reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Affiliate" has the meaning set forth in s.
				221.0901,
				Stats.
(2) "Company" has the
				meaning set forth in s.
				221.0901,
				Stats.
(3) "Control" has the
				meaning set forth in s.
				221.0901,
				Stats.
(4) "Division" means the
				division of banking.
(5) "Financial
				institution" means a state bank chartered under ch. 221, Stats.
(6) "Financial subsidiary" means any company
				that is controlled by one or more insured depository institutions other than a
				subsidiary that a financial institution is authorized to control under other
				applicable law, or a subsidiary that engages solely in activities that a
				financial institution is permitted to engage in directly and are conducted
				subject to the same terms and conditions that govern the conduct of such
				activities by the financial institution.
(7) "Insured depository institution" has the
				meaning set forth in
				12
				USC 1813(c)(2).
(8) "Subsidiary" has the meaning set forth in
				s.
				221.0901,
				Stats.
(9) "Well capitalized" has
				the meaning set forth in
				12 USC
				1831 o(b)(1)(A).
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.02 - Financial activity

Current through June 24, 2024
For the purposes of this chapter, the following activities
				  shall be considered to be financial in nature:
(1) Lending, exchanging, transferring,
				investing for others, or safeguarding money or securities.
(2) Engaging as agent or broker in any state
				for purposes of insuring, guaranteeing, or indemnifying against loss, harm,
				damage, illness, disability, death, or defects in title, or providing annuities
				as agent or broker.
(3) Issuing or
				selling instruments representing interests in pools of assets permissible for a
				bank to hold directly.
(4)
				Underwriting, dealing in, or making a market in securities.
(5) Extending credit and servicing loans,
				including making, acquiring, brokering, or servicing loans or other extensions
				of credit (such as factoring, issuing letters of credit, and accepting drafts)
				for the financial subsidiary's account or for the account of others.
(6) Engaging in any of the following
				activities related to extending credit:
(a)
				Appraising real estate and personal property.
(b) Arranging commercial and real estate
				equity financing.
(c) Providing
				check guaranty services.
(d)
				Providing collection agency services.
(e) Providing credit bureau
				services.
(f) Engaging in asset
				management, servicing, and collection activities.
(g) Acquiring a debt in default.
(h) Servicing real estate
				settlements.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.03 - Control and interest

Current through June 24, 2024
Subject to ss. DFI- Bkg 4.04 and 4.05, a financial
				  institution may control a financial subsidiary or hold an interest in a
				  financial subsidiary to engage in financial activities.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.04 - Application

Current through June 24, 2024
A financial institution desiring to control or hold an
				  interest in a financial subsidiary shall apply to the division on forms
				  prescribed by the division and shall pay the fee to be prescribed by the
				  division. An application submitted to the division shall either be approved or
				  disapproved by the division in writing within 30 days after its submission to
				  the division. The division and the financial institution may mutually agree to
				  extend the period in which the division makes a decision on the application for
				  an additional period of 30 days.
A copy of the forms may be obtained at no charge from the
					 Department of Financial Institutions, Division of Banking, 4822 Madison Yards
					 Way, North Tower, 5th Floor, P.O. Box 7876, Madison, WI 53707-7876, tel. (608)
					 261-7578.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.05 - Conditions and requirements

Current through June 24, 2024
(1) A financial
				institution may control a financial subsidiary or hold an interest in a
				financial subsidiary to engage in financial activities only if the financial
				subsidiary engages in financial activities or activities in which the financial
				institution is permitted to engage under other applicable law. The financial
				subsidiary may also engage in any other activity approved by rule of the
				division. However, the financial subsidiary may not engage in any activity as a
				principal that is not permissible for a financial subsidiary of a national bank
				as a principal unless the activity is authorized by the Federal Deposit
				Insurance Corporation pursuant to
				12 USC
				1831 a.
(2) Prior to acquiring control of, or an
				interest in a financial subsidiary, a financial institution is required to
				receive the prior approval of the division under s. DFI- Bkg 4.04.
(3) The financial institution and each
				insured depository institution affiliate of the financial institution must be
				well capitalized, after the capital deduction required under s. DFI- Bkg
				4.06.
(4) The financial institution
				must meet any requirements of
				12 USC
				1831 w applicable to the financial
				institution.
(5) The division may
				establish additional limits or requirements on financial institutions and
				financial subsidiaries if the division determines that the limits or
				requirements are necessary for the protection of depositors, members, investors
				or the public.
(6) For any period
				during which a financial institution fails to meet these requirements, the
				division may by order limit or restrict the activities of the financial
				subsidiary or require the divestiture of the financial institution's interest
				in the financial subsidiary.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.06 - Capital deduction

