PROPOSED RULES
FINANCIAL INSTITUTIONS
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Purpose: To correct outdated WAC numbers referred to in Title 208 WAC.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.]
(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.]
(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.]
(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.]
(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.]
[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.]
[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.]
(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.]
(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.]
(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 |
(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.]
(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 |
(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.]