Senate Bill 2388c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                           CS for SB 2388

    By the Committee on Banking and Insurance; and Senator King





    311-1859-00

  1                      A bill to be entitled

  2         An act relating to banking; amending s. 658.12,

  3         F.S.; amending s. 658.165, F.S., relating to

  4         banker's banks; specifying criteria under which

  5         such a bank may provide services to a financial

  6         institution in organization or to a proposed

  7         financial institution; amending s. 658.34,

  8         F.S.; providing conditions for certain stock

  9         dividends issued by a bank or trust company;

10         clarifying the term "banker's bank"; providing

11         legislative intent specifying certain deposits

12         as pay-on-death-designated accounts under

13         certain circumstances; repealing s. 655.81,

14         F.S., relating to deposits in trust; providing

15         application; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Subsection (3) of section 658.12, Florida

20  Statutes, is amended to read:

21         658.12  Definitions.--Subject to other definitions

22  contained in the financial institutions codes and unless the

23  context otherwise requires:

24         (3)  "Banker's bank" means a bank insured by the

25  Federal Deposit Insurance Corporation, or a holding company

26  which owns or controls such an insured bank, when the stock of

27  such bank or holding company is owned exclusively by other

28  banks and such bank or holding company and all subsidiaries

29  thereof are engaged exclusively in providing services for

30  other financial depository institutions and their officers,

31  directors, and employees.

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    Florida Senate - 2000                           CS for SB 2388
    311-1859-00




  1         Section 2.  Section 658.165, Florida Statutes, is

  2  amended to read:

  3         658.165  Banker's banks; formation; applicability of

  4  financial institutions codes; exceptions.--

  5         (1)  When authorized by the department, a corporation

  6  may be formed under the laws of this state for the purpose of

  7  becoming a banker's bank.  An application for authority to

  8  organize a banker's bank is subject to the provisions of ss.

  9  658.19, 658.20, and 658.21, except that the provisions of ss.

10  658.20(1)(b) and (c) and 658.21(2) do not apply.

11         (2)  A banker's bank chartered pursuant to subsection

12  (1) shall be subject to the provisions of the financial

13  institutions codes and rules adopted thereunder; and, except

14  as otherwise specifically provided herein or by rule or order

15  of the department, a banker's bank shall be vested with or

16  subject to the same rights, privileges, duties, restrictions,

17  penalties, liabilities, conditions, and limitations that would

18  apply to a state bank.

19         (3)  Notwithstanding any other provision of this

20  chapter, a banker's bank may repurchase, for its own account,

21  shares of its own capital stock; however, the outstanding

22  capital stock may not be reduced below the minimum required by

23  this chapter without the prior approval of the department.

24         (4)  A banker's bank may provide services at the

25  request of a financial institution in organization that has:

26         (a)  Received conditional regulatory approval from the

27  department, in the case of a state bank, or received

28  preliminary approval from the Office of the Comptroller of the

29  Currency, in the case of a national bank;

30         (b)  Filed articles of incorporation under s. 658.23,

31  in the case of a state bank, or filed acceptable articles of

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    Florida Senate - 2000                           CS for SB 2388
    311-1859-00




  1  incorporation and an organization certificate, in the case of

  2  a national bank; and

  3         (c)  Received capital funds in an amount not less than

  4  the minimum capitalization required in any notice of or order

  5  granting conditional regulatory approval.

  6         (5)  A banker's bank may provide services to the

  7  organizers of a proposed financial institution that has not

  8  received conditional regulatory approval if such services are

  9  limited to the financing of the expenses of organizing such

10  financial institution and expenses relating to the acquisition

11  or construction of the institution's proposed operating

12  facilities and associated fixtures and equipment.

13         (6)(4)  If the department finds that any provision of

14  this chapter is inconsistent with the purpose for which a

15  banker's bank is organized and that the welfare of the public

16  or any financial institution would not be jeopardized thereby,

17  it may by rule or order exempt a banker's bank from such

18  provision or limit the application thereof.

19         Section 3.  Subsection (4) of section 658.34, Florida

20  Statutes, is amended to read:

21         658.34  Shares of capital stock.--

22         (4)  With the approval of the department, a bank or

23  trust company may issue less than all the number of shares of

24  any of its capital stock authorized by its articles of

25  incorporation. Such authorized but unissued shares may be

26  issued only for the following purposes:

27         (a)  To provide for stock options as provided in s.

28  658.35.

29         (b)  To declare or pay a stock dividend; however, any

30  such stock dividend must comply with this section and s.

31  658.37, with the approval of the department.

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    Florida Senate - 2000                           CS for SB 2388
    311-1859-00




  1         (c)  To increase the capital of the bank or trust

  2  company, with the approval of the department.

  3         Section 4.  (1)  Because deposits in trust are also

  4  accounts with a pay-on-death designation as described in

  5  section 655.82, Florida Statutes, it is the intent of the

  6  Legislature that the provisions of section 655.82, Florida

  7  Statutes, shall apply to and govern deposits in trust.

  8  References to section 655.81, Florida Statutes, in any

  9  depository agreement shall be interpreted after the effective

10  date of this act as references to section 655.82, Florida

11  Statutes.

12         (2)  This section shall take effect July 1, 2000, and

13  shall apply to deposits made to a depository account after

14  December 31, 1994.

15         Section 5.  Effective July 1, 2000, section 655.81,

16  Florida Statutes, is repealed.

17         Section 6.  Except as otherwise provided in this act,

18  this act shall take effect upon becoming a law.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 2388

22

23  The committee substitute makes the following changes:

24  -     Authorizes a bank or trust company to pay a stock
          dividend, without the Department of Banking and
25        Finance's approval, if the bank or trust company
          complies with the provisions of s. 658.37, F.S.
26
    -     Amends the regulatory provisions relating to banker's
27        banks to authorize a bankers' bank to provide additional
          services to, and on behalf of, a financial institution,
28        1) that has filed articles of incorporation or 2) has
          received capital funds in an amount not less than the
29        minimum capitalization requirements.

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