Current through June 24, 2024
The aggregate amount of the outstanding equity investment,
				  including retained earnings, of a financial institution in all financial
				  subsidiaries controlled by the financial institution shall be deducted from the
				  assets and tangible equity of the financial institution as determined by the
				  division, and the assets and liabilities of the financial subsidiaries shall
				  not be consolidated with those of the financial institution.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.07 - Disclosure

Current through June 24, 2024
Any published financial statement of a financial institution
				  that controls a financial subsidiary shall separately present financial
				  information for the financial institution in the manner proved in s. DFI- Bkg
				  4.06.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.08 - Safeguards for the financial institution

Current through June 24, 2024
A financial institution that establishes or maintains a
				  financial subsidiary shall do all of the following:
(1) Ensure that the procedures of the
				financial institution for identifying and managing financial and operational
				risk within the financial institution and the financial subsidiary adequately
				protect the financial institution from such risk.
(2) Ensure that the financial institution
				has, for the protection of the financial institution, reasonable policies and
				procedures to preserve the separate corporate identity and limited liability of
				the financial institution and the financial subsidiaries of the financial
				institution.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.09 - Affiliate requirements

Current through June 24, 2024
The financial institution shall comply with the requirements
				  of
				  12 USC 371
				  c.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.10 - Preservation of existing subsidiaries

Current through June 24, 2024
Notwithstanding the provisions of this chapter, a financial
				  institution may retain control of a subsidiary or retain an interest in a
				  subsidiary that the financial institution lawfully controlled or acquired
				  before November 1, 2000, and conduct through such subsidiary any activities
				  lawfully conducted in such subsidiary as of such date. Furthermore, no
				  provision of this chapter shall be construed as superseding the authority for
				  financial institutions to conduct operations through subsidiaries under s. DFI-
				  Bkg 3.04.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.11 - Examination and supervision

Current through June 24, 2024
Each financial subsidiary shall be subject to examination and
				  supervision by the division in the same manner and to the extent as the
				  financial institution.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 4 - Financial Subsidiaries › Section DFI-Bkg 4.12 - Report of disposition of financial subsidiary

Current through June 24, 2024
At least 30 days prior to disposition of a financial
				  subsidiary, the financial institution shall inform the division by letter of
				  the terms of the transaction.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.01 - Definitions

Current through June 24, 2024
(1) "Branch" means an attended banking
				facility, whether fixed, intermittent, or mobile, that is authorized pursuant
				to s. 221.0302, Stats., which has no
				legal identity, assets or liabilities separate from the home office, and which
				accepts deposits, cashes checks, lends money or provides trust services. The
				term does not include the home office of a bank, a customer bank communications
				terminal, or a night depository.
(2) "Home office" means a bank chartered
				pursuant to s. 221.0208, Stats., which owns and
				operates one or more branches.
(3)
				"Paying and receiving station" means a permanent, attended facility authorized
				pursuant to s. 221.0301 (7),
				Stats., to cash checks, accept deposits, make withdrawals or accept loan
				payments or an unattended night depository.
(4) "Joint branch bank" means a permanent,
				attended, banking facility authorized pursuant to s.
				221.0302, Stats., by which 2 or
				more banks agree to provide banking services at one location.
(5) "Pick up deposits and deliver money"
				means an activity or service authorized pursuant to s.
				221.0302 (5),
				Stats., to pick up deposits and deliver coin and currency to bank customers at
				a designated location. Such a service is not to be construed as branch banking.
				No paying and receiving activities, lending of money or trust services are to
				be provided in conjunction with such activity or service. Deposits picked up
				during such activity or service are not considered accepted until delivered to
				a teller on the bank's premises.
(6) "Locations," for purposes of s.
				221.0302 (5),
				Stats., means specific fixed locations or sites as designated by the
				bank.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.02 - Evaluation of branch applications

Current through June 24, 2024
A bank may establish and operate a branch provided only that
				  the applicant bank and the proposed location satisfy the technical requirements
				  specified in s.
				  221.0302,
				  Stats., and that the applicant bank has not been determined by the
				  administrator of the division of banking to be conducting its business in an
				  unsafe, unsound or unauthorized manner.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.03 - Daily report to home office

