81-25-117 - Permissible and prohibited activities.
§ 81-25-117. Permissible and prohibited activities.
(1) A Mississippi state branch or Mississippi state agency of a foreign bank licensed under this chapter may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans and other obligations as an agent for any depository institution affiliate of such foreign bank, including branch, agency and other offices of the same foreign bank located in other states, generally in accordance with the same terms, conditions, procedures and requirements that are applicable under the laws and regulations of Mississippi to such agency activities that may be conducted by Mississippi state banks.
(2) Notwithstanding any other provision of the laws or regulations of the State of Mississippi, a Mississippi state branch or Mississippi state agency of a foreign bank acting in the State of Mississippi as an agent in accordance with the provisions of this section shall not be considered to be a branch of such other depository institution affiliate; however, no Mississippi state branch or Mississippi agency shall be authorized by this section to act as agent for a branch or agency of an affiliated foreign bank other than the foreign bank which has been licensed to transact business in the State of Mississippi pursuant to this chapter.
(3) A Mississippi state branch or Mississippi state agency of a foreign bank licensed under this chapter may not:
(a) Conduct any activity as an agent under this section which such office is prohibited from conducting as a principal under any applicable federal or state law, including but not limited to the acceptance of impermissible deposits; or
(b) As a principal, have an agent conduct any activity under this section which such office is prohibited from conducting under any applicable federal or state law, including but not limited to the acceptance of impermissible deposits.
(4) An agency relationship between a Mississippi state branch or Mississippi state agency of a foreign bank licensed under this chapter and a depository institution affiliate or other affiliate of such foreign bank shall in any event be on terms that are consistent with safe and sound banking practices and all applicable regulations and orders of the commissioner.
Sources: Laws, 1996, ch. 441, § 32, eff from and after May 1, 1997.