WSR 01-03-107

PROPOSED RULES

DEPARTMENT OF

FINANCIAL INSTITUTIONS

[ Filed January 22, 2001, 11:06 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-24-034.

Title of Rule: Rules addressing collective investment funds and their administration.

Purpose: To correct outdated WAC numbers referred to in Title 208 WAC. No new rules are being proposed.

Statutory Authority for Adoption: RCW 43.329.040 and 30.04.030.

Statute Being Implemented: RCW 30.04.030.

Summary: Amendments to WAC 208-512-045 Schedule of fees for banks, trust companies, stock savings banks, mutual savings banks, and alien banks, 208-512-110 Investment securities -- Permissible investments, 208-512-115 Investment securities -- Proper management, 208-512-116 Investment securities -- Investment in investment companies, 208-512-117 Investments in corporations, 208-512-240 General limitations, 208-512-280 Loans to partnerships, joint ventures, and associations, 208-512-300 Transitional rules, 208-514-140 Construction, 208-528-040 Fees, 208-532-050 Fees, 208-544-025 Fees paid by interstate banks, 208-544-037 Charges and fees effective June 25, 1999, 208-544-039 Charges and fees effective July 1, 1999, 208-556-080 Fees, 208-586-135 Charges and fees effective June 25, 1999, and 208-586-140 Charges and fees effective July 1, 1999. No substantive changes have been requested.

Reasons Supporting Proposal: Titles 50 and 419 WAC were recodified as chapters of Title 208 WAC, effective September 22, 2000, and October 6, 2000. A review of Title 208 WAC revealed that certain references to Titles 50 and 419 WAC had not been updated to reflect the recodification of those titles into Title 208 WAC.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Division of Banks, 300 General Administration Building, Olympia, (360) 902-8704.

Name of Proponent: Department of Financial Institutions, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Titles 50 and 419 WAC were recodified as chapters of Title 208 WAC, effective September 22, 2000, and October 6, 2000. A review of Title 208 WAC revealed that ceratin references to Titles 50 and 419 WAC had not been updated to reflect the recodification of those titles into Title 208 WAC. No substantive changes have been requested, and we believe the proposed amendments are consistent with Title 208 WAC and chapter 43.320 RCW.

Proposal does not change existing rules. No substantive changes have been requested.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The purpose of these amendments is to correct outdated WAC numbers referred to in the banking rules under Title 208 WAC.

RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to these proposals. The Department of Financial Institutions is requesting the amendments to update outdated WAC numbers referenced in Title 208 WAC. The amendments do not change the effect of the rule.

Hearing Location: 210 11th Avenue S.W., Suite 300, Olympia, WA 98504, on February 27, 2001, at 9:30 a.m. to 10:30 a.m.

Assistance for Persons with Disabilities: Contact Patty Brombacher by 5:00 p.m. on February 19, 2001, TDD (360) 664-8126, or (360) 902-8748.

Submit Written Comments to: Mike Abe, Program Manager, P.O. Box 41200, Olympia, WA 98504, fax (360) 753-6070, by February 26, 2001.

Date of Intended Adoption: February 27, 2001.

January 16, 2001

John L. Bley

Director

OTS-4607.1


AMENDATORY SECTION(Amending WSR 00-17-140, filed 8/22/00, effective 9/22/00)

WAC 208-586-135   Charges and fees effective June 25, 1999.   Effective June 25, 1999, the rate of charges and fees under chapter ((419-14 and 419-56)) 208-586 and 208-594 WAC shall be as follows:

(1) WAC ((419-14-030(1))) 208-586-030(1) - The fee shall be $41.67 per hour.

(2) WAC ((419-14-030(2))) 208-586-030(2) - The fee shall be $46.88 per hour.

(3) WAC ((419-14-030(3))) 208-586-030(3) - The fee shall be $52.09 per hour.

(4) WAC ((419-14-040)) 208-586-040 - The asset charge shall be.031254 per thousand dollars of assets.

(5) WAC ((419-14-075)) 208-586-075 - The fee shall be $2,500.00 for the first branch and $500.00 for each additional branch.

(6) WAC ((419-14-080)) 208-586-080 - The fee shall be $50.00 for the home office and each branch.