Current through June 24, 2024
Every banking transaction at a branch which would be entered
				  in the general ledger of the home office if it had occurred at the home office
				  shall be reported to the home office on a daily basis and entered in the
				  general ledger of the home office for that business day.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.05 - Branch supervision

Current through June 24, 2024
Periodic audits shall be made of the books, records and
				  operating procedures at each branch. These audits will be reviewed by an
				  officer of the bank. The audits are to be unannounced and are to be conducted
				  at least quarterly. All components of branch operations need not be covered in
				  every audit.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.06 - Joint branch bank name designation

Current through June 24, 2024
Every bank operating a joint branch bank shall be
				  individually identified on all documentation relating to that bank's services
				  at the joint branch bank.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.07 - Joint branch bank advertising and signage

Current through June 24, 2024
Banks operating a joint branch may represent the joint branch
				  relationship in their advertising and signage if the advertising and signage
				  also conspicuously displays their individual identities.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.08 - Separation of funds and documentation

Current through June 24, 2024
Banks participating in a joint branch bank shall have a
				  methodology to identify each participating bank's funds and documentation in a
				  manner acceptable to the administrator of the division of
				  banking.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.09 - Joint branch personnel

Current through June 24, 2024
Joint branch personnel may not represent more than one bank
				  in any transactions or activities or services offered at the joint branch bank
				  other than the cashing of checks or acceptance of deposits or loan
				  payments.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 8 - Branches › Section DFI-Bkg 8.10 - Time for opening branch

Current through June 24, 2024
The failure of a bank to open and operate a branch office
				  pursuant to s.
				  221.0302,
				  Stats., within one year after the administrator of the division of banking
				  approves the application therefor shall automatically terminate the right of
				  the bank to open the branch office, except that the administrator of the
				  division of banking for good cause on written application made before the
				  expiration of the one year period may grant an extension of additional periods
				  of time not in excess of one year each time within which the branch may be
				  opened.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.01 - Use of statutory procedure

Current through June 24, 2024
In any case where the statute involved provides a procedure
				  inconsistent with these rules the statute shall govern to the extent of such
				  inconsistency. If in any case the forms set out in these rules be found not
				  appropriate, parties may devise forms substantially similar to those herein
				  prescribed, to meet such situations.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.02 - Definition of terms

Current through June 24, 2024
"Administrator" means the administrator of the division of
				  banking in the department of financial institutions.
1995 Wis. Act 27 replaced the commissioner of banking with
					 the division of banking in the department of financial
					 institutions.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.03 - Notice of appeal

Current through June 24, 2024
Any interested person aggrieved by any act, order, or
				  determination of the administrator under chs. 220, 221, and 223, Stats., may
				  file with the administrator within 10 days after the act, order, or
				  determination to be reviewed a Notice of Appeal in the manner prescribed by s.
				  DFI-Bkg 10.05 in the following form:
To the Wisconsin Banking Review Board:
The undersigned hereby appeals from the order of the
				  administrator of the division of banking dated , 20 , whereby it was ordered
				  that (here set forth the substance of the order).
The nature of petitioner's interest is: (Here set forth the
				  nature of petitioner's interest).
The grounds of appeal are the following: (Here set forth the
				  exceptions or objections relied on, and if no answer has been filed, then also
				  an answer to the findings of fact in the order, in the manner prescribed by s.
				  DFI-Bkg 11.11, rules of Procedure for proceedings and hearings had before the
				  administrator of the division of banking).
Dated , 20 .
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.04 - Time of hearing

Current through June 24, 2024
Upon the filing of said notice, the administrator shall fix
				  a time for hearing by giving at least 10 days' written notice of the time and
				  place when said matter will be heard to the person applying for review or his
				  or her attorney and upon any other person who participated in the proceedings
				  before the administrator or his or her attorney, stating the issues to be
				  considered.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.05 - Notice of hearing

Current through June 24, 2024
Notice of hearing may be given by registered mail addressed
				  to the party at the last known post office address, or to the party's attorney
				  of record, return receipt requested, and the return receipt signed by the
				  addressee or an authorized agent shall be presumptive evidence that such notice
				  was received by the addressee on the day stated on the receipt. Papers required
				  to be filed with the board may be mailed to the following address:
Office of the Administrator of the Division of Banking
P.O. Box 7876
Madison, Wisconsin 53707
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.06 - Procedure for hearing

