reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1101 - ADMINISTRATION — RULES AND POWERS.

26-1101. ADMINISTRATION — RULES AND POWERS. (1) Every bank and bank holding company shall be subject to the inspection and supervision of the director of the department of finance as provided in this act.
(2) The director may from time to time promulgate, amend and rescind rules necessary or proper to carry out the provisions of this act. No rule may be adopted unless the director finds that the action is necessary or appropriate for the protection of the interests of bank depositors or for the welfare of banks and consistent with the purpose of this act.
(3) Notwithstanding any other provision of the Idaho bank act, but subject to the limitations provided for in this section:
(a) A bank may engage in any activity in which it could engage, exercise any power it could exercise, or make any loan or investment which it could make if it were operating as a national bank or which has been approved by the responsible federal agency for any state-chartered bank in the United States.
(b) Before engaging in any activity or exercising any power afforded under this subsection (3), a bank shall first notify the director of its intent to do so. This notice shall be sent to the director by U.S. mail, postage prepaid, certified or registered, with return receipt requested. Should the director take no action on the request within twenty (20) days of delivery to the director, the right to engage in the action or power so requested shall be deemed granted.
(c) Should the director deny the request, the affected bank shall have the right to request a hearing before the director, which hearing shall be held within thirty (30) days of the date of the denial.
(d) The director shall have the discretion to deny any request which is inconsistent with the purposes of the Idaho bank act.
(e) No such approval shall operate to deny the director of any of his authority under the Idaho bank act and such permitted activity shall be subject to supervision by the director.
(f) The director may, by order, waive or modify any requirement under this act if the corresponding federal requirement for national banks is eliminated or modified.
(4) Banks which are subsidiaries of bank holding companies may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans as agent for other depository institutions which are subsidiaries of the same bank holding company.
(5) All rules must be promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code. Unless expressly provided in the Idaho bank act, proceedings under the Idaho bank act shall not be considered "contested cases" under chapter 52, title 67, Idaho Code.
History:
[26-1101, added 1979, ch. 41, sec. 2, p. 114; am. 1995, ch. 99, sec. 5, p. 302.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1102 - EXAMINATION BY DEPARTMENT.

26-1102. EXAMINATION BY DEPARTMENT. (1) The director may examine no less often than once in eighteen (18) months, and more frequently whenever he shall deem it necessary, all records and other documents in the possession of or relating to the bank, bank trust department including records in the custody of a data processor or other person or company. For this purpose, the director shall have authority to demand and inspect all books, papers, moneys, notes, bonds, or evidences of debt of such bank and may examine on oath any of the directors, officers, agents, employees, customers, or depositors of such bank. Any willful false swearing in any examination shall be deemed perjury. During examinations, the directors, officers and employees shall give any assistance required by the director, but no examiner shall interfere with the routine duty of such directors, officers and employees.
(2) Whenever it shall come to the notice of the director that any bank has failed or refused to comply with any of the provisions of this act, the director is authorized to make a special examination of said bank and to charge and collect for such special examination; and to continue such examinations and charges at intervals of not less than thirty (30) days until such provisions are complied with.
(3) The director may in his discretion at any time omit his examination of any bank as above required and accept in lieu thereof the findings or result of an examination of such bank made by any bank regulatory or insuring agency of the United States authorized to make such examination.
(4) The director may in his discretion extend the examination period to no less often than once in twenty-four (24) months if:
(a) The bank has total assets of less than one billion dollars ($1,000,000,000);
(b) The bank is well capitalized, as defined in 12 U.S.C. section 1831o, the federal deposit insurance act;
(c) When the bank was most recently examined, it was found to be well-managed and its composite condition was found to be outstanding or good; and
(d) The bank is not currently subject to a formal enforcement proceeding or order by the department or the appropriate federal banking agency.
History:
[26-1102, added 1979, ch. 41, sec. 2, p. 114; am. 2007, ch. 126, sec. 6, p. 379.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1103 - REFUSAL TO SUBMIT TO EXAMINATION.

26-1103. REFUSAL TO SUBMIT TO EXAMINATION. Whenever any officer, director or employee of any bank or any data processor or other person or company having custody of books or records of any bank shall refuse to submit the books, papers and concerns of such bank to the inspection of the department of finance or refuse to be examined on oath touching the affairs or concerns of the bank, the director may, in his discretion, apply to the district court within the jurisdiction of which the home office of the bank is located for an injunction requiring the officer to allow such inspection. Upon application by the director, the court shall issue such an injunction.
History:
[26-1103, added 1979, ch. 41, sec. 2, p. 115.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1104 - FEES.