(7) WAC ((419-14-090)) 208-586-090 - The fee shall be $62.50 per hour.

(8) WAC ((419-14-100)) 208-586-100 - The fee shall be $52.09 per hour.

(9) WAC ((419-14-110)) 208-586-110 - The fee shall be $52.09 per hour.

(10) WAC ((419-14-110)) 208-586-120 - The fee shall be $5,000.00.

(11) WAC ((419-56-070)) 208-594-070 - The fee shall be $1,000.00.

[Statutory Authority: RCW 33.04.025 and 43.320.040. 00-17-140, recodified as 208-586-135, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.04.030, 30.04.070, 30.08.095, 33.04.025 and 43.320.040. 99-10-024, 419-14-135, filed 4/28/99, effective 6/25/99.]


AMENDATORY SECTION(Amending WSR 00-17-140, filed 8/22/00, effective 9/22/00)

WAC 208-586-140   Charges and fees effective July 1, 1999.   (1) Effective July 1, 1999, the rate of charges and fees under chapters ((419-14 and 419-56)) 208-586 and 208-594 WAC shall be as follows:

(a) WAC ((419-14-030(1))) 208-586-030(1) - The fee shall be $43.05 per hour.

(b) WAC ((419-14-030(2))) 208-586-030(2) - The fee shall be $48.43 per hour.

(c) WAC ((419-14-030(3))) 208-586-030(3) - The fee shall be $53.81 per hour.

(d) WAC ((419-14-040)) 208-586-040 - The asset charge shall be.0322916 per thousand dollars of assets.

(e) WAC ((419-14-075)) 208-586-075 - The fee shall be $2,500.00 for the first branch and $500.00 for each additional branch.

(f) WAC ((419-14-080)) 208-586-080 - The fee shall be $50.00 for the home office and each branch.

(g) WAC ((419-14-090)) 208-586-090 - The fee shall be $64.57 per hour.

(h) WAC ((419-14-100)) 208-586-100 - The fee shall be $53.81 per hour.

(i) WAC ((419-14-110)) 208-586-110 - The fee shall be $53.81 per hour.

(j) WAC ((419-14-110)) 208-586-120 - The fee shall be $5,000.00.

(k) WAC ((419-56-070)) 208-594-070 - The fee shall be $1,000.00.

(2) Thereafter, effective July 1, 2000, and again on July 1, 2001, the charges and fees set forth in subsection (1)(a), (b), (c), (d), (g), (h), and (i) of this section shall be increased by the fiscal growth factor as determined by the office of financial management pursuant to RCW 43.135.025.

(3) The director may suspend the collection of any or all of the charges and/or fees imposed under this section when he or she determines the banking examination fund established in RCW 43.320.110 exceeds the projected acceptable minimum fund balance level approved by the office of financial management and that such course of action would be fiscally prudent.

[Statutory Authority: RCW 33.04.025 and 43.320.040. 00-17-140, recodified as 208-586-140, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.04.030, 30.04.070, 30.08.095, 33.04.025 and 43.320.040. 99-10-024, 419-14-140, filed 4/28/99, effective 6/25/99.]

OTS-4608.1


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-556-080   Fees.   The cost of regulation of nondepositary lenders licensed under Title 31 RCW, shall be borne by the licensees under the following schedule:

(1) Application fee. A fee of two thousand dollars must accompany an application for this license to cover the cost of investigation.

(2) Acquisition of control approval fee. A fee of two thousand dollars must accompany any request for acquisition of control of a licensee to cover the cost of investigation which will be conducted to the same degree as an initial application approval.

(3) Business combination fee. Other business combinations must be approved by the director. Costs of investigation will be borne by the licensee and will be based on actual staff costs of the division of banks, which are fifty dollars per hour per examiner assigned.

(4) Examination and supervision fees. Examination and supervision fees shall be billed based on rates charged commercial banks for examination costs and semiannual asset charges in chapter ((50-44)) 208-544 WAC.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, amended and recodified as 208-556-080, filed 8/22/00, effective 9/22/00. Statutory Authority: 1989 c 212 3(1). 90-01-001, 50-56-080, filed 12/7/89, effective 1/7/90.]

