§ 23-48-907 - Examinations -- Periodic reports -- Cooperative agreements -- Fees.
               	 		
23-48-907.    Examinations -- Periodic reports -- Cooperative agreements -- Fees.
    (a)  To  the extent consistent with subsection (c) of this section, the Bank  Commissioner may make such examinations of any branch established and  maintained in Arkansas pursuant to this subchapter by an out-of-state  state-chartered bank as the commissioner may deem necessary to determine  whether the branch is being operated in compliance with the laws of  this state and in accordance with safe and sound banking practices. The  provisions of the Arkansas Banking Code of 1997,      23-45-101 et seq.,  23-46-101 et seq., 23-47-101 et seq., 23-48-101 et seq., 23-49-101 et  seq., and 23-50-101 et seq., shall apply to such examinations.
(b)    (1)  The  commissioner may prescribe requirements for periodic reports regarding  any registered out-of-state bank that operates a branch in Arkansas. The  required reports shall be provided by the bank.
      (2)  Any  reporting requirements prescribed by the commissioner under this  subsection shall be consistent with the reporting requirements  applicable to state banks and appropriate for the purpose of enabling  the commissioner to carry out his responsibilities under this  subchapter.
(c)  The commissioner may  enter into cooperative, coordinating and information-sharing agreements  with any other bank supervisory agencies or any organization affiliated  with or representing one (1) or more bank supervisory agencies with  respect to the periodic examination or other supervision of any branch  in Arkansas of an out-of-state state-chartered bank, or any branch of a  state bank in any host state, and the commissioner may accept such  parties' reports of examination and reports of investigation in lieu of  conducting his own examinations or investigations.
(d)  The  commissioner may enter into contracts with any bank supervisory agency  that has concurrent jurisdiction over a state bank or an out-of-state  state-chartered bank operating a branch in this state pursuant to this  subchapter to engage the services of such agency's examiners at a  reasonable rate of compensation, or to provide the services of the  commissioner's examiners to such agency at a reasonable rate of  compensation. Any such contract shall be deemed a sole source contract  under    19-11-232.
(e)  The  commissioner may enter into joint examinations or joint enforcement  actions with other bank supervisory agencies having concurrent  jurisdiction over any branch in Arkansas of an out-of-state  state-chartered bank or any branch of a state bank in any host state,  provided that the commissioner may at any time take such actions  independently if the commissioner deems such actions to be necessary or  appropriate to carry out his responsibilities under this subchapter or  to ensure compliance with the laws of this state, but provided further,  that, in the case of an out-of-state state-chartered bank, the  commissioner shall recognize the exclusive authority of the home-state  regulator over corporate governance matters and the primary  responsibility of the home-state regulator with respect to safety and  soundness matters.
(f)    (1)  Each  out-of-state state-chartered bank that maintains one (1) or more  branches in Arkansas may be assessed and, if assessed, shall pay  supervisory and examination fees in accordance with the Arkansas Banking  Code of 1997,      23-45-101 et seq., 23-46-101 et seq., 23-47-101 et  seq., 23-48-101 et seq., 23-49-101 et seq., and 23-50-101 et seq., and  regulations of the commissioner.
      (2)  The  fees may be shared with other bank supervisory agencies or any  organization affiliated with or representing one (1) or more bank  supervisory agencies in accordance with agreements between the parties  and the commissioner.