Banks
Banks
PLEASE COMPLETE THE NATIONAL SURVEY OF COMMUNITY BANKS BY FRIDAY, JULY 31. The survey consists of 44 mostly multiple-choice questions, which should only take around 20 minutes to complete. The purpose of the survey is to provide researchers and policymakers an opportunity to hear directly from you on a range of important topics.
Pursuant to Arizona Administrative Code R20-4-104, the Superintendent has the discretion to accept alternative application forms, but it does not limit the Superintendent’s power to require additional information necessary to complete an application.
As a general rule for banks, and in a Federal/State cooperative effort to cut down on duplicate application submission, a copy of the application submitted to the appropriate federal agency is the acceptable form to submit to AZDFI. For Non- Member banks contact FDIC. For Member banks contact FRB.
Please refer to Arizona Revised Statutes §§6-101 through 6-395 and Arizona Administrative Code R20-4-201 through R20-4-215 for Arizona Law. Please contact your chosen federal regulator for specific questions on federal laws and regulations.
AZDFI is not authorized to give or offer legal advice. If you need help with a legal matter, you may want to consider contacting a private attorney. Inquiries should be directed to Financial Institutions at [email protected]. For more information, see the “Contact Us” tab.
FORMS & FEES
| Description | Fees | Forms |
|
New Bank Organization
|
$1000.00 | |
| For State member banks see: |
$00.00 | |
| To move a banking office to other than an established office of a bank | $1000.00 | |
| To establish a banking branch office | $750.00 | |
|
Application for Consent to Exercise Trust Powers FDIC 6200/09 |
$00.00 | |
|
Name Change fifty dollars. |
$250.00 | |
|
For Out Of State Banks: For banks entering the state under the Dodd's Frank Act please provide AZDFI with, |
$00.00 | |
| To apply for approval for the merger or consolidation of two or more financial institutions, five thousand dollars per institution. | $5000.00 | |
| Interagency Notice of Change in Director of Senior Executive Officer FDIC 3064-0097 |
$00.00 | |
|
For State member banks: Interagency Notice of Change in Director of Senior Executive Officer FDIC 3064-0097 |
||
|
For the following applications see: (https://www.fdic.gov/regulations/laws/forms/applications.html) |
$00.00 |
|
| For member banks see: |
$00.00 | |
| Request for Background Check | $64.95 | |
| Nationwide Cooperative Agreement for uniform interstate application/Notice |
$1000.00 |
LAWS, RULES, SUBSTANTIVE POLICY STATEMENT AND REGULATORY ALERTS
Chapter 2 BANK ORGANIZATION AND REGULATION
Article 1 General Provisions
6-181 Declaration of purposes
6-182 Transition
6-183 Rights, powers and privileges of national banks
6-184 General corporate and banking powers; incidental powers; deposit insurance; federal reserve and home loan bank membership; agency relationship
6-185 Board of directors' meetings; review; report of failure of quorum to meet
6-186 Annual audit and report
6-187 Authority to declare dividends; limitation
6-188 Bonds and insurance; coverage
6-189 Capital obligations; approval; convertibility
6-190 Bank offices; standards and term of approval; closing; automated teller machines
6-191 Foreign banking offices; additional powers; separate accounts; additional offices; definition
6-192 Investments in international and foreign banking and financing corporations; limitation; consent; exceptions
6-193 Bank and holding company subsidiaries; powers
Article 2 Banking Permit
6-201 Authority to engage in banking business; exception
6-202 Existing banks
6-203 Application for banking permit; organizational application; final application
6-204 Issuance of banking permit; trust business; conditional approval; hearing; banker's bank; definitions
6-205 Term of permit; surrender; revocation
Article 3 Merger, Consolidation and Conversion of National and State Banks
6-211 Definitions
6-212 Resulting national bank
6-215 Retention of nonconforming assets; permission; maximum value
6-216 Continuation of business and corporate entity
6-217 Emergency acquisition of in‑state financial institution
Article 4 Accounts