OTS-4609.1


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-512-045   Schedule of fees for banks, trust companies, stock savings banks, mutual savings banks, and alien banks.   (1) The director shall collect the following fees:

(a) Hourly charges for services plus actual expenses for review of application and attendant investigation for:

(i) New bank or trust company;

(ii) Conversion to a state chartered institution;

(iii) Alien bank to establish and operate an office or bureau in the state;

(iv) Certificate conferring trust powers;

(v) Branch;

(vi) ((A satellite facility or facilities which are to be used by its own customers or customers of another bank;

(vii) A network system of satellite facilities as defined in WAC 50-40-010(4) or modification of a previously approved network system made in accordance with WAC 50-40-060 (1) or (2);

(viii))) Merger, consolidation, or reorganizational agreement;

(((ix))) (vii) Relocation of main office or branch;

(((x))) (viii) An out-of-state bank holding company acquisition and control of more than five percent of the shares of voting stock or substantially all of the assets of a bank, trust company, national banking association or bank holding company, the principal operations of which are conducted within this state;

(((xi))) (ix) The purchase or sale of a branch;

(((xii))) (x) Voluntary or involuntary liquidation of a bank or trust company pursuant to chapter 30.44 RCW or for acting as conservator of a bank or trust company pursuant to chapter 30.46 RCW;

(((xiii))) (xi) Conversion from a mutual savings bank to a stock savings bank;

(((xiv))) (xii) Notice of change of control.

(b) Hourly charges for opinions rendered regarding interpretations of statutes and rules.

(c) $100.00 for issuing the following certificates:

(i) Branch certificate;

(ii) Increase or decrease of capital stock certificate;

(iii) Certificate of authority;

(iv) ((Satellite facility;

(v))) Certificate of good standing;

(((vi))) (v) Other.

(d) $100.00 for filing articles of incorporation, or amendments thereof, or other certificates required to be filed with the director.

(e) Fifty cents per page for furnishing copies of papers filed with the director.

(2) The hourly fee for services shall be $90.00 per employee hour expended. The director may require a lump sum payment in advance to cover the anticipated cost of review and investigation of the activities described in subsection (1)(a) and (b) of this section. In no event shall the lump sum payment required under this section exceed actual amounts derived in subsection (1)(a) and (b) of this section.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, amended and recodified as 208-512-045, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.08.095. 91-18-055, 50-12-045, filed 8/30/91, effective 9/30/91; 90-12-008, 50-12-045, filed 5/25/90, effective 6/25/90.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-512-110   Investment securities -- Permissible investments.   A bank or trust company may purchase or hold obligations of a single obligor which are "investment securities," as defined below, and meet the following guidelines for proper "investment security" management. The term "investment security" shall mean a marketable obligation evidencing indebtedness of any person, copartnership, association, or corporation; of the government of the United States or any agency thereof; of any state, or political subdivision thereof; or of any publicly-owned entity that is an instrumentality of a state or municipal corporation in the form of bonds, notes, and/or debentures. They exclude investments which are predominately speculative but shall include:

(1) Type I securities which a bank may deal in, purchase, and sell for its own account without limitation. These securities include:

(a) Obligations of the United States;

(b) Obligations issued, insured, or guaranteed by a department or agency of the United States, including obligations of such departments or agencies representing an interest in a loan or pool of loans;

(c) General obligations of a state or political subdivision including but not limited to obligations of a county, city, town, municipal corporation, or any publicly-owned entity that is an instrumentality of a state or municipal corporation;

(d) Obligations of any state or political subdivision of a state if a state or political subdivision of a state having general powers of taxation has unconditionally promised to make sufficient funds available for full repayment of the obligation; and

(e) Revenue bonds issued by public improvement agencies.

(2) Type II securities which a bank may deal in, purchase and sell for its own account subject to a twenty percent of capital and surplus limitation and any limitation set forth in WAC 50-12-115 (2)(c). These include obligations issued by any state or political subdivision, or any agency of a state or political subdivision for housing, university or dormitory purposes. Such obligations include:

(a) Obligations issued by any state or a political subdivision for the purpose of financing the construction or improvement of facilities at or used by a university or a degree-granting college-level institution, or financing loans for studies at such institutions; and

(b) Obligations which finance the construction or improvement of facilities used by a hospital, provided that the hospital is a department or a division of a university, or otherwise provides a sufficient nexus with university purposes.

