Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0001 - Banking Board › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Definitions

Current through July 13, 2024
(a) Unless the context clearly indicates
				otherwise, this Section applies to all Chapters of these Regulations. If a term
				is defined in this Chapter and in another Chapter, the meaning given such term
				in the other Chapter shall control over the meaning given in this Chapter in
				the manner and to the extent provided in such other Chapter.
(b) Excluding any terms that are otherwise
				defined in this or any other Chapter, the definitions set forth in
				W.S.
				16-3-101, are incorporated into this Chapter
				by this reference.
(c) Because the
				several chapters of the Banking Statutes contain differing definitions of the
				same terms, this Chapter intentionally does not wholly incorporate by reference
				the definitions found in the Banking Statutes.
(d) When used in these Regulations, the
				following terms have the indicated meanings:
(i) "Bank" means a corporation organized
				pursuant to W.S. W.S.
				W.S.
				13-2-201.
(ii) "Banking Regulations" means the Rules
				and Regulations of the Commissioner.
(iii) "Banking Statutes" means title 13 of
				the Wyoming Statutes. Use of such term is not intended to imply that such
				statutes are solely related to the topic of banking and is intended only as a
				abbreviated method of referring to all of such statutes as a unit.
(iv) "Board" means the State Banking Board
				created under W.S. W.S.
				W.S.
				13-1-604.
(v) "Chairman" means the Chairman of the
				Board.
(vi) "Commissioner" means
				the State Banking Commissioner appointed pursuant to W.S. W.S.
				W.S.
				13-1-601 and serving as the administrator of
				the Division.
(vii) "Controlling
				interest" is defined in W.S.
				W.S.
				13-9-202.
(viii) "Department" means the Department of
				Audit created under W.S. W.S.
				W.S.
				9-2-2003(a), which is one of
				the principal administrative operating units of the state government.
(ix) "Depository institution" has the meaning
				given such term in Section 1813(c)(1) of title 12 of the United States
				Code.
(x) "Division" means the
				Division of Banking, which is an agency and a principal operating unit of the
				Department pursuant to W.S. W.S.
				W.S.
				9-2-2003(d).
(xi) "Division counsel" means the person or
				persons, if any, assigned or otherwise designated by the Attorney General to
				provide legal advice, counsel and/or representation to or for the Board, the
				Commissioner and/or the Division.
(xii) "Examination" includes
				investigation.
(xiii)"Executive
				officer" is defined in W.S. W.S.
				W.S.
				13-1-101.
(xiv) "Financial entity" means a bank, an
				interim bank, a trust company or a savings and loan association.
(xv) "FDIC" means the Federal Deposit
				Insurance Corporation.
(xvi) "FRB"
				means the Board of Governors of the Federal Reserve System.
(xvii) "Holding company" means a corporation
				or individual that owns the controlling interest of a bank and is subject to
				examination under article 2 of chapter 9 of the Banking Statutes. A holding
				company is also commonly referred to as a bank holding company.
(xviii) "Home county" means
(A) in the case of an individual officer or
				director of a financial entity or an individual that is a holding company, the
				county in Wyoming in which the financial entity with which he is affiliated has
				its principal place of business,
(B) in the case of a financial entity, a
				non-individual that is a holding company or a proposed institution, the county
				in Wyoming in which it has or will have its principal place of business or
(C) in the case of any other
				non-individual person, the county in which it has its principal place of
				business. If a person does not have a home county, its home county shall be
				Laramie County.
(xix)"Individual" means a natural
				person.
(xx) "Interim bank" means a
				bank that (A) does not operate independently, (B) does not conduct banking
				business, (C) is organized pursuant to W.S. W.S.
				W.S.
				13-2-212 and (D) exists only to serve as a
				vehicle to facilitate a merger and change of ownership of an existing bank in
				accordance with W.S. W.S.
				W.S.
				13-4-108.
(xxi) "Legal holiday" is defined in W.S. W.S.
				W.S.
				13-1-101 and includes Saturdays. Such
				definition expressly includes Sundays and indirectly includes Saturdays, on
				which day of the week federal reserve banks are not open for business. For
				purposes of a date on or by which a item must have been filed with, served upon
				or otherwise delivered to the Commissioner or the Board, the term legal holiday
				also includes a day on which weather or other unavoidable conditions have made
				the offices of the Division inaccessible.
(xxii) "Newspaper of general circulation"
				means a newspaper that is normally published at least weekly and is otherwise
				described in W.S. W.S.
				W.S.
				18-3-519(a).
(xxiii) "OCC" means the Office of the
				Comptroller of the Currency, an agency of the U.S. Department of the
				Treasury.
(xxiv) "Party" is defined
				in of Chapter 2.
(xxv) "Person"
				,"adult person" and "natural person", as used respectively in W.S. W.S.
				W.S.
				13-5-102,
				13-2-201 and
				13-6-102(a), and
				in other related Sections, have the same meaning as given to the term
				"incorporator" in of Chapter 2, and such terms do not have the meaning given to
				the term "person" in W.S. W.S.
				W.S.
				16-3-101(b)(vii). The term
				"person", as used in these Regulations, is defined in W.S. W.S.
				W.S.
				8-1-102.
(xxvi) "Personal or private interest" is
				defined in W.S. W.S.
				W.S.
				9-13-106(a).
(xxvii) "Protected material" means any
				document, matter or other information that is privileged or confidential or is
				otherwise not required, in the applicable circumstances, to be made available
				for public inspection under the Wyoming Public Records Act, including trade
				secrets and personal financial information.
(xxviii) "Qualified foreign attorney" means a
				person (i) who has been admitted to practice before the highest court of any
				state (as defined in W.S. W.S.
				W.S.
				13-2-802 ), (ii) who has associated with a
				Wyoming attorney for purposes of representing a client before the Board, and
				(iii) who is accompanied by his associated Wyoming attorney in, at and
				throughout all proceedings, whether formal or informal, before the
				Board.
(xxix) "Regulations" means
				these Rules and Regulations of the Board.
(xxx) "Savings and loan association" means a
				corporation organized pursuant to W.S. W.S.
				W.S.
				13-6-101 and
				13-6-102.
(xxxi) "Secretary" means the employee of the
				Division designated by resolu- tion of the Board pursuant to Section
				6(a).
(xxxii) "Special mail" means certified mail
				delivered by the U.S. Postal Ser- vice, with return receipt request, postage
				prepaid.
(xxxiii) "Trust company"
				means a corporation organized pursuant to W.S. 13-5- 101.
(xxxiv) "Wyoming Administrative Procedure Act
				" means W.S. W.S.
				W.S.
				16-3-101 through
				16-3-115.
(xxxv) "Wyoming Administrative Regulation
				Review Act"means W.S. 28-9- 101 through
				
											28-9-108.
(xxxvi) "Wyoming attorney" means a person who
				has been admitted to practice as an attorney and counselor at law in all courts
				of the State of Wyoming and who is an active member in good standing of the
				Wyoming State Bar.
(xxxvii)
				"Wyoming Public Records Act "means W.S. W.S.
				W.S.
				16-4-201 through
				16-4-205.