|
Banking, Finance & Securities
SB 1341(1)
(Monson/Nance): Increases the percentage of assets of a credit union
which may be held in real estate, buildings, fixtures, equipment, furniture
and furnishings from 5% to 7% and provides that interest income will
not be considered valuable consideration for negotiation services. Effective
4-14-00.
SB 1344(1)
(Monson/Weaver): Allows credit unions, as well as banks, to enter into
deposit accounts with minors. The same terms, conditions and provisions
applicable to banks are extended to credit unions with respect to such
accounts. Powers of the State Credit Union Board are modified to include
the powers to regulate its own procedures and practice, define terms,
and charge certain application and processing fees. Categories for credit
union membership are limited to groups with a common bond of occupation
or association, persons or organizations within a well-defined community,
neighborhood or rural district or groups which have, as to each individual
group, a common bond or occupation or association but need not have
the same bond as other groups within the credit union. Certain requirements
relating to examinations by and reports to the Board are modified. Requires
that the Credit Union Administrator's annual financial report be published
in the State Banking Commissioner's annual report. Effective 4-14-00.
SB 1448(1)
(Smith/Braddock): Increases the amount of fees that may be charged for
returned checks by certain sellers and lenders under the Consumer Credit
Code, from $10 to the amount that the Tax Commission or a motor license
agent may charge under Section 1121 of Title 47 (currently $25). Effective
11-1-00.
SB 1481(1)
(Henry/Bryant): Contains the following provisions relating to consumer
credit and mortgages:
- Modifies accounts for which delinquency
charges may be contracted;
- Authorizes certain amounts to be adjusted;
- Requires that certain minimum fee be
contracted for and deletes authority to contract for certain charges
on certain revolving accounts;
- Modifies advertisement requirements
for a consumer lease and sets forth advertising requirements for radio
broadcasts;
- Modifies additional charges which a
lender may contract for and receive and permits lender to contract
for and receive certain charges;
- Deletes certain limitation on amount
of delinquency charges, over-limit charges, and return-item charges;
- Sets forth information deemed to be
accurate for purposes of certain disclosure and treatment of the disclosure
of finance charge and other disclosures affected by any finance charge;
- Requires lender to give debtor information
regarding certain payments involving variable interest rate residential
mortgages;
- Exempts reverse mortgage transactions
from certain index or rate of interest;
- Requires disclosures by creditor on
certain mortgages and requires such disclosures to be given within
certain time frame;
- Prohibits certain terms regarding the
payment of a prepayment penalty, requires certain computation to be
considered a prepayment penalty under certain circumstances, and permits
certain prepayment penalty for certain mortgages under certain circum
stances;
- Prohibits certain mortgages from providing
for interest rate after default and from including certain terms;
- Prohibits creditors from engaging in
certain credit practices or making certain payments and providing
exceptions;
- Modifies duties and powers of the Administrator
of the Department of Consumer Credit;
- Requires creditor to disclose estimate
of reverse mortgage costs;
- Allows Administrator to initiate administrative
action against unlicensed persons and to conduct certain criminal
history checks;
- Modifies time period to grant or deny
application for license to make supervised loans;
- Modifies findings for which action may
be taken against licensee and requires licensee to notify Administrator
of certain convictions or pleas;
- Authorizes Administrator to bill the
licensee for certain fees and late charges;
- Modifies various fees and charges and
specifies late fee for annual report received after certain date;
- Deletes requirements that rules refer
to certain part or section and be a public record and that certain
rules become effective after certain time period;
- Assesses administrative service fee
for returned checks;
- Specifies liability limits and other
compliance requirements for certain open-ended credit plan;
- States that certain obligor shall have
no rescission rights under certain circumstances and permits certain
right of rescission for obligor under certain circumstances;
- Prohibits liability of creditor or assignee
under certain closed-end consumer credit transactions and extends
rescission rights of consumer with respect to certain circumstances;
- Modifies statutory references subject
to rules on limits on additional charges and deletes reference to
certain credit card lenders;
- Provides for certain hearings and judicial
review of such hearings; and
- Modifies person required to pay real
estate mortgage tax.
Effective 7-1-00.
HB 1469(1)
(Adair/Littlefield): Provides that subchapter S corporations are not
subject to the tax levied in Section 2370 of Title 68 of the Oklahoma
Statutes for tax years beginning after 12-31-96 and specifies the basis
for taxation for state or national banking associations which are subchapter
S corporations. Effective 3-14-00.
HB 2427(1)
(Braddock/Capps): Adds master conservancy districts established pursuant
to the Conservancy Act of Oklahoma to those entities to which a bank
may pledge its assets. Includes the master conservancy district within
the definition of "political subdivision" for purposes of
the Governmental Tort Claims Act. Provides for relief for injuries sustained
by any person or public corporation due to an act performed by any official
or agent of a master conservancy district, and subjects the remedy to
the provisions of the Governmental Tort Claims Act. Effective 4-14-00.
