A bank may, on its own behalf or through a designated subsidiary, acquire and lease to others, personal property with the approval of the director or in accordance with rules adopted by the commission, upon the following terms and conditions:

(1) The original lease shall be in writing and shall be entered into prior to the acquisition of the property to be leased; and

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Terms Used In South Dakota Codified Laws 51A-4-23

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

(2) The terms of such lease shall require payment to the bank or subsidiary of rentals during the minimum period of the lease which in the aggregate will exceed the total expenditures by the bank for or in connection with the acquisition, ownership, and protection of the property, less residual value of the property.

Source: SL 1969, ch 11, § 4.18; SL 1970, ch 265, § 31; SL 1988, ch 377, § 95; SDCL, § 51-18-19.