Current through June 24, 2024
Continuances and adjournments of hearings may be granted by
				  the board for cause shown. The appellant may appear in person or by any
				  officer, regular employee or attorney. Any other interested person may likewise
				  so appear. Proceedings shall be in conformity to s.
				  220.035(1)
				  (c), Stats. Witnesses competent to take an
				  oath shall be sworn by the chairperson of the board or the presiding officer
				  and may be examined on behalf of the board by the chairperson or presiding
				  officer or by a representative of the attorney general acting as counsel for
				  the board, or, with the permission of the chairperson or presiding officer, by
				  any employee of the board or administrator or by any other interested party or
				  their attorneys. Any interested party or any agents, officers or employees of
				  an interested party may be examined adversely as prescribed by s.
				  906.11,
				  Stats. In all other respects, proceedings shall be had as prescribed in ch.
				  227, Stats.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.07 - Subpoena

Current through June 24, 2024
The board shall have subpoena powers as granted by s.
				  885.02,
				  Stats.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.08 - Prehearing conferences

Current through June 24, 2024
Prehearing conferences may be held at the convenience of the
				  parties and shall be conducted by the administrator or any other employee of
				  the administrator designated by him or her, who shall keep and preserve a
				  record of any agreement as to the issues or stipulation or admission of fact
				  which may be made at such conference. Such record shall be attached to the file
				  and constitute a part of the official record of the case.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.09 - Filing briefs

Current through June 24, 2024
Arguments shall be submitted to the board in writing, unless
				  otherwise ordered. Eight copies of such written arguments shall be filed with
				  the administrator, who shall forthwith send a copy to each member of the board.
				  The time for filing arguments shall be fixed by the officer presiding at the
				  hearing.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.10 - Stay of enforcement

Current through June 24, 2024
The institution of the proceedings for review shall not stay
				  enforcement of the administrator's decision, but the board may order a stay
				  upon such terms as it deems proper.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 10 - Procedure Before The Banking Review Board › Section DFI-Bkg 10.11 - Record

Current through June 24, 2024
(1) A transcript shall be prepared of the
				proceedings at a hearing in any contested case as defined by s.
				227.01, Stats., or in
				any proceeding at the direction of the board or on the request of any party
				establishing a reasonable need therefor. The transcript together with all
				exhibits shall be a part of the official record of the proceedings.
(2) Any person desiring a copy of the
				transcript shall so indicate at the commencement of the proceedings. The cost
				of each copy shall be paid by the person requesting it. A charge of 75¢
				for each 8 1D 2 by 11 inch page will be charged for copies prepared by the
				office of the administrator. However, if the board determines that any party is
				impecunious or would suffer an undue economic hardship, such party shall be
				provided a copy of the transcript without charge. Where a transcript of
				proceedings other than a contested case, is prepared at the request of any
				party, such party shall also pay all recording and transcription
				costs.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.01 - Application of rules

Current through June 24, 2024
These rules shall apply in all proceedings and hearings had
				  before the administrator of the division of banking in matters within his or
				  her jurisdiction and shall apply except in cases where inconsistent with the
				  procedure provided by statute in particular instances. "Administrator" means
				  the administrator of the division of banking in the department of financial
				  institutions.
1995 Wis. Act 27 replaced the commissioner of banking with
					 the division of banking in the department of financial
					 institutions.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.02 - Place of hearings

Current through June 24, 2024
Unless otherwise specifically provided by law or ordered by
				  the administrator, all hearings shall be held at the office of the
				  Administrator of the Division of Banking of Wisconsin, 4822 Madison Yards Way,
				  North Tower, Madison, Wisconsin, 53705.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.03 - Conduct of hearings

Current through June 24, 2024
All hearings shall be conducted and presided over by the
				  administrator or such subordinate as the administrator
				  designates.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.04 - Hearings public

Current through June 24, 2024
All hearings shall be open to the public except where
				  otherwise specifically provided by statute or ordered by the administrator or
				  the subordinate having charge of the matter involved in said
				  hearing.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.05 - Subpoenas

Current through June 24, 2024
The administrator may issue subpoenas for the attendance of
				  a party or any witness at a hearing, whether the administrator is to conduct
				  the hearing or not. Subpoenas may be in the form provided by s.
				  885.02,
				  Stats.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.06 - Record