6-231 Deposit accounts
6-232 Powers of attorney; notice of revocation; payment after notice
6-233 Adverse claim to bank deposit; court order required; definitions
6-234 Deposit of minor; school saving plan
6-235 Bank deposits in two or more names; payment to survivor
6-236 Payment of deposits in trust
6-237 Payment of deposit to foreign personal representative
Article 5 Regulation of Conduct of Business
6-241 Banking days; notice; closing
6-242 Preservation of bank records; regulations; disposal
6-243 Acquisition of property to satisfy or protect loans
6-244 Borrowing by bank; treatment as capital
6-245 Pledge of assets; rediscount; exception to requirement of security
6-246 Permitted investments; limitations
Article 6 Reserves
6-271 Reserves against deposits; rule; limitations
6-272 Deposits exempt from reserve requirement
6-273 Form of reserves; limitations
6-275 Computation of reserves
Article 7 Arizona Interstate Bank and Savings and Loan Association Act
6-321 Definitions
6-322 Interstate acquisitions; approval of superintendent; exception
6-324 De novo entry by certain financial institutions
6-325 Failure to act on application as approval
6-326 Denial of application; grounds
6-327 Applicable laws and rules; cooperative agreements; contracting exemption
6-328 Deposit concentration limits
6-329 Deposit production offices
6-330 Rights, powers and privileges of out‑of‑state banks
6-331 Enforcement
Article 9 Loans
6-351 Definitions
6-352 Limitations of obligations to a bank; exceptions; definitions
6-353 Obligations of directors, officers and employees; reports
6-354 Loans on capital stock or capital obligations of a bank
6-355 Change loans
Article 11 Trust Business
6-381 Authority of bank to engage in the trust business
6-382 Powers of bank as fiduciary
6-383 Identification and segregation of fiduciary assets
6-384 Deposit of fiduciary funds
6-385 Substitution of corporate fiduciary
6-386 Investment by fiduciaries; governmental obligations
Article 12 Prohibited Practices; Penalties
6-391 Unauthorized conduct of banking business; false representation
6-394 Prohibited ownership or control of a financial institution and interest in insurer insuring deposits; assets and reserves of insurer
Article 13 Liquidation and Dissolution
6-395 Possession by superintendent and receivership
6-395.01 Powers of superintendent in possession
6-395.02 Federal deposit insurance corporation as receiver
6-395.03 Federal deposit insurance corporation power pending judicial proceedings
6-395.04 Right of subrogation of federal deposit insurance corporation
6-395.05 Effect of receivership proceedings on liens and limitations
6-395.06 Rights, powers and duties of a receiver
6-395.07 Sale of bank assets; authority to borrow monies; injunction; hearing
6-395.08 Rejection of contracts and leases on liquidation
6-395.09 Notice to claimants on liquidation
6-395.10 Disposition of unclaimed property
6-395.11 Priority of claims; interest
6-395.12 Payment of claims and distribution to stockholders on liquidation
6-395.13 Voluntary liquidation and dissolution
6-395.14 Voidable transactions
6-395.15 Notice of taking; effect
Chapter 10 SAFE DEPOSIT AND SAFEKEEPING
Article 1 General Provisions
6-1001 Definitions
6-1002 Legal relationship in use of safe deposit facilities
6-1003 Change of location of repositories
6-1004 Tenancy in two or more names
6-1005 Lease to a minor
6-1006 Adverse claims to repository; definitions
6-1007 Lessee's death or incompetency; revocation of power of attorney
6-1008 Procedure on death of lessee
6-1009 Lessor's lien; default of lessee; or failure to surrender
Chapter 11 FINANCIAL INSTITUTION HOLDING COMPANIES
Article 1 General Provisions
6-1101 Definitions
6-1102 Prohibitions
6-1103 Exempt persons and transactions
6-1104 Acquisition of control; approval by superintendent
6-1105 Application for approval
6-1106 Material change of fact; filing amended statements
6-1107 Denial of application; grounds
6-1108 Failure to act on application as approval
6-1109 Determination of control of one person by another; hearing; notice
6-1110 Appointment of superintendent as agent for service of process; forwarding of process; consent to jurisdiction
