§ 23-51-106 - Application for state trust company charter.
23-51-106. Application for state trust company charter.
(a) An application for a state trust company charter must be made under oath and in the form required by the Bank Commissioner and must be supported by information, data, records, and opinions of counsel that the commissioner requires. The application must be accompanied by a non-refundable filing fee of not less than three thousand dollars ($3,000.00) nor more than ten thousand dollars ($10,000.00) as set by regulation of the commissioner and proof of escrow of deposit for the required capital.
(b) The commissioner shall grant a state trust company charter only on proof that one or more viable markets exist within or outside of this state that may be served in a profitable manner by the establishment of the proposed state trust company. In making such a determination, the commissioner shall (i) examine the business plan which shall be submitted as part of the application for a state trust company charter and (ii) consider:
(1) The market or markets to be served;
(2) Whether the proposed organizational and capital structure and amount of initial capitalization is adequate for the proposed business and location;
(3) Whether the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served;
(4) Whether the proposed officers and directors, as a group, have sufficient fiduciary experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will operate in compliance with law and that success of the proposed state trust company is probable;
(5) Whether each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will be free from improper or unlawful influence or interference with respect to the state trust company's operation in compliance with law; and
(6) Whether the organizers are acting in good faith.
(c) The failure of an applicant to furnish required information, data, opinions of counsel, other material or the required fee is considered an abandonment of the application.