§ 23-48-105 - Agents for affiliate.
               	 		
23-48-105.    Agents for affiliate.
    (a)    (1)  As  used in this section, "institution" means a bank, savings and loan  association, or savings bank organized under the laws of any state or  the United States.
      (2)  For the  purpose of determining what constitutes an affiliated institution in  this section, "control", as it pertains to the definition of  "affiliate", has the meaning set forth in    2(a)(2) of the federal Bank  Holding Company Act of 1956, 12 U.S.C.    1841.
(b)  Any  state bank may, upon compliance with the requirements of this section,  agree to receive deposits, renew time deposits, close loans, service  loans, receive payments on loans and other obligations, perform such  other services as may receive the prior approval of the Bank  Commissioner, and act as an agent for any affiliated institution.
(c)  A  state bank that proposes to enter into an agency agreement under this  section shall, prior to entering into such agreement, file with the  commissioner:
      (1)  A notice of intention to enter into an agency agreement with an affiliated institution;
      (2)  A description of the services proposed to be performed under the agency agreement; and
      (3)  A copy of the agency agreement.
(d)    (1)  If  any proposed service is not specifically designated in subsection (b)  of this section, and has not previously been approved in a State Bank  Department regulation, the commissioner shall decide whether to approve  the offering of such service after receipt of the notice required in  subsection (c) of this section.
      (2)  In  deciding whether to approve any proposed service that is not  specifically designated in subsection (b) of this section, the  commissioner shall consider whether such service would be consistent  with applicable federal and state law and the safety and soundness of  the principal and agent institutions.
(e)  A state bank may not under an agency agreement:
      (1)  Conduct  any activity as an agent that it would be prohibited from conducting as  a principal under applicable state or federal law; or
      (2)  Have  an agent conduct any activity that the state bank, as principal, would  be prohibited from conducting under applicable state or federal law.
(f)  The  commissioner may order a state bank or any other institution subject to  the commissioner's enforcement powers to cease acting as an agent or  principal under any agency agreement that the commissioner finds to be  inconsistent with safe and sound banking practices.
(g)  Notwithstanding  any other provision of the law of this state, a state bank acting as an  agent for an affiliated institution in accordance with this section  shall not be considered to be a branch of that institution.