6-1112 Acquisition of voting securities in violation of article; limitation on rights as shareholder; injunction
6-1113 Reports; examination; costs
Chapter 15 TAXES ON FINANCIAL INSTITUTIONS
Article 1 General Provisions
6-1501 Method of taxing national banking associations
6-1502 Method of taxing banks, investment companies and savings and loan associations
Chapter 16 FINANCIAL INSTITUTIONS DATA MATCH AND DATA EXCHANGE
Article 1 General Provisions
6-1601 Financial institutions data match and data exchange; surrender of assets of delinquent taxpayer; nonliability
Arizona Administrative Code Title 20
ARTICLE 1. GENERAL
Section
R20-4-101. Scope of Article
R20-4-102. Definitions
R20-4-103. Fingerprints
R20-4-104. Acceptance of Other Forms
R20-4-105. Claims Against a Deposit in Place of Bond
R20-4-106. Bankruptcy
R20-4-107. Licensing Time-frames
Table A. Licensing Time-frames
Section
R20-4-101. Scope of Article
R20-4-102. Definitions
R20-4-103. Fingerprints
R20-4-104. Acceptance of Other Forms
R20-4-105. Claims Against a Deposit in Place of Bond
R20-4-106. Bankruptcy
R20-4-107. Licensing Time-frames
Table A. Licensing Time-frames
TITLE 20, ARTICLE 2. BANK ORGANIZATION AND REGULATION
Section
R20-4-201. Articles of Incorporation
R20-4-202. Bylaws
R20-4-203. Repealed
R20-4-204. Repealed
R20-4-205. Repealed
R20-4-206. Bankers Blanket Bond Coverage -- A.R.S. § 6-188
R20-4-207. Capital Obligations
R20-4-208. Repealed
R20-4-209. Notice of Permanent Closing of Banking Office
R20-4-210. Repealed
R20-4-211. Application for a Banking Permit
R20-4-212. Repealed
R20-4-213. Repealed
R20-4-214. Preservation of Records
R20-4-215. Trust Business
ARTICLE 10. SAFE DEPOSIT AND SAFEKEEPING CODE
Section
R20-4-1001. Notice of Change of Location of Safe Deposit Repository
ARTICLE 11. PUBLIC DEPOSITORIES FOR PUBLIC MONIES
Section
R20-4-1101. Capital structure of banks; defined
R20-4-1102. Capital structure of savings and loan associations; defined
ARTICLE 16. ACQUIRING CONTROL OF FINANCIAL INSTITUTIONS
Section
R20-4-1601. Definitions
R20-4-1602. Application for Approval to Acquire Control of Financial Institution
R20-4-1603. Repealed
R20-4-1604. Repealed
ARTICLE 17. ARIZONA INTERSTATE BANK AND SAVINGS AND LOAN ASSOCIATION ACT
Section
R20-4-1701. Definitions
R20-4-1702. Notice to the Superintendent of Intent to Acquire Control of an In-state Financial Institution; Surrender of an Acquired Financial Institution's Charter
R20-4-1703. Repealed
R20-4-1704. Public Notice
R20-4-1705. Repealed
R20-4-1706. Repealed
R20-4-215. Trust Business
All banks authorized to conduct trust business under their banking permit shall comply with the applicable requirements of R20-4-808 through R20-4-816.
ARTICLE 11. PUBLIC DEPOSITORIES FOR PUBLIC MONIES
Section
R20-4-1101. Capital structure of banks; defined
Substantive Policy Statements
| ARTICLE 2. BANKS | |
| MINIMUM AUDIT PROCEDURES | BA-1 FDIC |
| LEGAL LENDING LIMIT | BA-2 |
| LEGAL LENDING RESTRICTIONS | BA-3 |
| CALCULATING LEGAL LENDING LIMITS | BA-5 |
| LOAN PRODUCTION OFFICE | |
| FINANCIAL ACCOUNTING STANDARD 115 | BA-8 |
Regulatory Alerts - N/A
Examination
The Department utilizes the C.A.M.E.L.S. (Capital Adequacy, Asset Quality, Management Quality, Earnings, Liquidity and Sensitivity to Market Risk) rating system as a primary tool in the regulation of all state-chartered banks. This rating system examination format is used to maintain consistency with our federal counterparts, the Federal Deposit Insurance Corporation, the Federal Reserve Bank and the Comptroller of the Currency.
Proactive supervision and examinations ensure that AZDFI maintains a credible, responsive and sound regulatory environment for all bank depositors within the State of Arizona.
Call Reporting
Please follow the instructions for submitting call reports as instructed by FDIC below and send a copy to the Department via Confidential e-mail submission.
Links:
- FDIC - Consolidated Reports of Condition and Income
- FDIC Regulatory Capital Rules, Frequently asked Questions
- Call Report
ENCRYPTED EMAIL
AZDFI has adopted a new internet-based encryption e-mail system called Virtru. Virtru will to keep your submissions confidential. Click HERE for more information.
