(A) The term "savings and loan association" when used in the 1976 Code, other than in Chapter 28, includes state savings banks chartered under this chapter and Chapter 28.
(B) Unless the context otherwise requires, the following definitions apply in this chapter:
(1) "Board" means the State Board of Financial Institutions.
(2) "Affiliate" means a person or corporation that controls, is controlled by, or is under common control with a savings institution.
(3) "Articles of incorporation or charter" means the document that represents the corporate existence of a state savings bank.
(4) "Associate" means a person's relationship with:
(a) any corporation or organization, other than the applicant or a majority-owned subsidiary of the applicant, of which the person is an officer or partner or is, directly or indirectly, the beneficial owner of ten percent or more of any class of equity securities;
(b) any trust or other estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and
(c) a relative or spouse who lives in the same house as that person or a relative of that person's spouse who lives in the same house as that person or who is a director or officer of the applicant or any of its parents or subsidiaries.
(5) "Association" means a mutual or stock-owned savings association, savings and loan association, building and loan association, or savings bank as organized pursuant to Section 34-28-30.
(6) "Branch office" means an office of a state savings bank, other than its principal office, that accepts deposits and renders savings institution services.
(7) "Capital stock" means securities that represent ownership of a stock state savings bank.
(8) "Conflict of interest" means a matter before the board of directors in which one or more of the directors, officers, or employees has a direct or indirect financial interest in its outcome.
(9) "Control" means the power, directly or indirectly, to:
(a) direct the management or policies of a state savings bank or to vote twenty-five percent or more of a class of voting securities for a state savings bank;
(b) control the election or appointment of a majority of the directors of a state savings bank; or
(c) control or exercise a controlling influence over the management or policies of the state savings bank.
For purposes of this definition of control, references to a state savings bank include the holding company for the state savings bank.
(10) "Depository institution" means a person, firm, or corporation engaged in the business of receiving, soliciting, or accepting money or its equivalent on deposit, or of lending money or its equivalent, or of both.
(11) "Disinterested directors" means those directors who have absolutely no direct or indirect financial interest in the matter before them.
(12) "Dividends on stock" means the earnings of a state savings bank paid out to holders of capital stock in a stock state savings bank.
(13) "Examination and investigation" means a supervisory inspection of a state savings bank or proposed state savings bank that may include inspection of every relevant piece of information including subsidiary or affiliated businesses.
(14) "Immediate family" means one's spouse, father, mother, children, brothers, sisters, and grandchildren; and the father, mother, brothers, and sisters of one's spouse; and the spouse of one's child, brother, or sister.
(15) "Insurance of deposit accounts" means insurance on a state savings bank's deposit accounts when the beneficiary is the holder of the insured account.
(16) "Loan production office" means an office of a state savings bank other than the principal or branch offices whose activities are limited to the generation of loans.
(17) "Members" means deposit account holders and borrowers in a state mutual savings bank.
(18) "Mutual savings bank" means a state savings bank organized in mutual form under this chapter.
(19) "Mutual holding company" means a holding company for a mutual savings bank.
(20) "Net worth" means a state savings bank's total assets less total liabilities as defined by generally accepted accounting principles.
(21) "Original incorporators" means one or more natural persons who are the organizers of a state savings bank responsible for the business of a proposed state savings bank from the filing of the application to the board's final decision on the application.
(22) "Plan of conversion" means a detailed outline of the procedure for conversion of a savings institution from one to another regulatory authority, from one to another form of organization, or from one to another charter.
(23) "Principal office" means the office that houses the headquarters of a state savings bank.
(24) "Registered agent" means the person named in the articles of incorporation upon whom service of legal process is binding upon the state savings bank.
(25) "Savings institution" means either an association or a state savings bank, or a federal savings association or federal savings bank.
(26) "Service corporation" means a corporation operating under Article 7 of this chapter that engages in activities determined by the board to be incidental to the conduct of a depository institution business as provided in this chapter, or engages in activities that further or facilitate the corporate purposes of a state savings bank, or furnishes services to a state savings bank or subsidiaries of a state savings bank, the voting stock of which is owned directly or indirectly by one or more savings institutions.
(27) "State savings bank" means a depository institution organized and operated under this chapter or a corporation organized under federal law and converted so as to be operated under this chapter.
(28) "Stock savings bank" means a state savings bank owned by holders of capital stock and organized under this chapter.
(29) "Voluntary dissolution" means the dissolution and liquidation of a state savings bank in initiated by its ownership.
HISTORY: 1997 Act No. 90, Section 1, eff June 10, 1997.