authorized -- Limitations on holdings -- Issuance of charter. |
3-140. Amendment of articles and reorganization to engage in a trust business -- Consolidation -- Transfer of fiduciary account to affiliate. |
3-146. Out-of-state trust company doing business in Kentucky -- Scope of activities -- Fiduciary-related activities limited by reciprocity -- Evidence and notice to be provided to commissioner. |
3-150. Consolidation of trust companies -- Method and effect. |
3-160. State bank may reorganize as national bank. |
3-170. National bank may reorganize as state bank. |
3-172. Conditions of and procedure for conversion of national banking association to state bank or merger with state bank. |
3-173. Conversion of state bank to or merger with national banking association. |
3-174. Provisions of KRS 286.3-172 and 286.3-173 to constitute alternative method -- Legislative purpose declared. |
3-180. Banking business, where done -- Branch banks. |
3-183. Transfer of branches between commonly controlled banks. |
3-185. Change of location -- Approval by commissioner. |
3-187. Bank acting as agent of another financial institution -- Filing -- Commissioner's approval -- Scope of activities. |
3-190. Powers of banks. |
3-193. Bank holidays. |
3-199. Closing of banks -- Emergency. |
3-200. Certain banks may continue to act as fiduciaries. |
3-210. Powers of banks or trust companies. |
3-212. Deposit of securities with district federal reserve bank by bank acting as fiduciary or custodian for fiduciary -- Accounting and crediting of deposits. |
3-214. Rate of interest allowed on loans of $15,000 or less -- Trust company not to extend credit -- Exception. |
3-215. Authority to charge interest in advance -- Installment loans with interest in advance -- Exceptions -- Restrictions on installment loans. |
3-218. Definitions for KRS 286.3-219 and 286.3-220. |
3-219. Continuation of trust by corporate trustee -- Limitations -- Application. |
3-220. Corporate fiduciaries subject to laws governing individuals -- Security on bonds -- Ability to serve as trustee of multiple trusts with common or nonidentical beneficiaries. |
3-225. Appointment of a nominee by banking institutions acting in a fiduciary capacity. |
3-230. Common trust funds -- Consent of cofiduciary. |
3-235. Common trust fund not separate entity for tax purposes -- Circumstances when no gain or loss to be recognized. |
3-240. Real estate mortgage investment fund -- Participation certificates. |
3-250. Operation of real estate mortgage investment fund. |
3-260. Liquidation of investment fund. |
3-270. Fiduciary may act in own name -- Records -- Investments not subject to debts of fiduciary. |
3-272. Investment of fiduciary assets in company or trust associated with investing institution -- Fee. |
3-275. Limits on liability of bank or trust company acting as fiduciary. |
3-277. Standards for bank or trust company acting as fiduciary. |
3-280. Maximum debt of persons to bank or trust company. |
3-290. Exceptions to maximum debt to banks. |
3-300. Required reserves. |
3-310. Bank may own stock in federal reserve bank or Federal Deposit Insurance Corporation. |
3-320. Federal Deposit Insurance Corporation to be subrogated to rights against closed banks. |
3-330. Assets may be pledged or surety bonds provided as collateral security -- Security not required if deposit insured. |
3-340. Preferred stock. |
3-350. When dividends may be declared. |
3-375. Preservation of bank records. |
3-380. Deposits by minors. |
3-385. Educational loans to minors -- Validity. |
3-420. Repealed, 2010. [Repealed] |
3-450. Examination -- Procedure -- Agreement to examine and supervise branches -- Joint examination and enforcement actions. |
3-455. Commonwealth or its employees not liable for failure to disclose financial condition of bank or trust company. |
3-460. Duties of examiners. |
3-470. Information obtained by examination to be confidential -- Exceptions -- Reports as evidence. |
3-480. Fees to be paid commissioner for services. |
3-490. Reports to be made to commissioner -- Contents -- Information from officer, director, or board to commissioner. |
3-530. Examination of institutions in hands of receiver -- Reports of receivers. |
3-630. Transfer of assets to another bank -- Procedure -- Publication of notice. |
3-640. Relief to aggrieved shareholders. |
3-660. Annual report of commissioner. |
3-690. Cease and desist orders -- Orders of suspension or removal from office -- Appeal -- Enforcement of orders. |
3-695. Approval of state-chartered bank officers or directors required in certain instances. |
Revolving Credit Plans |
3-710. Definitions for KRS 286.3-720 to 286.3-770. |
3-720. Form and provisions of credit plan -- Disclosures. |
3-730. Billing cycle -- Payment of balance -- Payment of credit card charges. |
3-740. Finance charges -- Rate. |
3-750. Additional fees, charges and costs. |
3-760. Limitation on amount charged. |
3-765. "Credit card guaranty" defined -- Requirement to insure validity. |
3-770. Credit plans not invalidated. |
Adverse Claim to Deposit |
3-800. Recognition of adverse claim to a deposit. |
Loan Production Offices |
3-820. Operation of loan production office by bank. |
Receivers for Insolvent Banks |
3-850. Definitions. |
3-852. Applicability of KRS 286.3-850 to 286.3-884. |
3-854. Closing of bank by commissioner -- Written statement of grounds -- Appointment of receiver. |
3-856. Tender of appointment as receiver to FDIC. |
3-858. Vesting of assets in receiver. |
3-860. Notice of closing to be posted -- Effect. |
3-862. Powers and duties of receiver. |
3-864. "Preference" defined. |
3-866. Sale of assets by receiver -- Borrowing from FDIC by receiver. |
3-868. Claims procedure -- Publication -- Rejection of claim -- Petition to receivership court. |
3-870. Late claim's share in undistributed assets. |
3-872. Order of payment of claims. |
3-874. Rights of receiver under participation agreements. |
3-876. Receiver's election to reject a lease -- Effect. |
3-878. FDIC subrogated to rights of depositors. |
3-880. Receiver to appoint successor to bank's rights, assets, obligations. |
3-882. KRS 286.3-850 to 286.3-884 is exclusive procedure for appointment of receiver or liquidating agent. |
3-884. Destruction of closed bank's records. |
Acquisition of Banks |
3-900. Definitions of terms used in this section and KRS 286.3-905 -- Acquisition of in-state banks -- Limitations -- In-county merger or consolidation. |
3-905. Filing of application to acquire bank with commissioner -- Examination of applicant -- Cooperative agreements by commissioner to examine out-of-state bank or exchange confidential information. |
3-910. Illegal acquisitions. |
3-915. Bank combinations -- Operation of a combined bank as a branch of the surviving bank -- Transfer of combined bank's main office and branches -- Definitions. |
3-920. Interstate merger transactions -- Restrictions -- Combinations of commonly controlled banks -- Scope of activities of branch outside home state. |
Penalties |
3-990. Penalties. |