reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 05 - Veterinary Medical Examining Board › Rule 209.05.20-008 - Reciprocity and Temporary Permits (Amended)

Current through Register Vol. 49, No. 6, June, 2024
FINAL RULE
AGENCY NO. 092.00
092.00.1-17.
RECIPROCITY AND TEMPORARY
			 PERMITS
(Adopted 9/11/2019)
30.
Reciprocity for
			 Veterinarians:
A. A veterinarian
			 applying for reciprocal licensure must meet the following requirements:
(1) The applicant must hold a substantially
			 similar license to practice veterinary medicine in another jurisdiction of the
			 United States.
(a) A license from another
			 jurisdiction of the United States is substantially similar to an Arkansas
			 license to practice veterinary medicine if the other jurisdiction's licensure
			 qualifications require:
(i) A diploma from an
			 accredited or approved college of veterinary medicine; or
(ii) A certificate from either the
			 Educational Commission for Foreign Veterinary Graduates or the Program for the
			 Assessment of Veterinary Education Equivalence.
Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 05 - Veterinary Medical Examining Board › Rule 209.05.21-001 - Fees

Current through Register Vol. 49, No. 6, June, 2024
Veterinarians:
5. The schedule for license, certificate, and
			 permit fees will be as follows:
A. The
			 application fee for licensure by examination is one hundred dollars ($100.00)
			 and must be paid at the time of filing the application. The completed
			 application must be received at least thirty (30) days prior to the date of the
			 next written state board examination.
B. The application fee for licensure by
			 endorsement is one hundred dollars ($100.00) and must be paid at the time of
			 filing the application.
C. The
			 application fee is waived for a veterinarian applying for a license pursuant to
			 Ark. Code Ann. § 17-4-105.
D.
			 North American Veterinary Licensing Examination (NAVLE) candidates must submit
			 to the Board an application for licensure by examination, as well as submit a
			 NAVLE application and fee directly to the International Council for Veterinary
			 Assessment.
E. The annual renewal
			 fee for an active veterinary license is one hundred dollars ($100.00) and the
			 annual renewal fee for an inactive veterinary license is twenty-five dollars
			 ($25.00). A veterinarian CANNOT practice in Arkansas with an inactive
			 license.
F. The application fee for
			 a corporate practice is thirty-five dollars ($35.00). The annual renewal fee
			 for a corporate practice certificate is ten dollars ($10.00).
G. All renewals are due by March
			 31st each year. The delinquent fee is one hundred
			 dollars ($100.00) and will be due on all veterinarian and corporate practice
			 renewals received after the postmarked date of March
			 31st each year. The renewal fee is waived for a
			 veterinarian who is on active duty with any branch of the armed services of the
			 United States for not to exceed three (3) years or for the duration of a
			 national emergency, whichever is longer.
H. The fee for a temporary permit is fifty
			 dollars ($50.00).
I. The fee for a
			 restricted license is fifty dollars ($50.00).
J. The fee to re-issue an original license is
			 ten dollars ($10.00) and the request must be made in writing.
K. All fees are non-refundable.
Veterinary Technicians and Veterinary
				Technologists:
Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 09 - Arkansas Natural Resources Commission › Rule 209.09.21-001 - Rules Implementing Act 605 of 2021

Current through Register Vol. 49, No. 6, June, 2024
I.
Purpose
1. The purpose of these rules is to:
a. Implement Ark. Code Ann. § 14-234-801
			 et. seq.;
b. Provide oversight of
			 retail water providers to promote efficiency in service and stability in fiscal
			 management;
c. Provide training and
			 education to governing bodies of retail water providers; and
d. Provide training of local, state, and
			 federal leaders on the issues surrounding provider personnel, finances,
			 compliance, and environmental factors.
Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 09 - Arkansas Natural Resources Commission › Rule 209.09.20-001 - Title 14 Rules Implementing the Water Resources Conservation and Development Act

Current through Register Vol. 49, No. 6, June, 2024
Subtitle I.
General provisions
Section 1401.1
Purpose.
A. The State of Arkansas is blessed with
			 abundant rainfall and other surface and underground water resources which, when
			 managed conjunctively, can provide a continuous high-quality water supply to
			 meet the foreseeable needs of the entire state.
B. Existing water use patterns are depleting
			 groundwater supplies at an unacceptable rate and alternative surface water
			 supplies are not available in sufficient quantities without developing
			 additional water storage to alleviate this groundwater depletion
			 problem.
C. The tax incentives
			 provided under this program encourage water users to invest in:
(1) the construction of impoundments to
			 utilize available surface water and reduce our dependence on groundwater;
(2) the conversion from groundwater
			 use to surface water use when surface water is available;
(3) the water conservation practice of
			 land-leveling to reduce agricultural irrigation water use; and
(4) the installation of water meters to
			 monitor groundwater usage.
D. It is of utmost importance to Arkansas
			 that within critical groundwater areas, surface water be used when available.
Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 03 - Alternative Fuels Development Program › Rule 209.03.07-001 - Arkansas Alternative Fuels Development Program

