Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-2 - Definitions

Current through July 13, 2024
(a) When used in these Regulations, the
				following terms have the indicated meanings:
(i) "Adult" is defined in
				W.S.
				8-1-102(a)(i).
(ii) "Application" means the completed
				application prescribed in Section
				11,
				including all exhibits and other materials attached to or otherwise filed
				simultaneously with the application form, together with all other information
				required by the Commissioner under Section 12.
(iii) "Bank" means a corporation organized
				pursuant to W.S. W.S.
				W.S.
				13-2-201.
(iv) "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.
(v) "Board" means the State Banking Board
				created under W.S. W.S.
				W.S.
				13-1-604.
(vi) "Board Regulations" means the Rules and
				Regulations of the Board, as amended from time to time.
(vii) To "certify" means to represent and
				warrant, under penalties of perjury, that the certified matters are true,
				accurate and correct and are not misleading in any material way.
(viii) "Chairman" means the Chairman of the
				Board.
(ix) "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.
(x) "Controlling
				interest" is defined in
				12
				U.S.C. 1841(a)(2).
(xi) "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.
(xii) "Depository institution" has the
				meaning given such term in
				12
				U.S.C. 1813(c)(1).
(xiii) "Determination Date" means the date on
				which the Commissioner informs a bank that he has determined that its proposed
				relocation may be desirable or a trust company that he has determined that any
				ground for suspending or revoking a trust companys charter set forth in W.S.
				W.S. W.S.
				13-5-111 might exist.
(xiv) "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).
(xv) "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 and/or
				the Commissioner. In the event that the Attorney General designates separate
				counsel for the Commissioner and for the Board, then "division counsel" refers
				only to the counsel designated for the Commissioner.
(xvi) "Enforcement article" means Article 2
				of Chapter 10 of the Banking Statutes.
(xvii) "Examination" includes
				investigation.
(xviii) Executive
				officer is defined in W.S. W.S.
				W.S.
				13-1-101.
(xix) "Financial institution" is defined in
				W.S. W.S.
				13-1-101, and for purposes of these rules
				shall include an interim bank.
(xx)
				"FDIC" means the Federal Deposit Insurance Corporation.
(xxi) "FRB" means the Board of Governors of
				the Federal Reserve System.
(xxii)
				"Hearing" means the public hearing held by the Commissioner on an application
				under Chapter 12 or on a suspension or revocation under Chapter 13.
(xxiii) "Holding company" means a corporation
				or individual that owns a 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".
(xxiv) "Home county" means
(A)in the case of an individual officer or
				director of a financial institution or in the case of an individual that is a
				holding company, the county in Wyoming in which the financial institution with
				which he is affiliated has its principal place of business,
(B)in the case of a financial institution, 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 Wyoming 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.
(xxv) "Individual" means an adult.
(xxvi) 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. 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. 13-4-108.
(xxvii) "Legal holiday" is defined
				in W.S. W.S.
				W.S.
				13-1-101 and includes Saturdays. For purposes
				of a date on or by which an 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.
(xxviii) "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).
(xxix) "OCC" means the Office of the
				Comptroller of the Currency, an agency of the U.S. Department of the
				Treasury.
(xxx) "Out-of-state bank"
				means a depository institution organized or formed under the laws of a state
				other than Wyoming and having its principal place of business in a state other
				than Wyoming.
(xxxi) "Party" is
				defined in W.S. W.S.
				W.S.
				16-3-101(b)(vi).
(xxxii) The term "person", as used in these
				Regulations, is defined in W.S. W.S.
				W.S.
				8-1-102. "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 Chapter 11 Section
				2.
(xxxiii) "Personal or private
				interest" is defined in W.S. W.S.
				W.S.
				9-13-106(a).
(xxxiv) "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.
(xxxv) "Qualified foreign attorney" means a
				person
(A) 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 ),
(B) who has associated with a Wyoming
				attorney for purposes of representing a client before the Board, and
(C) who is accompanied by the associated
				Wyoming attorney in, at and throughout all proceedings, whether formal or
				informal, before the Commissioner.
(xxxvi) "Regulations" means these Rules and
				Regulations of the Commissioner.
(xxxvii) "Relocation" means a change in a
				banks place of business from one location within Wyoming to any municipality
				within Wyoming pursuant to W.S. W.S.
				W.S.
				13-4-101.
(xxxviii) "Remote electronic terminal" is
				defined in W.S. W.S.
				W.S.
				13-1-501(a)(v).
(xxxix) "Savings" and loan association" means
				a corporation organized pursuant to W.S. W.S.
				W.S.
				13-6-101 and
				13-6-102.
(xl) "Secretary" means the employee of the
				Division designated by resolution of the Board pursuant to Section
				6(a) of Chapter 1 of the
				Board Regulations.
(xli) "Trust
				company" means a corporation organized pursuant to W.S. W.S.
				W.S.
				13-5-101.
(xlii) "Wyoming Administrative Procedure Act"
				means as defined by W.S. W.S.
				W.S.
				16-3-101.
(xliii) "Wyoming Administrative Regulation
				Review Act" means as defined by W.S. W.S.
				W.S.
				28-9-101.
(xliv) "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 of the Wyoming State
				Bar.
(xlv)" Wyoming Insurance Code"
				means title 26 of the Wyoming Statutes.
(xlvi) "Wyoming Public Records Act" means as
				defined by W.S. W.S.
				W.S.
				16-4-201.