(3) Type III securities which a bank may purchase and sell for its own account with a twenty percent of capital and surplus limitation and any limitation set forth in WAC ((50-12-115 (2)(c))) 208-512-115 (2)(c), but may not deal in. These include investment securities issued by corporations, provided that such securities have received in the most recent edition one of the four highest rating grades by Standard and Poor's, Moodys, or equivalent rating service. Unrated securities must be investment grade and be of equivalent quality to the four highest rating grades and where the investment characteristics are distinctly or predominately not speculative.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-512-110, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.08.140. 87-20-036 (Order 70), 50-12-110, filed 9/30/87. Statutory Authority: RCW 30.12.060. 85-19-052 (Order 62), 50-12-110, filed 9/13/85.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-512-115   Investment securities -- Proper management.   (1) A bank may purchase a Type I security for its own account, provided it is permissible under the provisions of Title 30 RCW and this regulation, if through prudent banking judgment it determines there is adequate evidence that the obligor will be able to perform all necessary undertakings in connection with the security, including all debt service requirements.

(2)(a) A bank may purchase a Type II or III security for its own account when through prudent banking judgment (which may be based in part upon estimates which it believes to be reliable), it determines that there is adequate evidence that the obligor will be able to perform all that it undertakes to perform in connection with the security, including all debt service requirements, and that the security is marketable so that it can be sold with relative promptness at a fair market value.

(b) A bank may, subject to the limitations set forth in (c) of this subsection, purchase a security of Type II or III for its own account although its judgment with respect to the obligor's ability to perform is based predominantly upon estimates it believes to be reliable. This subsection permits a bank to exercise a somewhat broader range of judgment with respect to a more restricted portion of its investment portfolio.

(c) If a bank holds at any time Type II or III securities which would not be eligible for purchase pursuant to (a) of this subsection in a total amount in excess of five percent of the bank's capital and surplus, they are to be charged down to market value or a specific reserve is to be established within ninety days.

(3) Each bank shall maintain in its files credit information adequate to demonstrate that it has exercised prudence in making the determinations and carrying out the transactions involving underwriting, dealing in, and purchase and sale of investment securities. This information shall be retained:

(a) When securities are purchased for the bank's own portfolio, as long as the security remains in the portfolio;

(b) When securities are underwritten by the bank, for the maturity or the life of the security; and

(c) With regard to dealer activities, for periods set forth in the relevant rules of the municipal securities rule-making board.

(4) When a bank purchases an investment security convertible into stock or with stock purchase warrants attached, entries must be made by the bank at the time of purchase to write down the cost of such security to an amount which represents the investment value of the security considered independently of the conversion feature or attached stock purchase warrants. Purchase of securities convertible into stock at the option of the issuer is prohibited.

(5) When an investment security is purchased at a price exceeding par or face value, the bank shall:

(a) Charge off the entire premium at the time of purchase; or

(b) Provide for a program to amortize the premium paid or that portion of premium remaining after the write-down subject to subsection (2) of this section so that such premium or portion thereof shall be entirely extinguished at or before the maturity of the security.

(6) Each bank shall take measures to insure the cumulative investment holdings do not exceed the limitations for a specific investment set forth in Title 30 RCW.

(7) The board of directors, a committee thereof, or a duly appointed committee of senior level management shall review at least quarterly the bank's investment portfolio to insure compliance with the provisions contained in WAC ((50-12-110)) 208-512-110 through ((50-12-116)) 208-512-116.

(8) The restrictions and limitations set forth in this section do not apply to securities acquired through foreclosure on collateral, or acquired in good faith by way of compromise of a doubtful claim or to avoid a loss in connection with a debt previously contracted.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-512-115, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.08.140. 87-20-036 (Order 70), 50-12-115, filed 9/30/87.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-512-116   Investment securities -- Investment in investment companies.   A bank or trust company may invest in shares of an investment company provided that all of the following conditions are met:

(1) The investment company must be registered with Securities and Exchange Commission under the Investment Company Act of 1940 and the Securities Act of 1933 or be a privately offered fund sponsored by an affiliated commercial bank.