Current through June 24, 2024
(1) A transcript shall be prepared of the
				proceedings at a hearing in any contested case as defined by s.
				227.01, Stats., or in any
				proceeding at the direction of the administrator or on the request of any party
				establishing a reasonable need therefor. The transcript together with all
				exhibits shall be a part of the official record of the proceedings.
(2) Any person desiring a copy of the
				transcript shall arrange for a court reporter, at the person's expense, at
				least 30 days before the commencement of the proceedings and shall
				simultaneously so notify the administrator. In the alternative, any person
				desiring a copy of the transcript shall request that the administrator obtain
				the services of a court reporter to produce the transcript, at the person's
				expense, at least 30 days before the commencement of the proceedings. The cost
				of each copy shall be paid by the person requesting it. A charge of 75¢
				for each 8 1D2 by 11 inch page will be charged for copies prepared by the
				office of administrator. However, if the administrator determines that any
				party is impecunious or would suffer an undue economic hardship, such party
				shall be provided a copy of the transcript without charge. Where a transcript
				of proceedings, other than a contested case, is prepared at the request of any
				party, such party shall also pay all recording and transcription
				costs.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.07 - Evidence

Current through June 24, 2024
The administrator is not bound by common law or statutory
				  rules of evidence, except that all privileges set forth in ch. 905, Stats.,
				  apply. All testimony having reasonable probative value shall be admitted, but
				  immaterial, irrelevant, or unduly repetitious testimony shall be excluded.
				  Basic principles of relevancy, materiality, and probative force, as recognized
				  in equitable proceedings, shall govern the proof of all questions of
				  fact.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.08 - Form and style of papers

Current through June 24, 2024
(1) Except as
				provided in sub. (2), all papers filed in connection with any hearing shall be
				either printed or typewritten and, as far as practicable, shall be on paper 8
				½ inches wide and 11 inches long. An original and 2 copies thereof shall
				be filed with the administrator and copies thereof shall also be served or
				furnished, as the case may be, to any other party or person interested who
				enters an appearance in said proceeding. Pleadings shall bear the name and
				mailing address of the party or a representative presenting the same. All
				pleadings, notices and other papers shall be captioned "BEFORE THE
				ADMINISTRATOR OF THE DIVISION OF BANKING OF WISCONSIN."
(2) Notwithstanding the provisions of sub.
				(1) and s.
				DFI-Bkg 11.09, papers and
				copies filed as described in sub. (1) may be filed by electronic means, as
				directed by the administrator.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.09 - Service and filing of papers

Current through June 24, 2024
Except as provided in s.
				  DFI-Bkg 11.08
				  (2), and unless otherwise provided by law,
				  all orders, notices, and other papers may be served by the administrator by
				  first class or registered mail addressed to any party at the last known post
				  office address or to the party's attorney of record. Papers required to be
				  filed with the administrator may be mailed to the following address: Office of
				  the Administrator of the Division of Banking, P.O. Box 7876, Madison,
				  Wisconsin, 53707.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.10 - Notice of hearing in contested cases

Current through June 24, 2024
In all proceedings instituted by the administrator on
				  complaint or otherwise for the revocation or suspension of any license or
				  permit or in any other contested matter the notice of hearing shall contain a
				  statement of the issues involved and may be in substantially the following
				  form:
BEFORE THE ADMINISTRATOR OF THE DIVISION OF BANKING OF
				  WISCONSIN
To (Name) (Street Address)
(City and State)
Respondent
Take Notice that a hearing will be held on the day of at the
				  office of the Administrator of the Division of Banking of Wisconsin in Madison,
				  Wisconsin, (or such other place as may be designated) at o'clock M., in the
				  matter of (here insert briefly the subject matter of the hearing). The issue
				  involved and the matters there to be considered are: (here insert with
				  reasonable particularity in numbered paragraphs the particular matters and
				  things complained of or at issue with respect to the subject matter of the
				  hearing), to which you are required to make answer in writing at least days
				  before the time set for hearing.
Dated at Madison, Wisconsin, this day of.
ADMINISTRATOR OF THE DIVISION OF BANKING OF WISCONSIN
By
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.11 - Answer in contested cases

