West Virginia Code 31A-8D-4 – Interstate merger transactions and branching involving out-of-state banks permitted
(a) Beginning on May 31, 1997, one or more West Virginia banks may enter into an interstate merger transaction with one or more out-of-state banks under this article, and an out-of-state bank resulting from such transaction may maintain and operate the branches and offices in West Virginia of a West Virginia bank that participated in such transaction: Provided, That the conditions and filing requirements of this article are met.
Terms Used In West Virginia Code 31A-8D-4
- Bank: has the meaning set forth in 12 U. See West Virginia Code 31A-8D-2
- Commissioner: means the West Virginia commissioner of banking then in office and, where appropriate, all of his or her successors and predecessors in office. See West Virginia Code 31A-8D-2
- Control: shall be construed consistently with the provisions of 12 U. See West Virginia Code 31A-8D-2
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Insured depository institution: has the meaning set forth in 12 U. See West Virginia Code 31A-8D-2
- Interstate merger transaction: means :
(1) The merger or consolidation of banks with different home states, and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank. See West Virginia Code 31A-8D-2
- Out-of-state bank: means a bank whose home state is a state other than West Virginia. See West Virginia Code 31A-8D-2
- Out-of-state state bank: means a bank chartered under the laws of any state other than West Virginia. See West Virginia Code 31A-8D-2
- Resulting bank: means a bank that has resulted from an interstate merger transaction under this article. See West Virginia Code 31A-8D-2
- State: means any state of the United States, the District of Columbia, any territory of the United States, Puerto . See West Virginia Code 31A-8D-2
- West Virginia bank: means a bank whose home state is West Virginia. See West Virginia Code 31A-8D-2
- West Virginia state bank: means a bank chartered under the laws of West Virginia. See West Virginia Code 31A-8D-2
(b) A merger transaction shall not be permitted under this article if, upon consummation of such transaction, the resulting bank (including all insured depository institution affiliates of the resulting bank) would assume sufficient additional deposits to cause it to control deposits in this state in excess of that allowed by section twelve-a, article two of this chapter: Provided, That the commissioner may by rule adopt a procedure whereby said acquisition deposit limitation as set forth in this code may be waived for good cause shown. The commissioner shall calculate the acquisition deposit limitation based upon the most recently available reports containing such deposit information filed with state or federal authorities.
(c) A merger transaction resulting in the acquisition by an out-of-state bank of a West Virginia state bank, or all or substantially all of the branches of a West Virginia state bank, or resulting in the acquisition by an out-of-state state bank of a West Virginia bank or the change of control over a branch operating in West Virginia, shall not be permitted under this article unless: (i) The out-of-state bank confirms in writing to the commissioner that as long as it maintains a branch in West Virginia, it will comply with all applicable laws of this state, including consumer protection laws; (ii) deposits of the resulting bank in this state are insured in conformity with the provisions of section six, article one of this chapter; and (iii) the resulting bank, if state chartered, meets the capital requirements set forth in section three, article four of this chapter.