(2) The shareholder has a fair and equal proportionate undivided interest in the underlying assets of the investment company calculated pursuant to the Investment Company Act of 1940.

(3) When an investment company's assets consist solely of and are expressly limited to obligations that are eligible for unlimited investment (Type I) as described in WAC ((50-12-100)) 208-512-100, there is no limit on the bank's investment. However, where the investment companies portfolio contains, or is permitted to contain, securities subject to the bank's investment or lending limitations, investment by the bank shall be subject to a twenty percent of capital and surplus limitation.

(4) The shareholders are protected against personal liability for acts or obligations of the investment company.

(5) The bank's investment policy, as formally approved by its board of directors, specifically provides for such investments; prior approval of the board of directors is obtained for initial investments in specific investment companies and recorded in the official board minutes; and procedures, standards, and controls for managing such investments are implemented prior to acquirement of these investments.

(6) If the investment company makes use of futures, forwards, options, repurchase agreements and securities lending arrangements, their use must be consistent with standards adopted for use of such instruments in the bank's portfolio.

(7) Regulatory reporting of holdings in investment companies is consistent with established standards for "marketable equity securities."

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-512-116, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.08.140(7). 92-04-027, 50-12-116, filed 1/28/92, effective 2/28/92. Statutory Authority: RCW 30.08.140. 87-20-036 (Order 70), 50-12-116, filed 9/30/87.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-512-117   Investments in corporations.   Nothing in WAC 208-512-110, 208-512-115, or 208-512-116 shall limit the authority of a bank or trust company to invest in corporations or entities, with the prior authorization of the director, pursuant to RCW ((30.04.___)) 30.04.127, (section 1, chapter 498, Laws of 1987).

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, amended and recodified as 208-512-117, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.08.140. 87-24-042 (Order 71), 50-12-117, filed 11/25/87.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-512-240   General limitations.   The total loans and extensions of credit by a state bank or trust company to a person outstanding at one time and not fully secured by collateral in a manner defined in WAC ((50-12-250)) 208-512-250 shall not exceed twenty percent of the capital and surplus of the bank or trust company.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-512-240, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.04.111. 87-20-022 (Order 69), 50-12-240, filed 9/30/87.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-512-280   Loans to partnerships, joint ventures, and associations.   (1) Loans or extensions of credit to a partnership, joint venture, or association shall, for purposes of WAC ((50-12-210)) 208-512-210 through ((50-12-300)) 208-512-300, be considered loans or extensions of credit to each member of such partnership, joint venture, or association.

(2) Loans or extensions of credit to members of a partnership, joint venture, or association are considered loans or extensions of credit to the partnership, joint venture, or association if one or more of the tests presented in WAC ((50-12-260(1))) 208-512-260(1) is satisfied with respect to one or more of the members. However, loans to members of a partnership, joint venture or association will not be attributed to other members of the partnership, joint venture, or association unless one or more of the tests set forth in WAC ((50-12-260(1))) 208-512-260(1) is satisfied with respect to such other members. The tests set forth in WAC ((50-12-260(1))) 208-512-260(1) shall be deemed satisfied when loans or extensions of credit are made to members of a partnership, joint venture, or association for the purpose of purchasing an interest in such partnership, joint venture, or association.

(3) The rule set forth in subsection (1) of this section is not applicable to limited partners in limited partnerships or to members of joint ventures if such partners or members, by the terms of the partnership or membership agreement are not to be held liable for the debts or actions of the partnerships, joint venture, or association. However, the rules set forth in WAC ((50-12-260(1))) 280-512-260(1) are applicable to such partners or members.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-512-280, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.04.111. 87-20-022 (Order 69), 50-12-280, filed 9/30/87.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-512-300   Transitional rules.   (1) Loans or extensions of credit which were in violation of RCW 30.04.111 prior to the relevant effective dates of WAC ((50-12-210)) 208-512-210 through this section will be considered to remain in violation of law until they are paid in full, regardless of whether the loans or extensions of credit conform to the rules established in WAC ((50-12-210)) 208-512-210 through this section. Renewals or extensions of such loans or extensions of credit will also be considered violations of law.

