2.59.1102 REVIEW PROCEDURE FOR APPLICATIONS FOR APPROVAL TO ESTABLISH A NEW BRANCH BANK
(1) The division shall process applications for new branch banks in the order in which they are received. If an application is incomplete, the division shall notify the applicant by e-mail. An application will not be considered to have been received until it is in a complete form. An application is complete when all information required by the application form has been submitted and received. The division may request additional information from an applicant even if the application is considered complete.
(2) Factors that will be considered when determining whether to approve an application to establish a new branch bank include, but are not limited to, the following:
(a) the financial history and condition of the applicant;
(b) the capital levels and capital structure of the applicant;
(c) the quality, financial and banking experience and depth of management of the applicant and the proposed branch bank;
(d) the convenience and needs of the community to be served at the proposed location of the new branch bank as evidenced by a brief statement provided by the applicant;
(e) earnings prospects of the applicant after establishing the new branch bank; and
(f) any other factors the division considers that could adversely affect the safety and soundness of the applicant or the viability of the new branch bank.
(3) For applications that do not require a public hearing, the Division of Banking and Financial Institutions shall issue its order approving or denying the application within 45 days after:
(a) the date of the last publication of the notice of intent to establish a new branch bank; or
(b) the date on which a complete application is received, whichever is later;
(c) the 45-day deadline may be extended by the division when review of the complete application raises questions or concerns that require additional information from the applicant or any other entity or person. Once the additional information is received by the division, the 45-day deadline may be extended by no further than 14 calendar days.
(4) For applications that require a hearing, as provided for by 32-1-202(3) and 32-1-204(2), MCA, a final decision to approve or deny the application will be issued by the state banking board at a time after the completion of the hearing.
(5) When the Division of Banking and Financial Institutions or board approves an application to establish a new branch bank, it will provide written notification to the applicant and the appropriate federal regulatory agency(s). The notification will include any conditions subject to the approval. Summary notification of the decision will be mailed to all persons or entities that have submitted written comment to the application.
(6) When the Division of Banking and Financial Institutions denies an application to establish a new branch bank it will provide written notification to the applicant, the appropriate federal regulator(s) and all persons or entities that have submitted written comment to the application. The written notification to the applicant will include the reasons for the denial.
(7) If a hearing is requested on an application, the time for the filing of a request for a hearing must occur within 14 calendar days following the division's decision.
History: 32-1-372, MCA; IMP, 32-1-372, MCA; NEW, 1997 MAR p. 1454, Eff. 8/19/97; TRANS, 1998 MAR p. 2480, Eff. 9/11/98; TRANS, from Commerce, 2001 MAR p. 1178; AMD, 2016 MAR p. 2326, Eff. 12/10/16.