26-1104. FEES. (1) On January 15 of each year, the director shall fix and collect from each state bank a fee based upon the amount of the total assets of the bank as of December 31 of the preceding calendar year, which fees shall not exceed the amounts set forth in the following schedule:
TOTAL ASSETS
MAXIMUM FEE
$0 to $1 million
$1,500 Flat Fee
$1 million to $10 million
$2,000 + $.25 per thousand dollars of assets in excess of $1 million
$10 million to $50 million
$4,250 + $.19 per thousand dollars of assets in excess of $10 million
$50 million to $100 million
$11,850 + $.12 per thousand dollars of assets in excess of $50 million
$100 million to $500 million
$17,850 + $.10 per thousand dollars of assets in excess of $100 million
$500 million to $1 billion
$57,850 + $.09 per thousand dollars of assets in excess of $500 million
$1 billion to $3 billion
$102,850 + $.08 per thousand dollars of assets in excess of $1 billion
$3 billion to $10 billion
$262,850 + $.07 per thousand dollars of assets in excess of $3 billion
$10 billion to $20 billion
$752,850 + $.03 per thousand dollars of assets in excess of $10 billion
$20 billion and over
$1,052,850 + $.02 per thousand dollars of assets in excess of $20 billion
(2) In addition to the foregoing, each state bank shall pay to the director an additional sum not to exceed one hundred dollars ($100) for each office and branch office maintained by said bank. The director shall collect from each bank for each special examination of its condition an amount sufficient to reimburse the director for the actual expenses incurred in connection therewith.
(3) The director may, in his discretion, assess state banks and state bank holding companies for the review, analysis and investigation of an application to:
(a) Charter or incorporate a bank or bank holding company;
(b) Establish a branch or office;
(c) Merge with, acquire, or be acquired by another bank or bank holding company located in or outside of Idaho; and
(d) Convert to an entity other than a state bank or bank holding company.
(4) For banks operating in Idaho with a home state other than Idaho, the director may, in his discretion, enter into a cooperative agreement with the home state supervisor of the bank to assess supervisory fees on the bank. The fees may include assessments, examination fees, branch fees, license fees and all other fees that are levied by the director on state banks. If such agreement has been entered, the director may, in his discretion, assess supervisory fees on banks operating in Idaho with home states other than Idaho.
(5) All fees, fines, examination and miscellaneous charges collected by the director pursuant to the Idaho bank act shall be deposited into the finance administrative account pursuant to section 67-2702, Idaho Code.
History:
[26-1104, added 1979, ch. 41, sec. 2, p. 115; am. 1980, ch. 169, sec. 1, p. 361; am. 1984, ch. 47, sec. 1, p. 77; am. 1995, ch. 99, sec. 6, p. 303; am. 1997, ch. 225, sec. 3, p. 662; am. 2015, ch. 204, sec. 13, p. 626; am. 2021, ch. 58, sec. 4, p. 189.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1105 - DIRECTORS TO BE ADVISED OF CONDITIONS.

26-1105. DIRECTORS TO BE ADVISED OF CONDITIONS. The department of finance shall, after each examination, address a letter to the president or chairman of the board of directors, calling attention to the condition of the bank at the time of examination. Such letter from the department shall be read at the first meeting of the board of directors following its receipt and the bank or company’s minute book shall show the receipt of such letter and the reply thereto as approved by the directors.
History:
[26-1105, added 1979, ch. 41, sec. 2, p. 116.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1106 - REPORTS OF BANK.

26-1106. REPORTS OF BANK. Every bank shall make to the department of finance not less than three (3) reports during each calendar year at such times as reports are called for by the director. The department of finance shall prescribe the form of such reports and they shall be signed and verified by the oath or affirmation of one of the officers of such bank and attested by at least two (2) of the directors. They shall be forwarded to the department within fifteen (15) days after the receipt of the call therefor. Such report shall be published in a newspaper in the city or county in which said bank is located, or in a paper published nearest to such town, and in the same form as made to the department. Proof of publication shall be furnished to said department within thirty (30) days after receipt of the aforesaid call.
The department of finance shall also have the power to call for special reports from any bank whenever in its judgment the same is necessary to inform the department fully of the condition of such bank. It shall not be necessary for such bank to publish such special report.
History:
[26-1106, added 1979, ch. 41, sec. 2, p. 116.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1107 - REPORTS — DUTIES OF DEPARTMENT OF FINANCE.

26-1107. REPORTS — DUTIES OF DEPARTMENT OF FINANCE. The department of finance shall receive and place on file in the office of the department the reports to be made by the banks under this act and shall prepare and furnish, on demand, to all the banks required to report blank forms for such statements or reports.
History:
[26-1107, added 1979, ch. 41, sec. 2, p. 116.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1109 - BOOKS AND ACCOUNTS.