(2) A state bank which has outstanding loans or extensions of credit to a person in violation of RCW 30.04.111 as of the relevant effective dates of WAC ((50-12-210)) 208-512-210 through this section may make additional advances to such person after those dates if the additional advances are permitted under WAC ((50-12-210)) 208-512-210 through this section. The additional advances, however, may not be used directly or indirectly to repay any outstanding illegal loans or extensions of credit.

(3) Loans or extensions of credit which were in conformance with RCW 30.04.111 prior to the relevant effective dates of WAC ((50-12-210)) 208-512-210 through this section but are not in conformance with the rules established in WAC ((50-12-210)) 208-512-210 through this section will not be considered to be violations of law during the existing contract terms of such loans or extensions of credit. Renewals or extensions of such loans or extensions of credit which are not in conformance with WAC ((50-12-210)) 208-512-210 through this section may be made on or after the effective dates of WAC ((50-12-210)) 208-512-210 through this section, if the nonconformity is caused by the amendments to Title 30 RCW contained in ESSB 4917; however, all loans or extensions of credit made under such renewals or extensions must conform with WAC ((50-12-210)) 208-512-210 through this section no later than April 1, 1988. Loans or extensions of credit which are not in conformance with WAC ((50-12-210)) 208-512-210 through this section for any other reason (i.e., a reduction in the bank's capital) must conform to this section upon renewal or extension.

(4) If a state bank, prior to the relevant effective dates of WAC ((50-12-210)) 208-512-210 through this section, entered into a legally binding commitment to advance funds on or after those dates, and such commitment was in conformance with RCW 30.04.111, advances under such commitment may be made notwithstanding the fact that such advances are not in conformance with WAC ((50-12-210)) 208-512-210 through this section. The bank must, however, demonstrate that the commitment represents a legal obligation to fund, either by a written agreement or through file documentation. Advances under renewals or extensions of such extension of the commitment is made on or after the relevant effective dates of WAC ((50-12-210)) 208-512-210 through this section.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-512-300, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.04.111. 87-20-022 (Order 69), 50-12-300, filed 9/30/87.]

OTS-4610.1


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-514-140   Construction.   Nothing contained in chapter ((50-14)) 208-514 WAC shall be construed to prohibit the de novo chartering of a stock savings bank not intended to be in holding company form.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-514-140, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 32.34.040 - [32.34.]050. 92-06-041, 50-14-140, filed 2/28/92, effective 3/30/92.]

OTS-4611.1


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-528-040   Fees.   The filing fee to accompany the notice of intention to organize a bank or trust company shall be that established by WAC ((50-12-040)) 208-512-045, as now or hereafter amended. If the application is withdrawn by applicants before a field investigation is undertaken a refund will be made based upon retention of that portion deemed adequate to cover processing and preliminary investigation costs. The retained portion shall be the greater of:

(1) $500.00, or

(2) Estimated number of hours times the current hourly rate as established by WAC ((50-12-040)) 208-512-045 as devoted to processing and preliminary review and investigation.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-528-040, filed 8/22/00, effective 9/22/00; Order 21, 50-28-040, filed 8/6/73.]

OTS-4612.1


AMENDATORY SECTION(Amending WSR 00-18-103, filed 9/6/00, effective 10/7/00)

WAC 208-532-050   Fees.   (1) The fees to accompany the filing of an application and attendant investigation are prescribed in WAC ((50-12-040)) 208-512-045, as now or hereafter amended.

(2) Cost of examination. The examination fees charged to an alien bank for the examination of an office or bureau shall be the estimated actual cost of each examination calculated under the same terms and conditions as for state chartered banks and trust companies.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-18-103, recodified as 208-532-050, filed 9/6/00, effective 10/7/00; Order 23, 50-32-050, filed 8/14/73.]

OTS-4613.1


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-544-025   Fees paid by interstate banks.   (1) Semiannual asset charge. The semiannual asset charge established in WAC ((50-44-020)) 208-544-020 shall be assessed against any state-chartered bank, as defined in 12 U.S.C. sec. 1813(a), that operates branches in Washington and any other state. The assets subject to assessment under WAC ((50-44-020(1))) 208-544-020(1) shall be determined as follows: Divide the number of branches in Washington by the total number of branches in all states including Washington and multiply the result by the asset value reflected in the most recent report of condition.

