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.
3-145. Kentucky state trust company -- Scope of activities -- Acquisition of office within or outside of this state by Kentucky state trust company -- Rights, privileges, obligations, and liabilities of selling trust company.
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.