26-1109. BOOKS AND ACCOUNTS. Whenever it appears to the department of finance that any bank does not keep books and accounts in such manner as to enable it to readily ascertain the true condition of such bank, or that such books and accounts are not kept in a manner which will minimize, as far as possible, loss through dishonesty of its officers or employees or otherwise, the department shall have power to require the officers of such bank or any of them, to open and keep such books or accounts as the department may, in its discretion, determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and accounts of such bank.
The directors of any bank shall, within ten (10) days from receipt by the bank of a written statement from the department that the bank’s internal auditing procedures are inadequate or deficient in any respect in the opinion of the department, retain, at the bank’s sole expense, an independent licensed certified public accountant, approved by the director, to forthwith make an audit of the bank, and upon completion thereof a certified copy of the audit shall be delivered to the department.
History:
[26-1109, added 1979, ch. 41, sec. 2, p. 116.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1110 - PROOF THAT SERVICES PERFORMED WILL BE SUBJECT TO REGULATION AND EXAMINATION.

26-1110. PROOF THAT SERVICES PERFORMED WILL BE SUBJECT TO REGULATION AND EXAMINATION. No bank subject to examination by the department of finance may cause to be performed, by contract or otherwise, any bank services for itself, whether on or off its premises, unless assurances satisfactory to the department of finance are furnished to such department by both the bank and the party performing such services that the performance thereof for any such bank will be subject to regulation and examination by the department of finance to the same extent as if such services were being performed by the bank itself on its own premises.
History:
[26-1110, added 1979, ch. 41, sec. 2, p. 117.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1112 - PENALTY FOR DISCLOSURE OF CONFIDENTIAL INFORMATION.

26-1112. PENALTY FOR DISCLOSURE OF CONFIDENTIAL INFORMATION. (1) Neither the department of finance, its director nor its employees shall disclose to any person or agency any fact or information obtained in the course of business of the department under this act, except in the following cases:
(a) When by the terms of this act or chapter 1, title 74, Idaho Code, it is made the duty of the department to make public records and publish the same.
(b) When the department is required by law to take special action regarding the affairs of any bank.
(c) When called as a witness in any criminal proceeding in a court of competent jurisdiction, provided that the court must review such information in chambers to determine the necessity of disclosing such information, and subject to the privilege provided by subsection (3) of section 26-1111, Idaho Code.
(d) When, in the case of a problem bank, it is necessary or advisable, in the discretion of the director, for the good of the public or of the depositors.
(e) When, in the discretion of the department, it is advisable to disclose any such information to a state or federal bank supervisory agency.
(2) Any person violating the provisions of this section shall be guilty of a felony and conviction shall subject the offender to a forfeiture of his office or employment.
History:
[26-1112, added 1979, ch. 41, sec. 2, p. 117; am. 1990, ch. 213, sec. 22, p. 502; am. 1993, ch. 187, sec. 2, p. 478; am. 2015, ch. 141, sec. 43, p. 414.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1114 - SUSPENSION OR REMOVAL OF DIRECTORS, OFFICERS OR EMPLOYEES — PROHIBITION OF FUTURE EMPLOYMENT.

26-1114. SUSPENSION OR REMOVAL OF DIRECTORS, OFFICERS OR EMPLOYEES — PROHIBITION OF FUTURE EMPLOYMENT. (1) The director of the department of finance may issue a written order suspending or removing a director, officer or employee of a bank, bank holding company or trust institution, upon finding that the director, officer or employee:
(a) Has been dishonest or reckless in the performance of his official duties;
(b) Has breached his fiduciary duties to the bank, bank holding company or trust institution, in a manner that is likely to cause substantial loss to or seriously weaken the bank, bank holding company or trust institution;
(c) Has violated any provision of this title, any state or federal law or regulation pertaining to the business of the bank, bank holding company, or trust institution, or any order of the director of the department of finance;
(d) Has been convicted of any felony or a misdemeanor involving theft or dishonesty; or
(e) Has engaged or participated in any unsafe or unsound practice in the conduct of the affairs of the bank, bank holding company or trust institution.
The order shall be issued pursuant to chapter 52, title 67, Idaho Code.
(2) In the event a director, officer or employee has been removed from office as set forth in this section, and the order has not been modified, rescinded or set aside, or if a person has been removed as a director, officer or employee of a bank, bank holding company or trust institution by a federal financial institution regulator or a financial institution regulator in another state, the person is prohibited from becoming employed by a bank, bank holding company or trust institution supervised by the director of the department of finance in this state, except as specifically permitted by the director of the department of finance.
History:
[26-1114, added 2015, ch. 204, sec. 15, p. 627.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 11 - SUPERVISION BY DEPARTMENT OF FINANCE › Section 26-1116 - CIVIL ENFORCEMENT.