(2) Other fees. All other fees that normally apply to Washington-chartered banks under WAC ((50-44-030 and 50-12-045)) 208-544-030 and 208-512-045 shall also be paid by banks chartered in other states.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-544-025, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 43.320.010, 43.329.040 and 30.04.030. 96-04-022, 50-44-025, filed 1/30/96, effective 3/1/96.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-544-037   Charges and fees effective June 25, 1999.   Effective June 25, 1999, the rate of charges and fees under WAC ((50-12-045, 50-44-020 and 50-44-030)) 208-512-045, 208-544-020 and 208-544-030 shall be as follows:

(1) WAC ((50-12-045 (1)(c) and (d))) 208-512-045 (1)(c) and (d) - The fee shall be $100.00 for the issuance and filing of certificates.

(2) WAC ((50-12-045 (1)(e))) 208-512-045 (1)(e) - The fee shall be 50 cents per page.

(3) WAC ((50-12-045(2))) 208-512-045(2) - The fee shall be $93.76 per employee hour expended.

(4) WAC ((50-44-020(1))) 208-544-020(1) - The rates shall be the following:


If total assets are: The assessment is:
Over But not

Over

This Amount Plus Of Excess

Over

Million Million Million
0 500 0 .000014668 0
500 1,000 7,344 .000014064 500
1,000 10,000 14,366 .000013855 1,000
10,000 139,061 .000 10,000

(5) WAC ((50-44-020(2))) 208-544-020(2) - The rate shall be .000036659.

(6) WAC ((50-44-030(1))) 208-544-030(1) - The fee shall be $67.71 per hour.

(7) WAC ((50-44-030(2))) 208-544-030(2) - The fee shall be $93.76 per hour.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-544-037, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.04.030, 30.04.070, 30.08.095, 33.04.025 and 43.320.040. 99-10-024, 50-44-037, filed 4/28/99, effective 6/25/99.]


AMENDATORY SECTION(Amending WSR 00-17-141, filed 8/22/00, effective 9/22/00)

WAC 208-544-039   Charges and fees effective July 1, 1999.   (1) Effective July 1, 1999, the rate of charges and fees under WAC ((50-12-045, 50-44-020 and 50-44-030)) 208-512-045, 208-544-020 and 208-544-030 shall be as follows:

(a) WAC ((50-12-045 (1)(c) and (d))) 208-512-045 (1)(c) and (d) - The fee shall be $100.00 for the issuance and filing of certificates.

(b) WAC ((50-12-045 (1)(e))) 208-512-045 (1)(e) - The fee shall be 50 cents per page.

(c) WAC ((50-12-045(2))) 208-512-045(2) - The fee shall be $96.87 per employee hour expended.

(d) WAC ((50-44-020(1))) 208-544-020(1) - The rates shall be the following:


If total assets are: The assessment is:
Over But not

Over

This Amount Plus Of Excess

Over

Million Million Million
0 500 0 .0000151549 0
500 1,000 7,577 .0000145309 500
1,000 10,000 14,842 .0000143149 1,000
10,000 143,676 .000 10,000

(e) WAC ((50-44-020(2))) 208-544-020(2) - The rate shall be .000037876.

(f) WAC ((50-44-030(1))) 208-544-030(1) - The fee shall be $69.95 per hour.

(g) WAC ((50-44-030(2))) 208-544-030(2) - The fee shall be $96.87 per hour.

(2) Thereafter, effective July 1, 2000, and again on July 1, 2001, the charges and fees set forth in subsection (1)(c), (d), (e), (f), and (g) of this section shall be increased by the fiscal growth factor as determined by the office of financial management pursuant to RCW 43.135.025.

(3) The director may suspend the collection of any or all of the charges and/or fees imposed under this section when he or she determines the banking examination fund established in RCW 43.320.110 exceeds the projected acceptable minimum fund balance level approved by the office of financial management and that such course of action would be fiscally prudent.

[Statutory Authority: RCW 30.04.030 and 43.320.040. 00-17-141, recodified as 208-544-039, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 30.04.030, 30.04.070, 30.08.095, 33.04.025 and 43.320.040. 99-10-024, 50-44-039, filed 4/28/99, effective 6/25/99.]

Washington State Code Reviser's Office