Current through June 24, 2024
The respondent shall be required to file an answer to any
				  such notice in a contested case within the time specified in the notice.
				  Failure to do so shall constitute a default, but the administrator may excuse
				  the default upon terms the administrator considers to be just. The answer of
				  the respondent shall be verified unless an admission of the allegations might
				  subject the respondent to prosecution for a felony. The answer must contain all
				  of the following:
(1) A specific denial
				of each of the material allegations that are controverted by the
				respondent.
(2) A statement of any
				new matter constituting a defense or affecting the respondent's situation which
				respondent wishes to have considered.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.12 - Admission by not denying

Current through June 24, 2024
Every material allegation of the charges not controverted in
				  the answer shall be taken as true, but new matter in the answer shall be deemed
				  controverted without any reply being served or filed.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.13 - Petition for rules

Current through June 24, 2024
(1) Any interested person may petition the
				administrator for the promulgation, amendment, or repeal of any rule that is
				within the jurisdiction of the administrator. The petition shall specify in
				detail any rule or part thereof that is proposed to be repealed, the content of
				any proposed amendment, and, if the petition seeks the promulgation of a new
				rule, the nature and purposes of the proposed new rule. If the petitioner
				requests the promulgation of a new rule, the petitioner shall specify with
				particularity the goal he or she would like to accomplish with the proposed
				rule.
(2) Upon the receipt of any
				such petition the administrator may commence an investigation into the matter,
				hold any conferences or hearings deemed necessary, and give notice of such
				hearings to all parties which he or she deems may be interested in the matter.
				Alternatively, the administrator may dispose of any petition in a summary
				manner.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.14 - Declaratory rulings

Current through June 24, 2024
Any person in interest may petition the administrator for a
				  declaratory ruling with respect to the applicability of any rule or statute
				  enforced by the administrator to any persons, property, or state of facts in
				  which the person has an interest. Any such petition shall be verified by the
				  party presenting the petition, and upon receipt of the petition the
				  administrator may investigate the facts set forth in such petition, and may
				  hold such hearings upon notice to the petitioner or any other interested party.
				  The administrator, however, is not required to issue a declaratory ruling and
				  any action the administrator takes shall be discretionary except upon reference
				  of a case in accordance with the provisions of s.
				  227.41, Stats.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 11 - Procedure Before The Administrator Of The Division Of Banking › Section DFI-Bkg 11.15 - Prehearing conference

Current through June 24, 2024
(1) In any pending matter the administrator
				may direct any party or attorney for any party to appear before the
				administrator or the administrator's delegate to consider all of the following:
(a) Simplification of the issues.
(b) The necessity or desirability of
				amendments to the pleadings.
(c)
				The possibility of obtaining admissions of fact or as to documents which will
				avoid unnecessary proof.
(d) Such
				other matters as may aid in the disposition of the matter.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 14 - Customer Bank Communications Terminal Joint Rules › Section DFI-Bkg 14.01 - Customer bank communications terminal, definitions

Current through June 24, 2024
In this chapter:
(1)
				"Administrator" means the administrator of the division of banking in the
				department of financial institutions or his or her authorized
				representative.
(2) "Days" means
				calendar days computed under s.
				990.001(4),
				Stats.
(3) "Financial institution"
				means a state or federal savings and loan association, a state or national
				bank, a state or federal credit union or a mutual savings bank.
(4) "Customer bank communications terminal"
				means a customer bank communications terminal as defined in s.
				221.0303(1),
				Stats., or a remote service unit as defined in s.
				215.13(46)
				(a), Stats., or a remote terminal as defined
				in s.
				186.113(15)
				(b), Stats.
(5) "Supplier" means any person furnishing
				equipment, goods or services used to complete any function performed through a
				given customer bank communications terminal.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 14 - Customer Bank Communications Terminal Joint Rules › Section DFI-Bkg 14.02 - Joint rules

Current through June 24, 2024
This chapter is promulgated as a joint rule by the division
				  of banking and office of credit unions under s.
				  221.0303 (2),
				  Stats.
See chs.
					 DFI-CU 63, DFI-SB 12 and DFI-SL
					 12, Wis. Adm. Code.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 14 - Customer Bank Communications Terminal Joint Rules › Section DFI-Bkg 14.04 - Restrictions on access prohibited