HB 2675(1)
(Weaver/Fisher): Revises the Oklahoma Savings and Loan Code to include
the following provisions:
- Terminology used in the Code is updated
to include definitions of "branch" and "consumer banking
electronic facility", among other terms, and to delete
obsolete definitions;
- Certain records of the State Banking
Department are made public, including applications for association
charters and branches, certain records introduced at public hearings,
information disclosing failure of certain associations and branches,
reports of certain completed investigations, names of stockholders
and officers and regular financial call reports. All other Department
records are held confidential, but may be divulged under certain circumstances;
- The State Banking Commissioner is required
to examine all associations at least every 18 months and semiannual
reports are required;
- Documents may be retained in electronic
formats;
- The Commissioner is given the power
to issue certain orders to associations, holding companies, or other
persons after notice and opportunity for a hearing and to enter into
certain agreements with supervisory or regulatory agencies. The Commissioner
may also require increased capital if an association is to be uninsured;
- Assessments and fees in amounts as set
by the Commissioner (subject to certain limits) are required to be
collected annually;
- Savings associations may be operated
under trade names;
- Prior restrictions on branches and detached
facilities are removed, and the deposit cap is increased from 11%
to 15% to correspond with the bank deposit cap;
- Associations may establish operations
centers and loan production offices, and may act as agents for affiliated
banks and associations;
- The General Corporation Act may apply
to savings associations on matters on which the Code is silent;
- Several sections of law are amended
to correspond with revised provisions in the Banking Code;
- Associations are permitted to open joint
accounts and certain other accounts, and may transfer funds to heirs
upon receipt of an authorizing affidavit. Associations are required
to pay conversion application fees and must apply to the FDIC to be
insured. Associations are given parity with banks regarding types
of authorized deposit accounts and may purchase their own stock as
treasury stock;
- Certain requirements are specified for
banks that convert to savings associations, for savings associations
that convert to banks, and for mutual associations that convert to
stock associations;
- The Department is authorized to receive
into and pay fees from its revolving account for the purpose of examining
association offices in other states or foreign association offices
in Oklahoma;
- Certain procedures for liquidation of
associations are modified; and
- Prohibited acts, penalties, and enforcement
and appeal procedures are modified to conform with similar provisions
in the Banking Code.
Effective 11-1-00
HB 2676(1)
(Weaver/Fisher): Contains the following provisions relating to banks
and trust companies:
- Includes trust companies in certain
interpretive statements and opinions;
- Modifies the setting of certain bond,
obligates certain persons to request bond amount, and prohibits such
request from postponing or extending certain time period;
- Permits prevailing party in certain
orders from the Banking Board or the State Banking Commissioner to
make certain application;
- Permits Oklahoma State Banking Department
to retain and preserve records electronically in lieu of retaining
original records or copies and states that electronically stored documents
shall have same force and effect as originals;
- Requires supervisory agencies to make
available certain data, provides for the sharing of certain information
between agencies, requires information to be confidential, provides
for requests for inspection of such information, and states that supervisory
agency is not required to share original documents;
- Modifies time period certain examinations
and reports must be preserved;
- Modifies provisions for certain fees
and assessments levied by Oklahoma State Banking Department;
- Modifies provisions relating to the
Oklahoma State Banking Department Revolving Fund and the Bank Examination
Revolving Fund;
- Permits revolving fund to include certain
amounts received by the Oklahoma State Banking Department;
- Modifies persons eligible to organize
a bank or trust company;
- Increases amount of capital necessary
to obtain a state charter or for consideration of application to exercise
trust powers;
- Grants certain powers to operating or
financial subsidiaries of banks;
- Permits state banks to purchase real
estate for certain purposes after certain approval and provides exception
to prohibition against holding real estate;
- Requires detached facilities to be on
certain property and deletes certain restrictions on detached facilities;
- Deletes certain branch banking restrictions
and procedures relating to the application and establishment of branch
banks, modifies requirements relating to banks' locations and mobile
facilities on the campus of an institution of higher education, deletes
certain procedures for banks to acquire other banks, deletes prohibition
against banks' from being acquired until in existence for a certain
time period;
- Permits out-of-state banks to establish
de novo branches under certain circumstances;
- Sets forth procedures, standards and
requirements relating to branch banking;
- Allows banks to opt-out certain detached
facilities and sets forth procedure therefor;
- Authorizes banks and savings associations
to operate on the campuses of institutions of higher education;
- Permits board members to participate
in board meetings by electronic means and authorizes board meeting
minutes to be transmitted electronically;
- Modifies requirements relating to annual
license fees, renewals, license certificates and examinations pursuant
to the Sale of Checks Act;
- Modifies provisions relating to Perpetual
Care Fund annual report and examination of books and records and requires
payment of certain annual fee;
- Allows Attorney General to initiate
certain action to recover certain monies and to seek certain injunction;
- Increases amount of fees for permit
and annual reports for cemetery merchandise trust and modifies date
of permit expiration;
- Modifies various provisions relating
to licensure as insurance agency; and
- Makes various changes to the Oklahoma
Securities Act.
Effective 5-17-00.
|