Current through Register Vol. 49, No. 6, June, 2024
A. Purpose
To increase the availability of alternative fiiels produced in
				Arkansas from feedstock processed in Arkansas by making available incentive
				grants to alternative fuels producers, feedstock processors, and
				distributors.
B. Authority
The Arkansas Agriculture Department under the
Arkansas
				Alternative Fuels Development Act
(Act 873 of 2007 (the "Act")) is to
				develop and administer the program.
C. General Provisions
Availability of grants is limited to:
1. alternative fiiels production and/or
			 facilities located in Arkansas;
2.
			 alternative fiiels production and/or investments made on or after January 1,
			 2007;
3. two million dollars to any
			 one alternative fiiels producer in any one fiscal year;
4. two million dollars to any one feedstock
			 processor in any one fiscal year;
5. fifty-thousand dollars for any one
			 alternative fuels distributor at each alternative fuels distributor site in any
			 one fiscal year.
An entity that holds controlling interest in more than one
				alternative fuels production facility is considered one alternative fuels
				producer.
An entity that holds controlling interest in more than one
				feedstock processing plant is considered one feedstock processor.
Persons or entities who are alternative fuels producers and
				feedstock processors may apply for and receive grant funds under the Act for
				alternative fuels production and for feedstock processing.
Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 07 - Arkansas Water Well Construction Commission › Rule 209.07.20-001 - Arkansas Water Well Construction Commission Rules

Current through Register Vol. 49, No. 6, June, 2024
Section 1.
Scope
1.1
Application.
The rules hereby prescribed provide minimum standards
			 for the construction or repair of water wells, and locations of water wells
			 which are used or intended to be used to locate, acquire, divert or
			 artificially recharge ground water within the boundaries of the State of
			 Arkansas. No water well as defined below shall be constructed or repaired
			 contrary to the provisions of these rules.
1.2
Rules applicable to old wells.
When a well constructed prior to May 27, 1969, is repaired,
			 rehabilitated or reconstructed, the work shall include those changes necessary
			 to make the well conform to these rules.
1.3
Exemptions
. In some
			 instances, safe, potable water may be obtained from wells in certain
			 geographical locations which are not in strict accordance with these rules. In
			 this event permission, in writing, shall be obtained from the Commission prior
			 to developing the well.
Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 07 - Arkansas Water Well Construction Commission › Rule 209.07.21-001 - 209.07.1-3. Licensing and Boning Rule

Current through Register Vol. 49, No. 6, June, 2024
3.1
Authorized constructor.
Water wells subject to these rules shall be constructed only by persons having
			 a valid license under Act 641 of 1969, enacted by the General Assembly of the
			 State of Arkansas, unless exempt under provisions of that Act.
3.2.
Supervision.
During the
			 construction, alteration, or repair of a water well, or installation or repair
			 of pumping equipment, there must be, on site, a person who has obtained a
			 registration certificate and has been certified in the type of construction
			 engaged or an apprentice under personal supervision as defined by Rule
			 3.10.1.1. At all times in which only an apprentice is on site, the person
			 supervising the apprentice under Rule 3.10.1.1 shall remain informed and have
			 knowledge of the status of the work being accomplished.
3.3
Engineers and geologists.
Arkansas Registered Professional Engineers and Arkansas Registered Professional
			 Geologists practicing geotechnical engineering or geologic investigations may
			 be declared exempt from certification, bonding, and testing requirements upon
			 application for exemption from the Commission.
3.4
Fees.
The following fees
			 will be charged for licensing, registration, and rig permitting.
Drilling and Pump System License
						  ........................................
$350.00
Pump System-Only License
						  ..................................................
$175.00
Drilling-Only License
						  ............................................................
$175.00
Driller Registration Certificate
						  .............................................
$125.00
Pump Installer Registration Certificate
						  ........................................
$125.00
Apprentice Certificate
						  ............................................................
$125.00
Rig permit
						  ............................................................
$145.00
3.4.1
Fees
			 non-refundable.
All applicants for registration certificates shall pay
			 said fees prior to completing the exam. Once processed, all application and
			 licensing fees are non-refundable.
Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 08 - Arkansas State Board of Registration for Foresters › Rule 209.08.20-001 - Rules of the Arkansas State Board of Registration for Foresters

Current through Register Vol. 49, No. 6, June, 2024
I. General
A. Definition: The "Board" means the Arkansas
			 State Board of Registration for Foresters.
B. Definition: "Returning military veteran"
			 means former member of the United States Armed Forces who was discharged from
			 active duty under circumstances other than dishonorable.
C. Intent: These Rules supplement the Board's
			 enabling legislation, codified at A.C.A. §
									17-31-101
et seq.
These Rules govern the conduct of the business of the Board and shall
			 be interpreted to establish orderly, equitable, and efficient
			 procedures.
D. Effective Date:
			 These Rules are effective January 1, 2020 or, pursuant to A.C.A. §
									25-15-204(e), 30
			 days after filing, whichever is later.
E. Authority: The Arkansas General Assembly
			 established the Board and prescribed its organization, duties, and powers.
			 A.C.A. §
									17-31-101
et
			 seq.
F. Compliance: The
			 Board shall comply with the Administrative Procedure Act, codified at A.C.A.
			 §
									25-15-201
et seq.
and with the Freedom of Information Act, codified at A.C.A. §
									25-19-101
et
			 seq.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.01-001 - Assessment Fees

Current through Register Vol. 49, No. 6, June, 2024
The State Banking Board and the Bank Commissioner require that
			 assessment fees payable on a semi-annual basis to the State Bank Department be
			 remitted by automated processing as established by the Bank Commissioner.
			 Exceptions for payment of assessment fees by any other method than the
			 automated method established by the Department must be upon prior request and
			 approval by the Bank Commissioner. Exception requests will only be approved on
			 an extraordinary basis.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.01-002 - Reservation of Bank Corporate Name

Current through Register Vol. 49, No. 6, June, 2024
The State Bank Department will accept a reservation for a bank
			 corporate name only prior to and for the purpose of formation of a new state
			 bank or prior to the consummation of an interstate merger transaction. The
			 reservation will be for a nonrenewable two hundred seventy day period. A name
			 not used permanently prior to the expiration of this period will be
			 cancelled.
Prior to filing a reservation of corporate name an applicant
			 must:
Request a current check of both state and federal trademark or
			 servicemark filings on the proposed name. This request may be implemented
			 through the Arkansas State Library, Reference Department, One Capitol Mall,
			 Little Rock, Arkansas 72201. The fax number for the Library is  501-682-1529.
			 Requests must be submitted in writing and the check will be performed in the
			 exact or almost exact name as requested. Evidence must accompany the
			 application for reservation of corporate name verifying the applicant has made
			 a trademark or servicemark search and no trademark or servicemark exists for
			 the proposed name.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.01-003 - Bank Fictitious Name

Current through Register Vol. 49, No. 6, June, 2024
A state bank planning to file an application for use of a
			 fictitious name must complete the following procedures prior to filing an
			 application with the State Bank Department:
A) Publish legal notice of intention to file
		  an application for use of a fictitious name one (1) time in a newspaper of
		  statewide circulation. Such notice shall include the current corporate name,
		  the proposed fictitious name, and the location or locations where the proposed
		  fictitious name will be used. A copy of the legal notice must accompany the
		  application; and
B) Request a
		  current check of both state and federal trademark or servicemark filings on the
		  proposed fictitious name. This request may be implemented through the Arkansas
		  State Library, Reference Department, One Capitol Mall, Little Rock, Arkansas
		  72201. The fax number for the Library is  501-682-1529. Requests must be
		  submitted in writing and the check will be performed in the exact or almost
		  exact name as requested. Evidence must accompany the application for use of a
		  fictitious name verifying the applicant has made a trademark or servicemark
		  search and no trademark or servicemark exists for the proposed fictitious name.
Notwithstanding the above requirements, an applicant bank that
			 has previously filed and been approved for the use of a specific fictitious
			 name is not required to perform the publication of notice or trademark search
			 requirements for subsequent use of the same fictitious name. However, the bank
			 must file an application for subsequent use of the same fictitious name at a
			 new location.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.01-004 - Change of Bank Corporate Name

Current through Register Vol. 49, No. 6, June, 2024
Prior to filing an application with the State Bank Department for
			 a charter amendment to change the corporate name of a state bank, the bank must
			 complete the following procedures:
A)
		  Publish legal notice of intention to change the corporate name of the bank one
		  (1) time in a newspaper of statewide circulation. Such notice shall include
		  both the current corporate name of the bank and the proposed new name. A copy
		  of the legal notice must accompany the application; and
B) Request a current check of both state and
		  federal trademark or servicemark filings on the proposed new name. This request
		  may be implemented through the Arkansas State Library, Reference Department,
		  One Capitol Mall, Little Rock, Arkansas 72201. The fax number for the Library
		  is  501-682-1529. Requests must be submitted in writing and the check will be
		  performed in the exact or almost exact name as requested. Evidence must
		  accompany the application for charter amendment verifying the applicant has
		  made a trademark or servicemark search and no trademark or servicemark exists
		  for the proposed name.
Once the charter amendment is received by the State Bank
			 Department, notice of the filing of the application will be sent to all
			 state-chartered banks by electronic transmission. Any protestants will have
			 seven (7) days from the date the Department notice was sent to file an official
			 protest to the application. An official protest must be provided to the
			 Department in written form delineating the reasons for the protest and must be
			 accompanied by a filing fee of two hundred dollars ($200).
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.02-001 - County or Regional Industrial Development Corporations

Current through Register Vol. 49, No. 6, June, 2024
Purposes of Each Industrial Development
			 Corporation
: The purpose of each industrial development
			 corporation organized pursuant to A.C.A. §
							15-4-1201  et seq. is to
			 promote, stimulate, develop, and advance the business of and economic welfare
			 of the county or region included in its organization. The Bank Commissioner and
			 the State Banking Board therefore rule that in order to implement the
			 intentions of the act, companies should make every effort to use the assets
			 raised by the corporation to pursue the intentions set out in the act. The Bank
			 Commissioner and the State Banking board recognize that some projects will
			 require a certain period of time to raise capital in order to fund a particular
			 project or to identify a deserving project to fund. However, the Bank
			 Commissioner and the State Banking Board will consider the failure of an
			 industrial development corporation to seriously investigate worthwhile projects
			 or make investments in economic development projects for an unreasonable period
			 of time to be a violation of the intentions of the act.
An industrial development corporation shall not sell shares or
			 units and fail to utilize the proceeds thereof in accordance with the purposes
			 set forth in A.C.A. §
							15-4-1214(a). Except as provided below, in the event
			 that such proceeds are not invested, loaned or otherwise utilized in accordance
			 with such purposes within eighteen (18) months from the date on which such
			 funds are received, the industrial development corporation shall immediately
			 cancel all such shares or units and refund to the purchasers of such shares or
			 units all proceeds, plus interest or income derived thereon, on a pro rata
			 basis, as well as all commissions or remuneration paid to any person on account
			 of the sale thereof. Such refund, with the exception of the interest or profit
			 derived thereon, shall not be considered to be a dividend or distribution
			 within the meaning of A.C.A. §
							15-4-1215, and shall be treated as set
			 forth in A.C.A. §
							15-4-1224(a)(2)(A). Provided however, that upon written
			 application and for good cause shown, the Bank Commissioner may in his
			 discretion extend such period for two additional six (6) month periods, not to
			 exceed a total of thirty (30) months from the date on which the proceeds from
			 the sale of the stock or units were received by the industrial development
			 corporation. Each extension shall require a separate application filed by the
			 industrial development corporation with the Bank Commissioner at least ten (10)
			 days prior to the expiration of the period sought to be extended. Proceeds,
			 unless otherwise clearly accounted for by the industrial development
			 corporation, shall be accounted for on a first in, first out
			 basis.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.02-002 - Bank Fictitious Names

Current through Register Vol. 49, No. 6, June, 2024
A state bank planning to file an application for use of a
			 fictitious name must complete the following procedures prior to filing an
			 application with the State Bank Department:
A) Publish legal notice of intention to file
		  an application for use of a fictitious name one (1) time in a newspaper of
		  statewide circulation. Such notice shall include the current corporate name,
		  the proposed fictitious name, and the location or locations where the proposed
		  fictitious name will be used. A copy of the legal notice must accompany the
		  application; and
B) Request a
		  current check of both state and federal trademark or servicemark filings on the
		  proposed fictitious name. This request may be implemented through the Arkansas
		  State Library, Reference Department, One Capitol Mall, Little Rock, Arkansas
		  72201. The fax number for the Library is  501-682-1529. Requests must be
		  submitted in writing and the check will be performed in the exact or almost
		  exact name as requested. Evidence must accompany the application for use of a
		  fictitious name verifying the applicant has made a trademark or servicemark
		  search and no trademark or servicemark exists for the proposed fictitious name.
Once the application for use of a fictitious name is received by
			 the State Bank Department, notice of the filing of the application will be sent
			 to all state-chartered banks by electronic transmission. Any protestants will
			 have seven (7) days from the date the Department notice was sent to file an
			 official protest to the application. An official protest must be provided to
			 the Department in written form delineating the reasons for the protest and must
			 be accompanied by a filing fee of twenty-five dollars ($25). The Bank
			 Commissioner will make the final determination on the use of a fictitious
			 name.
Notwithstanding the above requirements, an applicant bank that
			 has previously filed and been approved for the use of a specific fictitious
			 name is not required to perform the publication of notice or trademark search
			 requirements for subsequent use of the same fictitious name. However, the bank
			 must file an application for subsequent use of the same fictitious name at a
			 new location.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.02-003 - County or Regional Industrial Development Corporations