Current through June 24, 2024
(1) GENERAL
				PROVISIONS. Except as provided in sub.(2), no bank may directly or indirectly
				acquire, place, or operate a customer bank communications terminal, and no bank
				may participate in the acquisition, placement, or operation of a customer bank
				communications terminal, unless the terminal is available on a
				nondiscriminatory basis to all of the following financial institutions and
				their designated customers:
(a) Any financial
				institution that has its home office in this state.
(b) Any other savings and loan association
				which is qualified to do business in this state and has obtained the written
				consent of a savings and loan association that has its home office in this
				state and is making use of the terminal.
(c) Any other bank which is qualified to do
				business in this state and has obtained the written approval of a bank that has
				its home office in this state and is making use of the terminal.
(d) Any other credit union which is qualified
				to do business in this state and has obtained the written consent of a credit
				union that has its home office in this state and is making use of the
				terminal.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 14 - Customer Bank Communications Terminal Joint Rules › Section DFI-Bkg 14.05 - Discriminatory rates or services prohibited

Current through June 24, 2024
A customer bank communications terminal will not be deemed
				  available for use on a nondiscriminatory basis unless:
(1) USER FEES. The fees charged to a
				financial institution for the use of the terminal by the institution or its
				customers are equitably apportioned and reasonably reflect the cost of the
				services actually provided to the institution or customer. Such fees may
				provide for the amortization of development costs and capital expenditures over
				a reasonable period of time.
(2)
				CUSTOMER SERVICES. Each financial institution making use of the terminal may
				permit its customers to make use of all of the functions performed by the
				terminal at each location of the terminal or only those functions and locations
				that such institution elects to make available to its customers.
(3) TECHNICAL INFORMATION AND SPECIFICATIONS.
				Each supplier provides at reasonable cost such technical information and
				specifications as may be necessary to enable a financial institution that is
				eligible to use the terminal, or any data processor serving the accounts of
				such an institution, to obtain interface with the terminal.
(4) OTHER REQUIREMENTS. No financial
				institution eligible to use the terminal is required to purchase from any
				supplier any goods, equipment or services not reasonably necessary to complete
				a transaction through the terminal.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 14 - Customer Bank Communications Terminal Joint Rules › Section DFI-Bkg 14.06 - Confidentiality and security requirements

Current through June 24, 2024
No bank may directly or indirectly acquire, place, or
				  operate a customer bank communications terminal, and no bank may participate in
				  the acquisition, placement, or operation of a customer bank communications
				  terminal, unless the bank has implemented precautions, in a manner acceptable
				  to the administrator, to address all of the following:
(1) Preventing unauthorized access to, or use
				of, the terminal.
(2) Preventing
				information regarding a transaction conducted through the terminal from being
				disclosed to any person other than any of the following:
(a) The customer making the
				transaction.
(b) Any other person
				who is a party to the transaction or is necessary to effect the transaction,
				but only to the extent that the information disclosed is necessary to effect
				the transaction.
(c) Those persons
				lawfully authorized to have access to the records of the bank or of parties to
				the transaction.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 14 - Customer Bank Communications Terminal Joint Rules › Section DFI-Bkg 14.07 - Allocation of liability

Current through June 24, 2024
(1) BETWEEN BANK AND THIRD PARTIES. Each
				activity authorized under s.
				221.0303, Stats., shall be
				conducted in accordance with a written agreement between the bank and any
				participating merchant, service center, data processor or other third party,
				setting out the manner in which liability from errors, malfunctions or the
				unauthorized use of a customer bank communications terminal will be allocated
				between the parties.
(2) LIMITED
				CUSTOMER LIABILITY FOR UNAUTHORIZED USE.
(a)
				The liability of a customer of a bank for the unauthorized use of a plastic
				card or other access device to a customer bank communications terminal shall be
				determined as follows:
3. If the customer
				notifies the bank within 2 business days after learning of the unauthorized use
				or of loss or theft of the plastic card or other access device, the customer's
				liability may not exceed the lesser of $50 or the amount of unauthorized
				transfers that occur before notice to the bank.
4. If the customer fails to notify the bank
				within 2 business days after learning of the unauthorized use or of loss or
				theft of the plastic card or other access device, the customer's liability may
				not exceed the lesser of $500 or the sum of all of the following:
a. $50 or the amount of unauthorized
				transfers that occur within the 2 business days, whichever is less.
b. The amount of unauthorized transfers that
				occur after the close of 2 business days and before notice to the bank, if the
				bank establishes that these transfers would not have occurred had the customer
				notified the bank within that 2-day period.