26-1116. CIVIL ENFORCEMENT. Whenever it appears to the director that any bank, bank holding company or trust institution has engaged or is about to engage in an unsafe or unsound practice in conducting the business of such bank, bank holding company or trust institution, or any person has violated or is about to violate any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director, or any written agreement entered into with the director, the director may, in his discretion, bring an action in any court of competent jurisdiction, and upon a showing of any unsafe or unsound practice, or violation, shall be granted any or all of the following:
(1) A writ or order restraining or enjoining, temporarily or permanently, any unsafe or unsound practice, or violation of any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director, or any written agreement entered into with the director;
(2) An order granting a declaratory judgment;
(3) An order for disgorgement and other equitable remedies;
(4) An order appointing a receiver or conservator for the defendant or the defendant’s assets;
(5) An order that the person engaged in the unsafe or unsound practice, or violating any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director or any written agreement entered into with the director shall pay a civil penalty to the department in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation;
(6) An order allowing the director to recover costs that may include investigative expenses and attorney’s fees.
History:
[26-1116, added 2015, ch. 204, sec. 19, p. 629.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1201 - UNAUTHORIZED BANKING.

26-1201. UNAUTHORIZED BANKING. It shall be unlawful for any person to engage in soliciting, receiving or accepting money or its equivalent on deposit as a regular business whether such deposit, however evidenced, is made subject to check or draft or other order unless such activity is specifically authorized by statute. Any person violating any provision of this section shall be guilty of a felony.
History:
[26-1201, added 1979, ch. 41, sec. 2, p. 121.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1202 - UNAUTHORIZED USE OF NAME — WAIVER BY DIRECTOR.

26-1202. UNAUTHORIZED USE OF NAME — WAIVER BY DIRECTOR. (1) With the exception of the persons defined in subsection (2) of this section, no person may advertise or transact business in this state under a name or title that contains the word "bank," "banker," "bancorp," "savings bank," "trust company," or a word or words of similar import, unless the person has been granted a charter to engage in banking or trust business in this state by the director, or unless the director has granted the person a waiver from this prohibition as set forth in this section.
(2) The foregoing prohibition shall not apply to a national bank, federal thrift or federal savings bank, bank holding company or a state-chartered bank or trust company located in another state that has obtained all approvals that may be required under the law as a prerequisite to doing business in this state.
(3) The director may grant a waiver to allow the use of the word "bank," "banker," "bancorp," "savings bank," "trust company" or a word or words of similar import if:
(a) The person is not engaged in banking or trust business;
(b) The name or title used is not likely to deceive or mislead an individual to believe that the person is engaged in banking or trust business;
(c) The name or title, or a name or title similar to it, is not already used by another person doing business in this state; and
(d) The name or title does not suggest or imply that the person is engaged in unlawful conduct.
(4) Should the director grant a waiver as set forth in subsection (3) of this section, the director may condition or restrict the use of the name or title as he finds necessary in order to protect the public.
(5) In the event the use of a name or title is prohibited as set forth in this section and that none of the exceptions set forth in subsection (2) of this section apply, and the director has not granted a waiver to the prohibition as set forth in subsection (3) of this section, the Idaho secretary of state shall not be obligated to file any documents, records, articles or certificates that the person using or desiring to use the prohibited name or title requests the Idaho secretary of state to file.
(6) Any person who willfully violates the foregoing prohibition is guilty of a felony.
History:
[26-1202, added 2015, ch. 204, sec. 21, p. 630.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1203 - FALSE STATEMENTS REGARDING BANKS AND TRUST COMPANIES — PENALTY.

26-1203. FALSE STATEMENTS REGARDING BANKS AND TRUST COMPANIES — PENALTY. Any person who shall willfully and maliciously make, circulate or transmit to another or others any false statement, rumor, or suggestion, written, printed or by word of mouth, which is directly or by inference derogatory to the financial condition or affects the solvency or financial standing of any bank or trust company doing business in this state, or who shall counsel, aid, procure or induce another to start, transmit or circulate any such statement or rumor, shall be guilty of a felony.
History:
[26-1203, added 1979, ch. 41, sec. 2, p. 121; am. 2000, ch. 288, sec. 3, p. 973.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1204 - FALSE STATEMENTS REGARDING BANKS AND TRUST COMPANIES — CIVIL REMEDIES.

26-1204. FALSE STATEMENTS REGARDING BANKS AND TRUST COMPANIES — CIVIL REMEDIES. (1) It is unlawful for any person to make, circulate or transmit to another or others any false statement, rumor, or suggestion, written, printed or by word of mouth, which is directly or by inference derogatory to the financial condition or affects the solvency or financial standing of any bank or trust company doing business in this state, or who shall counsel, aid, procure or induce another to start, transmit or circulate any such statement or rumor.
(2) Whenever it appears to the director that any person has engaged in any act constituting a violation of this section, he may in his discretion bring an action in any court of competent jurisdiction to enjoin any such act and to enforce compliance with this section. Upon a showing that a person has engaged or is about to engage in an act constituting a violation of this section, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The director shall not be required to furnish a bond. In addition to the foregoing, the director may be granted the following remedies:
(a) An order that the person violating this section pay a civil penalty to the general fund in an amount not to exceed ten thousand dollars ($10,000) for each violation;
(b) An order that the person violating this section pay costs to the department, which may include an amount representing reasonable attorney’s fees and reimbursements for investigative efforts;
(c) An order granting other appropriate remedies upon a proper showing.
History:
[26-1204, added 2000, ch. 288, sec. 4, p. 973.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1206 - PENALTY FOR UNLAWFUL HYPOTHECATION OF ASSETS.

26-1206. PENALTY FOR UNLAWFUL HYPOTHECATION OF ASSETS. Any officer or employee of any bank or the bank holding company owning or controlling the bank, doing business in this state who, except in the manner authorized by law or the contract of the parties, hypothecates, pledges or in any way alienates any notes, stocks, bonds, mortgages, securities or any other property coming into his hands or into the possession of said bank as collateral, for safekeeping or in any other manner, and to which the bank has not acquired full title, shall be guilty of theft, and upon conviction thereof shall be punished as provided in section 18-2408, Idaho Code.
History:
[26-1206, added 1979, ch. 41, sec. 2, p. 122; am. 1998, ch. 337, sec. 3, p. 1083.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1207 - CONCEALMENT OF LOANS AND DISCOUNTS.

26-1207. CONCEALMENT OF LOANS AND DISCOUNTS. Any officer or employee of any bank or the bank holding company owning or controlling the bank who intentionally conceals from the director of the department of finance or the directors of the bank or a committee thereof, the purchase of any security, the sale of any of its securities, or any guaranty, repurchase agreement or any other agreement whereby the bank is obligated, shall be guilty of a felony.
History:
[26-1207, added 1979, ch. 41, sec. 2, p. 122.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1208 - FALSE REPORTS OR ENTRIES.

26-1208. FALSE REPORTS OR ENTRIES. Any director, officer, or employee of any bank or bank holding company who shall willingly and knowingly subscribe to or make or cause to be made any false statement or false entry on the books or in any report or statement of the bank or bank holding company, or shall knowingly make or exhibit any false reports, entries or statements with the intent to deceive any person or persons authorized to examine into the affairs of the bank or bank holding company or the board of directors of the bank or bank holding company or shall knowingly state or publish any false report or statement of any bank or bank holding company, shall be guilty of a felony.
History:
[26-1208, added 1979, ch. 41, sec. 2, p. 122.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1210 - BANK OFFICERS AND DIRECTORS TO REPORT FELONIES.

26-1210. BANK OFFICERS AND DIRECTORS TO REPORT FELONIES. It shall be the duty of every officer or director of any bank to report promptly every violation or apparent violation of any of the banking laws of this state which is defined as a felony under the laws of this state, of which he has knowledge, to the director of the department of finance or his duly authorized agent or agents, immediately upon the discovery thereof. Every such person who intentionally withholds such a report, or fails to make a prompt report of any such violation with the intent to injure, deceive or defraud such bank or any of its depositors, creditors or stockholders, or the director of the department of finance or his duly authorized agent or agents shall be guilty of a misdemeanor.
History:
[26-1210, added 1979, ch. 41, sec. 2, p. 123.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1211 - MISLEADING ADVERTISING.

26-1211. MISLEADING ADVERTISING. No bank or bank holding company or any officer thereof shall advertise in any manner which is misleading, false or deceptive. Any bank violating the provisions of this section shall be subject to the provisions of section 26-1115, Idaho Code.
History:
[26-1211, added 1979, ch. 41, sec. 2, p. 123.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1212 - LOANS TO OFFICIALS OF DEPARTMENT PROHIBITED.

26-1212. LOANS TO OFFICIALS OF DEPARTMENT PROHIBITED. It shall be unlawful for the department of finance, its director or employees engaged in bank examination or supervision, to borrow money directly or indirectly from any state bank, or director or official of a state bank. Any person violating the provision of this section shall be guilty of a felony.
History:
[26-1212, added 1979, ch. 41, sec. 2, p. 123; am. 1993, ch. 53, sec. 4, p. 141.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1213 - COMMISSION FOR MAKING LOANS.

26-1213. COMMISSION FOR MAKING LOANS. No officer, director or employee of any bank or the bank holding company owning or controlling the bank shall demand, accept or receive, directly or indirectly, any commission or other consideration on account of the making, extension, or renewal by said bank of any loan, or extension of credit, to any person, firm or corporation. This prohibition shall not apply to consideration paid by a bank to its employees.
Any person violating the provisions of this section shall be guilty of a felony.
History:
[26-1213, added 1979, ch. 41, sec. 2, p. 123; am. 1993, ch. 53, sec. 5, p. 142.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1214 - OVERDRAFTS.

26-1214. OVERDRAFTS. Any officer or employee of any bank who shall pay out the funds of any bank upon the check, order or draft of any individual, firm, corporation or association, which has not on deposit with such bank a sum equal to such check, order or draft shall be personally liable to it for the amount so paid, unless the drawer of such check, order or draft has previously arranged with the board of directors for credit sufficient to cover such amount. Provided, that the board of directors may ratify such overdraft and relieve such liability.
Whenever the overdrafts of the depositors of any bank doing business under this chapter are, in the opinion or judgment of the director of the department of finance, excessive or of long standing, he may require such bank to either collect or materially reduce the same or secure notes in lieu (of) thereof.
History:
[26-1214, added 1979, ch. 41, sec. 2, p. 123.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1215 - PENALTY FOR OFFICER OVERDRAWING ACCOUNT.

26-1215. PENALTY FOR OFFICER OVERDRAWING ACCOUNT. Any director, officer or employee of any bank or the bank holding company owning or controlling the bank who knowingly and consistently overdraws his or her account, or any officer or employee who allows such an overdraft shall be guilty of a misappropriation of the bank’s funds and upon conviction thereof, shall be punished by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one (1) year, or both such fine and imprisonment, in the discretion of the court.
History:
[26-1215, added 1979, ch. 41, sec. 2, p. 124.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1216 - CARRYING AS ASSET PROPERTY NOT ACTUALLY OWNED.

26-1216. CARRYING AS ASSET PROPERTY NOT ACTUALLY OWNED. It shall be unlawful for any bank or bank holding company to carry as an asset any note, obligation or security which is not the property of the bank or bank holding company; and any officer or employee of any such bank or bank holding company who places among the assets thereof any note, obligation or security which it does not actually own, or who represents to the director or any examiner appointed by him that any note, obligation or security carried among the assets of the bank or bank holding company is the property of said bank, when in fact such note, obligation or security is not owned by said bank or bank holding company shall be guilty of a misdemeanor.
History:
[26-1216, added 1979, ch. 41, sec. 2, p. 124.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1217 - PENALTY FOR NEGLECT TO OPEN.

26-1217. PENALTY FOR NEGLECT TO OPEN. Any bank which fails to open for business within one (1) year after the date from which its charter was issued shall, unless the time is extended by the director of the department of finance, be deemed to have forfeited the charter and its right and authority to do business and to have no further legal existence, and in case the director of the department of finance approves the establishment of any branch of a bank as required by section 26-301, Idaho Code, and such branch or branch office is not established and operating within twelve (12) months after the date the charter is issued, unless the time be extended by the director for good cause shown, such approval shall be of no further force or effect and such branch or branch office shall not be established or operated until the approval of the director is again obtained as required by the statute last mentioned. The director may not extend the time for the establishment and commencement of operations of any such bank or branch office for a longer period than an additional six (6) months.
History:
[26-1217, added 1979, ch. 41, sec. 2, p. 124.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1218 - NOTES FOR STOCK SUBSCRIPTION ILLEGAL.

26-1218. NOTES FOR STOCK SUBSCRIPTION ILLEGAL. It shall be unlawful for the officers or directors of the banking corporation to accept the note of any subscriber or stockholder in payment or part payment of the par value of the common stock, surplus or undivided profits.
History:
[26-1218, added 1979, ch. 41, sec. 2, p. 124.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1219 - ADVERTISING BRANCHES.

26-1219. ADVERTISING BRANCHES. It shall be unlawful for any bank to advertise that a branch office will be established or available for bank customers until a branch charter has been issued by the director for that branch office under the provisions of chapter 3, title 26, Idaho Code. It shall be unlawful for any person or group of persons to advertise that a unit bank will be established until approval for a bank charter has been issued by the director under the provisions of chapter 2, title 26, Idaho Code.
History:
[26-1219, added 1979, ch. 41, sec. 2, p. 124; am. 2015, ch. 204, sec. 22, p. 630.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 12 - CIVIL AND CRIMINAL PENALTIES › Section 26-1220 - ILLEGAL DATA PROCESSING ACTIVITIES.

26-1220. ILLEGAL DATA PROCESSING ACTIVITIES. It shall be unlawful for any person to introduce fraudulent records or data into the computer system of a bank or to use the computer related facilities of a bank without the proper authorization, or to alter or destroy information or files in a bank’s computer system or to obtain without proper authorization, by electronic or other means, money, financial instruments, property, services or valuable data stored in a bank’s computer system. Any person violating the provisions of this section shall be guilty of a felony.
History:
[26-1220, added 1979, ch. 41, sec. 2, p. 125.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 14 - AFFILIATED BANK COMPANY › Section 26-1401 - DEFINITIONS.

26-1401. DEFINITIONS. In this chapter:
(1) "Affiliated bank," with respect to a trust company or another bank, means any bank:
(a) That owns, directly or indirectly, eighty percent (80%) or more of the voting stock of such trust company or other bank; or
(b) Eighty percent (80%) or more of the voting stock of which is owned, directly or indirectly, by the same bank holding company that owns, directly or indirectly, eighty percent (80%) or more of the voting stock of such trust company or other bank.
(2) "Affiliated trust company" means a trust company with a principal place of business located within the state of Idaho, and eighty percent (80%) or more of the voting stock of which is owned, directly or indirectly, by the same bank or bank holding company that owns, directly or indirectly, eighty percent (80%) or more of the voting stock of a trust company or a bank with respect to which the affiliated trust company is participating in a transfer of fiduciary capacities as provided in this chapter.
(3) "Bank" means any state bank or national bank whose operations are principally conducted in this state and which is authorized to engage in trust business.
(4) "Bank holding company" means a bank holding company as defined in the United States bank holding company act of 1956, as amended.
(5) "Director" means the director of the department of finance.
(6) "Fiduciary account," with respect to an affiliated bank, affiliated trust company, or trust company, means an estate, trust, or other fiduciary relationship, and includes all rights, privileges, duties, obligations, and undertakings thereof, that have been established or provided for by a written instrument or in any other lawful manner with such affiliated bank, affiliated trust company or trust company.
(7) "Fiduciary capacity" means a capacity resulting from the undertaking to act alone or jointly with others as a personal representative of a decedent’s estate, a guardian or conservator of an estate, a receiver, a trustee under appointment of any court or under authority of any law, or a trustee for any other purpose permitted by law.
(8) "Principal place of business," with respect to any affiliated bank, affiliated trust company, or trust company means such entity’s principal place of business within the state of Idaho.
(9) "Trust company" means a corporation holding a charter to engage in the trust business in this state, issued pursuant to chapters 32 through 36, title 26, Idaho Code, with a principal place of business located within the state of Idaho.
History:
[26-1401, added 1991, ch. 215, sec. 2, p. 515; am. 1992, ch. 87, sec. 1, p. 271; am. 2000, ch. 288, sec. 6, p. 974.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 14 - AFFILIATED BANK COMPANY › Section 26-1403 - TRANSFERS OF FIDUCIARY CAPACITIES NOT PROHIBITED BY SECTION 68-107, IDAHO CODE.

26-1403. TRANSFERS OF FIDUCIARY CAPACITIES NOT PROHIBITED BY SECTION 68-107, IDAHO CODE. No transfer of fiduciary capacities pursuant to the provisions of this chapter shall be deemed to be a transfer or delegation prohibited by the provisions of section 68-107, Idaho Code.
History:
[26-1403, added 1991, ch. 215, sec. 2, p. 518.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 14 - AFFILIATED BANK COMPANY › Section 26-1404 - COMPLIANCE AND APPROVAL WITH FINANCIAL INSTITUTION ACQUISITION ACT REQUIRED.

26-1404. COMPLIANCE AND APPROVAL WITH FINANCIAL INSTITUTION ACQUISITION ACT REQUIRED. No out-of-state financial institution or out-of-state financial institution holding company shall be allowed to join in an application for transfer of fiduciary capacities pursuant to the provisions of this chapter unless such out-of-state financial institution or out-of-state financial institution holding company first complies in full with the provisions of chapter 26, title 26, Idaho Code, and obtains approval of the director as specified in chapter 26, title 26, Idaho Code.
History:
[26-1404, added 1991, ch. 215, sec. 2, p. 518.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 15 - MISCELLANEOUS PROVISIONS › Section 26-1501 - OFFICE LOCATION.

26-1501. OFFICE LOCATION. (a) Nothing in the laws of this state shall prohibit a bank from maintaining an authorized branch office, customer bank communication terminal or other authorized office at the same location as an authorized office of another bank or a savings and loan association, credit union or supervised lender authorized to do business under the Idaho uniform consumer credit code.
(b) Nothing in the laws of this state shall prohibit a savings and loan association from maintaining an authorized branch office or other authorized office at the same location as an authorized office of another savings and loan association or a bank, credit union or supervised lender licensed to do business under the Idaho uniform consumer credit code.
(c) Nothing in the laws of this state shall prohibit a credit union from maintaining an authorized branch office, customer credit union communication terminal or other authorized office at the same location as an authorized office of another credit union or a bank, savings and loan association or supervised lender licensed to do business under the Idaho uniform consumer credit code.
(d) Nothing in the laws of this state shall prohibit a supervised lender authorized to do business under the Idaho uniform consumer credit code from maintaining an authorized branch office, or other authorized office, at the same location as an authorized office of another supervised lender or a bank, savings and loan association or credit union.
History:
[26-1501, added 1979, ch. 224, sec. 1, p. 619.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 16 - IDAHO INTERSTATE BRANCHING ACT › Section 26-1601 - SHORT TITLE.

26-1601. SHORT TITLE. This chapter shall be known, and may be cited as the "Idaho Interstate Branching Act."
History:
[26-1601, added 1995, ch. 99, sec. 9, p. 305.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 16 - IDAHO INTERSTATE BRANCHING ACT › Section 26-1602 - STATEMENT OF PURPOSE.

26-1602. STATEMENT OF PURPOSE. It is the policy of the state of Idaho to allow out-of-state banks, chartered either by other states or by the federal government, to branch within the state of Idaho on the terms and conditions set out in this chapter, chapter 3, title 26, Idaho Code, and federal law; further, it is the policy of the state of Idaho to allow banks chartered by or located in this state to establish, operate, and maintain branches in other states in any manner authorized by this act, the law of such other states, and federal law. It is an express purpose of this chapter to authorize mergers between banks in Idaho and banks located in other states.
History:
[26-1602, added 1995, ch. 99, sec. 9, p. 306; am. 2015, ch. 204, sec. 23, p. 631.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 16 - IDAHO INTERSTATE BRANCHING ACT › Section 26-1603 - DEFINITIONS.

26-1603. DEFINITIONS. As used in this chapter, and unless the context otherwise requires:
(1) "Home state" means:
(a) With respect to a state chartered bank, the state from which the bank received the charter under which it operates;
(b) With respect to a national bank, the state in which the main office of the national bank is located.
(2) "Host state" means, with respect to any bank, a state other than the home state of the bank in which the bank maintains, or seeks to establish and maintain a branch.
History:
[26-1603, added 1995, ch. 99, sec. 9, p. 306.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 16 - IDAHO INTERSTATE BRANCHING ACT › Section 26-1604 - MERGER AND BRANCHING APPROVAL.

26-1604. MERGER AND BRANCHING APPROVAL. (1) A bank whose home state is a state other than Idaho may acquire control of, acquire all or part of the assets of, or merge with a bank whose home state is Idaho. Except as authorized in this chapter, chapter 3, title 26, Idaho Code, or federal law, no bank, the home state of which is a state other than Idaho, may establish or maintain an office or branch in this state, or conduct the business of banking in this state.
(2) A bank whose home state is Idaho may acquire control of, acquire all or part of the assets of, or merge with a bank whose home state is a state other than Idaho. Except as authorized in this chapter, chapter 3, title 26, Idaho Code, or federal law, no bank, the home state of which is Idaho, may establish or maintain an office or branch in other states.
(3) A bank whose home state is a state other than Idaho may establish a branch in Idaho if the bank’s primary federal regulator and home state regulator have approved the bank’s application to do the same. At least thirty (30) days prior to opening a branch in Idaho, a bank whose home state is a state other than Idaho shall:
(a) Provide a copy of its branch application to the director;
(b) File or register with the Idaho secretary of state as a foreign corporation and provide a copy of such registration and any certificate of authority issued by the Idaho secretary of state to the director; and
(c) Appoint a registered agent for service of process in Idaho and provide the director and the Idaho secretary of state with the name and address of such registered agent.
(4) A bank with a home state other than Idaho shall apply to and receive the approval of the director prior to any acquisition transaction which, if approved, would result in a bank, the home state of which is Idaho, becoming a branch or branches of the out-of-state bank. The director may accept copies of applications for such transactions made to other state or federal bank supervisory agencies. Without the prior approval of the director pursuant to this chapter, any merger transaction between a bank chartered in this state and any out-of-state bank is unlawful.
(5) A bank, the home state of which is Idaho, shall apply to and receive the approval of the director prior to any merger transaction which, if approved, would result in a bank chartered by or located in another state becoming a branch or branches of the bank whose home state is Idaho.
History:
[26-1604, added 1995, ch. 99, sec. 9, p. 306; am. 1997, ch. 225, sec. 4, p. 663; am. 2015, ch. 204, sec. 24, p. 631.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 16 - IDAHO INTERSTATE BRANCHING ACT › Section 26-1605 - CONDITIONS.

26-1605. CONDITIONS. (1) The director shall not approve the acquisition of a bank, the home state of which is Idaho, if the statutes of the home state of the acquiring bank would not expressly allow a bank chartered in this state to acquire a bank in such state.
(2) Upon notification by a bank, the home state of which is Idaho, that such bank intends to operate a branch in another state, the department will have thirty (30) days within which to object or otherwise act upon such an acquisition.
(3) If the director finds a violation of Idaho law concerning the activities of a bank which has Idaho as a host state, or that such a bank is operating in an unsafe and unsound condition, the director may take any enforcement or corrective action authorized under the Idaho bank act. The director may limit the authority of any bank operating in Idaho to accept or retain deposits originating in Idaho if the bank is operating in an unsafe or unsound manner.
History:
[26-1605, added 1995, ch. 99, sec. 9, p. 307; am. 2015, ch. 204, sec. 25, p. 632.]