Current through Register Vol. 49, No. 6, June, 2024
The Arkansas State Banking Board, in order to meet the statutory
			 obligation to examine and supervise/regulate county or regional industrial
			 development corporations organized pursuant to A.C.A. §
							15-4-1201, et
			 seq., require such organizations to submit the following information to the
			 Arkansas State Bank Department:
A.
		  Quarterly financial reports containing financial information requested by the
		  Arkansas State Bank Department. Each quarterly financial report must be filed
		  with the Department no later than forty-five days following the calendar
		  quarter ending on March 31, June 30, September 30, and December 31 of each
		  year. Any county or regional industrial development corporation that fails or
		  refuses to file a financial report with the Department within the time
		  limitations set forth by this regulation may be assessed a monetary penalty
		  against the county or regional industrial development corporation in the amount
		  of one hundred dollars ($100) per day for the first thirty (30) days of
		  violation and five hundred dollars ($500) per day of violation for every day
		  thereafter;
B. An annual
		  independent audit of the corporation, which has been performed by a qualified
		  accounting firm. This audit is required to be submitted to the Arkansas State
		  Bank Department no later than April 15 of each year. Any county or regional
		  industrial development corporation that fails or refuses to file an annual
		  independent audit with the Department by or before April 15 of each year may be
		  assessed a monetary penalty against the county or regional industrial
		  development corporation in the amount of one hundred dollars ($100) per day for
		  the first thirty (30) days of violation and five hundred dollars ($500) per day
		  of violation for every day thereafter;
C. The Bank Commissioner may extend the time
		  for filing a quarterly or annual report upon the request in writing by a county
		  or regional industrial development corporation. The request must provide a good
		  cause for such extension and must have prior approval of the Bank
		  Commissioner.
D. An annual list of
		  shareholders, which must be submitted to the Arkansas State Bank Department
		  within thirty days from December 31 each year; and
E. Any changes or amendments made in the
		  company's Articles of Incorporation.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.03-001 - County or Regional Industrial Development Corporations

Current through Register Vol. 49, No. 6, June, 2024
Application Requirements
: Applications submitted to
			 the Bank Commissioner for consideration of preliminary approval must include
			 such information that the Bank Commissioner determines is necessary in order to
			 consider the qualifications of the organizers. This information must include,
			 but not be limited to, a complete financial background review, permission to
			 seek a current credit report, past and current business involvement, prior
			 involvement with an industrial development corporation, a listing of the
			 proposed Board of Directors or Management Committee, and a criminal background
			 check.
Single purpose applications shall include information, in
			 sufficient detail for the Bank Commissioner to consider, the potential economic
			 development or community development, or similar project, that the applicant
			 has under serious consideration.
Multiple purpose applications shall include, in sufficient detail
			 for the Bank Commissioner to consider, at least three potential economic
			 development or community development, or similar projects, that the applicant
			 has under serious consideration.
Upon a preliminary approval of an application, applicant is
			 required to provide the Arkansas State Bank Department with evidence that the
			 required initial capital is being held in escrow pending final approval of the
			 Arkansas State Banking Board.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.07-001 - State Banking Rules

Current through Register Vol. 49, No. 6, June, 2024
46-404.2
- APPLICATION FILING FEES. APPLICATIONS WHICH ARE NOT FILED WITH THE STATE
		  BANKING BOARD
(Reference A.C.A.  23-46-404 )
a) New branch banking office (Expedited branch
						application) A.C.A.§
												23-48-703
$ 300
b) New branch banking office (Standard branch
						application) A.C.A. §
												23-48-703
$ 500
c) New branch banking office (Mobile branch application)
						A.C.A. §
												23-48-703
$ 300
d) Plan of exchange
(plus expenses of Commissioner; does not include costs
						associated with appraisals of bank stock)
$ 500
e) Filing of fictitious name
$ 25
f) Filing of out-of-state bank/bank holding
						company
$ 300
g) Change in Control
$5,000
h) Purchase or Assumption (less than fifty percent (50%)
						of assets or liabilities)
$300
i) Registered Agent for Service of Process A.C.A. §
												23-48-327
$ 25
46-406.1
- HEARINGS. FILING FEES FOR WRITTEN/OFFICIAL PROTESTS
(Reference A.C.A. §
								23-46-406 )
a) A filing fee of $2,500 will be required to
		  file an official protest for the following applications:
1) New bank charter;
2) Merger application;
3) Purchase or assumption (over fifty percent
		  (50%) of assets or liabilities);
4)
		  Conversion (national to state bank);
5) Conversion (stock savings and loan or
		  federal savings bank to state bank);
6) Relocation of main office (from one
		  municipality to another) (Simple Application); and
7) Reorganization and Relocation of Bank
		  Charter (Complex Application).
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.07-002 - Section 7 - Trust Powers

Current through Register Vol. 49, No. 6, June, 2024
47-701.1
- ACTIVITIES NOT REQUIRING TRUST POWERS
(Reference A.C.A. §
							23-47-701 )
A bank acting as escrow holder under an ordinary escrow contract,
			 where the bank has no power to invest the escrowed funds, does not require
			 trust powers. A state bank without trust powers may act as paying agent under a
			 bond or note issue but it may not act as trustee thereunder.
47-701.2
- FEDERAL DEPOSIT INSURANCE
		  CORPORATION AND FEDERAL RESERVE APPROVAL
(Reference A.C.A. §
							23-47-701 )
A non-member insured bank may not adopt trust powers without
			 Federal Deposit Insurance Corporation approval. A state member bank must obtain
			 Federal Reserve approval.
47-701.3
- TITLE TO TRUST SECURITIES IN
		  NAME OF A NOMINEE
(Reference A.C.A. §
							23-47-701 )
A bank or trust company in the administration of a trust may
			 place title to trust securities in the name of a nominee. If there is a
			 co-trustee, consent must be obtained. But a bank or trust company in such a
			 situation, will be absolutely responsible for any loss occasioned by the act of
			 the nominee.
47-701.4
- COMMON TRUST FUND
(Reference A.C.A. §
							23-47-701 )
(a) This concept permits the consolidation of
		  the assets of the various trusts being administered by the bank into a common
		  fund for investment purposes and to allocate to each trust a specific interest
		  in this fund based on the amount of its contribution. An insured state
		  chartered non-member bank or trust establishing a common trust fund should
		  consult the Federal Deposit Insurance Corporation regarding its rules and
		  regulations on such common trust funds.
(b) The Internal Revenue Code and the
		  regulations and rulings promulgated thereunder contain certain provisions which
		  exempt common trust funds from income taxation and instead impose the tax on
		  each trust, whether or not the income is distributed. If there is a
		  co-fiduciary, the bank establishing the common trust fund must secure the
		  permission of the co-fiduciary prior to the investment of trust assets into the
		  fund. If the bank merely acts as an investment agent in respect to the
		  investments of one of its customers, such funds may not be placed in the common
		  trust fund. Any state bank establishing a common trust fund shall obtain
		  approval of the Commissioner in advance of implementation. Such approval shall
		  not be unreasonably withheld.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.07-003 - 46-101.3 - Confidential or Non-Confidential Status of Bank Department Records; 47-101.2 - Incidental Powers - Gift Cards

Current through Register Vol. 49, No. 6, June, 2024
SECTION
		  1
STATE BANK DEPARTMENT - GENERAL PROVISIONS
46-101.3
- CONFIDENTIAL OR
		  NON-CONFIDENTIAL STATUS OF BANK DEPARTMENT RECORDS
(Reference A.C.A.
		  §
								23-46-101 )
A. The names of
stockholders of a bank or bank holding company
will not be
		  regarded as confidential. The stockholder's list of a bank or bank holding
		  company will not be regarded as confidential.
B.
Articles of Agreement and
		  Incorporation
and all amendments are not confidential.
C.
Stock Transfers
. A one-page
		  request form submitted to the Commissioner requesting a transfer of bank stock
		  from one stockholder to another.
However, any information submitted to
		  the
Commissioner, including any personal financial statements, along
		  with the request will be regarded as confidential and is not subject to
		  disclosure.
D.
Applications
. All applications submitted to the Commissioner may
		  be disclosed to anyone with the exception that personal financial statements
		  submitted in support of such applications shall be regarded as confidential and
		  are not subject to disclosure.
E.
Examination Reports
. Examination reports are highly confidential
		  and are not subject to public disclosure. Such examination reports are
		  regularly submitted to the federal regulatory authorities and/or other state
		  financial institution regulatory authorities, as well as to the examined bank
		  as a matter of regulatory process. However, the examination reports remain the
		  property of the Department and, as such, the report, as well as all
		  correspondence between regulatory authorities and the examined bank in respect
		  to the examination report, is confidential, A.C.A. §
									23-46-101.
F.
Investigation Reports
. An
		  investigation made by a bank examiner assigned to investigate the merits of an
		  application, or other bank matter, is generally considered as confidential. The
		  exception being that the Commissioner, in his/her discretion, reserves the
		  right to permit an investigation on the merits of an application to be reviewed
		  by the applicant and an official protestant to an application and permit
		  introduction into evidence, by a party to the proceeding, those portions of the
		  investigation which may be necessary and relevant to that proceeding.
G.
Corporate "File"
. A bank's
		  corporate file contains the following: Articles of Incorporation, Amendments to
		  Articles of Incorporation, Oaths of Directors, list of stockholders. The file
		  is subject to disclosure with the exception of any information in support of a
		  petition for a stock transfer since such supportive information is
		  confidential.
H.
Financial
		  Statements
. Personal financial statements shall not be exhibited to the
		  public.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.09-001 - 48-307.1 - Charter Amendment Application for Change of Bank Corporate Name; 48-309.1 - Reservation of Bank Corporate Name

Current through Register Vol. 49, No. 6, June, 2024
48-307.1
- CHARTER AMENDMENT
		  APPLICATION FOR CHANGE OF BANK CORPORATE NAME
(Reference A.C.A. §
							23-48-307 )
Prior to filing an application with the State Bank Department for
			 a charter amendment to change the corporate name of a state bank, the bank must
			 complete the following procedures:
A)
		  Publish legal notice of intention to change the corporate name of the bank one
		  (1) time in a newspaper of statewide circulation. Such notice shall include
		  both the current corporate name of the bank and the proposed new name. A copy
		  of the legal notice must accompany the application; and
B) Request a current check of both state and
		  federal trademark or servicemark filings on the proposed new name. Evidence
		  must accompany the application for charter amendment verifying the applicant
		  has made a trademark or servicemark search and no trademark or servicemark
		  exists for the proposed name.
Once the charter amendment is received by the State Bank
			 Department, notice of the filing of the application will be sent to all
			 state-chartered banks by electronic transmission. Any protestants will have
			 seven (7) days from the date the Department notice was sent to file an official
			 protest to the application. An official protest must be provided to the
			 Department in written form delineating the reasons for the protest and must be
			 accompanied by a filing fee of two hundred dollars ($200).
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.09-002 - 48-309.2 - Bank Fictitious Names; 48-317.1 - Transfers Affecting Change in Control

Current through Register Vol. 49, No. 6, June, 2024
48-309.2
- BANK FICTITIOUS NAMES
(Reference A.C.A. §
							23-48-309 )
A state bank planning to file an application for use of a
			 fictitious name must complete the following procedures prior to filing an
			 application with the State Bank Department:
A) Publish legal notice of intention to file
		  an application for use of a fictitious name one (1) time in a newspaper of
		  statewide circulation. Such notice shall include the current corporate name,
		  the proposed fictitious name, and the location or locations where the proposed
		  fictitious name will be used. A copy of the legal notice must accompany the
		  application; and
B) Request a
		  current check of both state and federal trademark or servicemark filings on the
		  proposed fictitious name. Evidence must accompany the application for use of a
		  fictitious name verifying the applicant has made a trademark or servicemark
		  search and no trademark or servicemark exists for the proposed fictitious name.
Once the application for use of a fictitious name is received by
			 the State Bank Department, notice of the filing of the application will be sent
			 to all state-chartered banks by electronic transmission. Any protestant will
			 have seven (7) days from the date the Department notice was sent to file an
			 official protest to the application. An official protest must be provided to
			 the Department in written form delineating the reasons for the protest and must
			 be accompanied by a filing fee of twenty-five dollars ($25). The Bank
			 Commissioner will make the final determination on the use of a fictitious
			 name.
Notwithstanding the above requirements, an applicant bank that
			 has previously filed and been approved for the use of a specific fictitious
			 name is not required to perform the publication of notice or trademark search
			 requirements for subsequent use of the same fictitious name. However, the bank
			 must file an application for subsequent use of the same fictitious name at a
			 new location.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.12-001 - 47-501.3 - Total Indebtedness

Current through Register Vol. 49, No. 6, June, 2024
47-501.3 - TOTAL
		  INDEBTEDNESS (Reference A.C.A. §
							23-47-501 )
"Total indebtedness" shall also include any credit exposure to a
			 person arising from a derivative transaction, repurchase agreement, reverse
			 repurchase agreement, securities lending transaction, or securities borrowing
			 transaction between the bank and the person. For the purposes of this paragraph
			 the term derivative transaction shall include any transaction that is a
			 contract, agreement, swap, warrant, note, or option that is based in whole or
			 in part, on the value of, any interest in, or any quantitative measure or the
			 occurrence of any event relating to, one or more commodities, securities,
			 currencies, interest or other rates, indices, or other assets.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.15-001 - 47-204.1: Identification Requirements for the Transfer or Closure of Pay on Death Deposit Accounts

Current through Register Vol. 49, No. 6, June, 2024
A.CA.
							§
							23-47-204(e)(4)  states: "The State Bank Department shall promulgate rules that
		  set out procedures a bank may take before transferring ownership of a deposit
		  account, closing a deposit account and distributing the proceeds to a person
		  designated by the account documents as a beneficiary."
(a) Before ownership of a deposit account is
		  transferred, or a pay on death account is closed and the funds disbursed, a
		  bank may require:
(1) For pay on death
		  accounts: Legal evidence of the death of all other account holder(s)
(2) Identification from each designated
		  beneficiary.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.17-001 - Corporate File

Current through Register Vol. 49, No. 6, June, 2024
46-101.3 G.
		  Corporate File.
A bank's corporate file includes its: Articles of Incorporation,
			 Amendment to Articles of Incorporation, list of stockholders, Articles of
			 Merger, and other relevant documents. A bank's corporate file is subject to
			 disclosure with the exception of any information in support of a petition for a
			 stock transfer since such supportive information is
			 confidential.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.17-002 - Messenger Service

Current through Register Vol. 49, No. 6, June, 2024
47-101.7 -
		  MESSENGER SERVICE (Reference A.C.A. §
							23-47-101 )
(a) To meet the requirements of its
		  customers, a state bank may provide messenger services within the geographic
		  limits of its operations by means of an armored car or otherwise, under which
		  messenger service means any service, such as a courier service or armored car
		  service, used by a stale bank and its customers to pick up from, and deliver
		  to, specific customers at locations such as their homes or offices, items
		  relating to transactions between the bank and those customers.
(b) The messenger service shall be pursuant
		  to a written contract between the bank and the customer wherein it is agreed
		  that in performing the functions under (a) above, the messenger is the agent of
		  the customer; that where funds (including currency, coin, checks or similar
		  items) are transmitted to the bank by messenger for deposit, title to the funds
		  shall remain with the customer until they are accepted by the bank and the
		  depositor relationship shall not commence until such acceptance; that funds
		  delivered by the bank to the messenger for transmission to a customer shall
		  become the property of the customer when they are delivered to and accepted by
		  the messenger, the customer's withdrawal to be deemed to have been affected as
		  of that moment.
(c) Hazard
		  insurance covering holdup, robbery, theft, messenger fidelity or
		  misappropriation shall be carried for the protection of the customer for all
		  funds transmitted by messenger to or from the bank. The premiums on such
		  insurance may be paid by the bank.
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.17-003 - Publication Requirements, Applications Before the State Banking Board

Current through Register Vol. 49, No. 6, June, 2024
46.403.1. - PUBLICATION REQUIREMENTS
		  APPLICATIONS BEFORE THE STATE BANKING BOARD (Reference A.C.A. §
							23-46-403 )
Sponsors of the following applications must publish notice of the
			 proposed application once a week for three (3) consecutive weeks in a newspaper
			 of statewide circulation. The first publication shall be within ten (10)
			 calendar days prior to the application's filing date. Publications must provide
			 for a fifteen (15) day comment period beginning with the actual filing of the
			 application. These applications are:
(1) New state bank charters;
(2) Merger or consolidation applications
		  between one or more banks, or saving and loan associations into a state
		  bank;
(3) Purchase or assumption
		  application (over 50% of the assets or liabilities) of another depository
		  institution; and
(4) Change of a
		  state bank's main banking office from one municipality to another (Simple or
		  Complex Application).
Arkansas Administrative Code › Agency 210 - State Bank Department › Rule 210.00.19-008 - Collective Investment Funds

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS STATE BANKING BOARD
Position Number
Classification of
						Position
Entitled to Nominate
Incumbent
Term Expires
1
Bank Dept.
Member
Bank Commissioner
Todd
Smith
12-31-2019
2
Arkansas
Bankers
Association
Member
Bankers Association
Randy Scott
12-31-2020
3
Arkansas Bankers Association Member
Bankers
Association
Scott Miller
12-31-2023
4
Public Member
Governor
Ronald Mobley
12-31-2018
5
Public
Member
Governor
David Leech
12-31-2021
6
Public Member
Governor
Lana Hampton
12-31-2018
(A) All trust and
		  estates over which a court is exercising jurisdiction shall be closed or
		  disposed of as soon as practical in accordance with the orders or instructions
		  of such court;
(B) All other
		  accounts which can be closed promptly shall be closed as soon as practicable
		  and final accounting made therefore, and all remaining accounts shall be
		  transferred by appropriate legal proceedings to substitute fiduciaries.
(1)
Surrender or Revocation of
		  Fiduciary Powers.
Any state bank which has been granted the right
		  to exercise fiduciary powers and which desires to surrender such right shall
		  file with the Commissioner a certified copy of the resolution of its board of
		  directors signifying such desire. Upon receipt of such resolution, the
		  Commissioner shall make an investigation and if satisfied that the bank has
		  been discharged from all fiduciary duties which it has undertaken, shall issue
		  a certificate to such bank certifying that it is no longer authorized to
		  exercise fiduciary powers.
September 25, 2019 COLLECTIVE INVESTMENT FUNDS
Collective Investment.
(Common Trust
			 Funds as in A.C.A. §
									28-69-202 )
(a) Any common trust fund or collective
		  investment authorized by Arkansas Code Annotated §
									28-69-202  shall be
		  established and maintained in accordance with  12 C.F.R. 9.18  as of January
		  1,2019.
Arkansas Administrative Code › Agency 214 - Arkansas Securities Department › Rule 214.00.07-001 - Fair Mortgage Lending Act Rules

Current through Register Vol. 49, No. 6, June, 2024
RULES OF THE ARKANSAS SECURITIES COMMISSIONER UNDER THE
			 FAIR MORTGAGE LENDING ACT, ARK. CODE ANN. §
								23-39-501, ET
			 SEQ.
RULE 5005-1
FINANCIAL STATEMENT AND ACCOUNTS
(1) Each applicant filing for initial
		  licensure as a mortgage broker or renewal of a license as a mortgage broker
		  shall file with the commissioner financial statements, which may be unaudited
		  but shall consist of at least a balance sheet and income statement, prepared in
		  accordance with generally accepted accounting principles, reflecting that the
		  licensee has a net worth of at least twenty-five ($25,000) dollars. These
		  unaudited financial statements must be certified as true and correct by the
		  president or chief financial officer of the mortgage broker on a form
		  acceptable to the commissioner.
(2)
		  If a mortgage broker is a sole proprietorship, a separate account shall be
		  maintained relating to mortgage broker activities that is not commingled with
		  any other business or personal account with respect to income and expenses.