AN ACT
ENTITLED, An Act to modify the application timeline for state chartered banks and trust
companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 51A-2-16 be amended to read:
51A-2-16. The director shall act on an application to organize or change control of a bank; an application for a bank merger; an application to open or close a branch bank, mobile branch bank, or loan production office; or an application to change a bank's location. After the filing of a completed application deemed acceptable to the director, the director shall cause a public notice of the application to be published in a newspaper of general circulation serving the community most directly affected by the application together with any other means of notification to interested persons as the director may determine appropriate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 51A-2-16 be amended to read:
51A-2-16. The director shall act on an application to organize or change control of a bank; an application for a bank merger; an application to open or close a branch bank, mobile branch bank, or loan production office; or an application to change a bank's location. After the filing of a completed application deemed acceptable to the director, the director shall cause a public notice of the application to be published in a newspaper of general circulation serving the community most directly affected by the application together with any other means of notification to interested persons as the director may determine appropriate.
The notice shall direct that any interested persons may file a written objection or written
comment to the application with the division within fifteen days following the date of publication.
Within thirty days following the date of publication, the director shall consider any written objection
and written comment and, in accordance with § 51A-3-9, either approve or disapprove the
application. The director shall provide written notice of the director's action on the application to the
applicant and to any person having filed with the division a written objection or written comment
by mail to the person's last known address.
An applicant aggrieved by the director's action on the application, may, within fifteen days after
the notice has been mailed, file with the division a written request for a hearing before the
commission. Any person who has filed a written objection to the application may, within fifteen days
after the notice has been mailed, file a motion with the commission, in accordance with § 1-26-17.1,
to become a party to the application proceeding and request a hearing before the commission. Unless
the commission grants the motion or unless the applicant has filed a written request for hearing
before the commission, the director's determination on the application is final.
All proceedings before the commission on an application shall be held in conformance with
chapter 1-26. If the application involves establishment of any type of competitive banking service
in the trade territory of a bank in which any banking commissioner is interested, the commissioner
shall be deemed disqualified, and the commission shall be recomposed as provided in § 51A-2-11.
An Act to modify the application timeline for state chartered banks and trust companies.
An Act to modify the application timeline for state chartered banks and trust companies.
I certify that the attached Act originated in the
HOUSE as Bill No. 1047
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1047 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |