Bill Text: NJ S767 | 2010-2011 | Regular Session | Introduced
Bill Title: Expands parity between certain State-chartered financial institutions, and permits interstate banking by such institutions through de novo branching or expanded authority to acquire existing branches or institutions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Commerce Committee [S767 Detail]
Download: New_Jersey-2010-S767-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Expands parity between certain State-chartered financial institutions, and permits interstate banking by such institutions through de novo branching or expanded authority to acquire existing branches or institutions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning banking, supplementing and amending P.L.1948, c.67 and P.L.1963, c.144, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. An out-of-State bank without a branch office in this State may establish a de novo branch office in this State and shall file with the department a copy of the application the out-of-State bank filed with the regulator of its home state or with the appropriate federal bank supervisory agency, along with any other information that the commissioner may require. The out-of-State bank shall not establish the de novo branch office unless the home state of the out-of-State bank has in effect, as of the date of establishment, a law that permits de novo branching in that other state, on substantially the same terms and conditions, by a bank or savings bank whose home state is New Jersey. The out-of-State bank's attorney or home state regulator shall certify as to the applicable law.
b. A national bank without a branch office in this State may establish a de novo branch office in this State according to procedures established by the Comptroller of the Currency or any successor federal bank supervisory agency.
2. Section 12 of P.L.1996, c.17 (C.17:9A-20.2) is amended to read as follows:
12. An out-of-State bank that establishes, opens, occupies or maintains a branch office in this State [shall have], whether a de novo branch or a branch acquired by purchase, merger, or consolidation, may exercise in this State [only] the same powers a bank or savings bank chartered in this State has, and any additional powers as may be authorized by section 24(j) of the "Federal Deposit Insurance Act," 12 U.S.C. 1831a(j). However, this section shall not restrict the authority of the Attorney General to enforce New Jersey law not otherwise enforceable by the department.
(cf: P.L.1996, c.17, s.12)
3. Section 1 of P.L.1981, c.163 (C.17:9A-24b.1) is amended to read as follows:
1. Notwithstanding the
provisions of P.L.1948, c.67 (C.17:9A-1 et seq.) or any other law, banks and
savings banks may exercise those powers, rights, benefits or privileges
now or hereafter authorized for (1) each other, (2) national [or] banks, (3)
out-of-
State banks [or
for], (4)
federal [or
out-of-State savings banks or savings]
associations as defined by section 5 of P.L.1963, c.144 (C.17:12B-5), (5)
State associations as defined by section 5 of P.L.1963, c.144 (C.17:12B-5), and
(6) out-of-State associations as defined by section 5 of P.L.1963, c.144
(C.17:12B-5), either directly or through a financial subsidiary or other
subsidiary, to the same extent, and [,] subject to the same
limitations, as [national
or out-of-State] those
other banks [or
federal or out-of-State]
, savings banks or [savings] associations [,] may exercise those
powers, rights, benefits or privileges[,]; provided that
before exercising any power, right, benefit or privilege of an out-of-State
bank, State association or out-of-State [savings bank or savings] association, the
commissioner has adopted a regulation approving an exercise of that power,
right, benefit or privilege by banks and savings banks generally, or [the] a bank or savings
bank provides notice to the commissioner and on a case-by-case basis the
commissioner either approves the activity or does not provide notice before the
expiration of 45 days that such power, right, benefit or privilege is not
appropriate for the New Jersey bank or savings bank on the grounds of safety
and soundness or on other grounds designated by the commissioner by
regulation. The commissioner shall have the authority to adopt rules and
regulations pursuant to this section, which rules and regulations shall have as
their objective the placing of banks and savings banks on a substantially
competitive parity with national [and] banks, out-of-State banks [and] , federal [and out-of-State savings
banks and savings]
associations, State associations, and out-of-State associations.
(cf: P.L.2000, c.69, s.3)
4. Section 132 of P.L.1948, c.67 (C.17:9A-132) is amended to read as follows:
132. As used in this article:
(1) "Merging bank" means a bank or savings bank which is merged, or which is in process of being merged, into another bank or savings bank; and, only in a case where a national banking association is merged into or consolidated with, or is in process of being merged into or consolidated with, a bank or savings bank under the charter of such bank or savings bank, "merging bank" also means such national banking association; and, only in a case where a bank or savings bank is a receiving bank, "merging bank" also means an out-of-State bank, or a federal association, State association or out-of-State association as defined by section 5 of P.L.1963, c.144 (C.17:12B-5).
(2) "Receiving bank" means a bank or savings bank into which one or more other banks or savings banks are merged, or are in process of being merged; and, only in a case where a national banking association is merged into or consolidated with, or is in process of being merged into or consolidated with, a bank or savings bank under the charter of such bank or savings bank, "receiving bank" also means the bank or savings bank into which such national banking association is merged or consolidated, or is in process of being merged or consolidated; and, only in a case where a bank or savings bank is the merging bank, "receiving bank" also means an out-of-State bank, or a federal association, State association or out-of-State association as defined by section 5 of P.L.1963, c.144 (C.17:12B-5).
(3) "Company" as used in sections 133 and 134 (C.17:9A-133 and 17:9A-134) means a corporation, joint stock company, business trust, general or limited partnership, voting trust and any similar organized group of persons whether incorporated or not, owning more than 25% of the capital stock of a receiving bank after a merger is effected.
(cf: P.L.1977, c.417, s.7)
5. Section 16 of P.L.1996, c.17 (C.17:9A-133.1) is amended to read as follows:
16. a. One or more banks or savings banks may, with the approval of the commissioner, enter into an interstate merger transaction with an out-of-State bank or banks pursuant to section 11 of P.L.1982, c.9 (C.17:9A-8.11), article 21 of "The Banking Act of 1948," P.L.1948, c.67 (C.17:9A-132 et seq.) or article 31 of "The Banking Act of 1948," P.L.1948, c.67 (C.17:9A-199 et seq.), as applicable.
b. Except as otherwise expressly provided in this subsection b., an interstate merger transaction shall not be permitted if, upon consummation of the transaction, the resulting state or federally chartered bank or savings bank, including all federally insured depository institutions that would be affiliates as defined in subsection (k) of section [(2)] 2 of the federal "Bank Holding Company Act of 1956," 12 U.S.C. 1841(k), would control 30 percent or more of the total amount of deposits held by insured depository institutions in this State. The commissioner may by regulation adopt a procedure whereby the foregoing limitation on control of deposits may be waived for good cause.
c. The commissioner shall not permit before June 1, 1997, an interstate merger transaction involving one or more banks or savings banks and an out-of-State bank or banks unless the home state of each bank involved in the transaction has in effect, as of the date of the approval of such transaction, a law that applies equally to all out-of-state banks and expressly permits interstate merger transactions with all out-of-state banks.
d. The commissioner shall not permit on or after June 1, 1997, an interstate merger transaction involving one or more banks or savings banks and an out-of-State bank or banks, if the home state of any bank or savings bank involved in the merger transaction has enacted a law after September 29, 1994, and before June 1, 1997, that applies equally to all out-of-State banks and expressly prohibits merger transactions involving out-of-State banks.
e. An out-of-State bank may [, with the approval of the commissioner,] acquire a branch office of a bank, savings bank, out-of-State bank, or national bank [or savings bank], or a federal association as defined by section 5 of P.L.1963, c.144 (C.17:12B-5), and the branch shall be treated, for purposes of this section, as a bank or savings bank, as appropriate.
f. A bank or savings bank may, with the approval of the commissioner, acquire an out-of-State branch office of a bank, savings bank or an out-of-State bank, or a federal association, State association or out-of-State association as defined by section 5 of P.L.1963, c.144 (C.17:12B-5), and the branch shall be treated, for purposes of this section, as an out-of-State bank.
g. Any out-of-State bank which shall be the resulting bank in an interstate merger transaction shall file with the commissioner in a manner consistent with regulations promulgated by the commissioner for this purpose.
(cf: P.L.1996, c.17, s.16)
6. Section 148 of P.L.1948, c.67 (C.17:9A-148) is amended to read as follows:
148. a. As used in subsection B. of this section, "applicable federal law" means the laws of the United States, as presently enacted and as hereafter from time to time supplemented or amended, governing the merger or consolidation of a bank organized under State laws into a national banking association, under the charter of such association; and, as used in subsection C. of this section, "applicable federal law" means the laws of the United States, as presently enacted and as hereafter from time to time supplemented or amended, governing the merger or consolidation of a national banking association into a bank organized under State laws, under the charter of such bank.
b. One or more banks may, without the approval of the commissioner or of any other officer, department, board or agency of this State, merge into or consolidate with a national banking association under the charter of such association, with the approval of the holders of at least 2/3 of the capital stock of each such bank entitled to vote. A majority of the directors of each such bank shall, within 10 days after such approval has been given, file in the department a certificate over their signatures that such approval has been given, and that the bank intends to act in pursuance thereof. Except as otherwise provided in subsection D. of this section, a merger or consolidation authorized by this subsection shall be effected solely in the manner and with the effect provided by applicable federal law, and no such merger or consolidation shall be subject to sections 132 through 147 of P.L.1948, c.67 (C.17:9A-132 through 17:9A-147) or to any other law of this State; but a copy of the agreement or merger or consolidation certified by the [comptroller] Comptroller of the [currency] Currency shall be evidence, and may be recorded, as provided by section 138 of P.L.1948, c.67 (C.17:9A-138). Upon the taking effect of the merger or consolidation, the bank shall be deemed to have surrendered its charter.
c. One or more national banking associations, or one or more national banking associations together with one or more banks may, with the approval of the commissioner as provided by section 136 of P.L.1948, c.67 (C.17:9A-136), merge into a bank, or may consolidate with a bank under the charter of such bank. Each bank which is a party to such a merger or consolidation as a merging bank or as the receiving bank shall, in all respects, comply with and be subject to the provisions of sections 134 through 147 of P.L.1948, c.67 (C.17:9A-134 through 17:9A-147), in the same manner and with the same effect as if all the parties to such merger or consolidation were banks; the rights, duties, obligations, powers and privileges of each such bank, whether such bank is a merging bank or the receiving bank, and of its or their depositors, other creditors, stockholders and all other persons in interest, shall be as prescribed and defined by sections 134 through 137 of P.L.1948, c.67 (C.17:9A-134 through 17:9A-137); and except as in this subsection otherwise provided in respect to national banking associations, every provision contained in sections 134 through 137 of P.L.1948, c.67 (C.17:9A-134 through 17:9A-137) shall be applicable to a merger or consolidation effected pursuant to this subsection, notwithstanding that a national banking association is a party to such a merger or consolidation. Each national banking association which is a party to a merger or consolidation authorized by this subsection shall comply with and be subject to the provisions of applicable federal law, and the rights, duties, obligations, powers and privileges of such national banking association, and of its depositors, other creditors, stockholders and all other persons in interest, shall be as prescribed and defined by such applicable federal law.
d. National banking associations may, under the laws of the United States, merge into or consolidate with a bank organized under State laws, without approval by any United States authority other than an authority empowered by United States law to approve or disapprove of a merger between, or a consolidation of, State-chartered banks.
e. Except as otherwise expressly provided in this subsection E., an interstate merger transaction shall not be permitted if, upon consummation of the transaction, the resulting state or federally chartered bank or savings bank, including all federally insured depository institutions that would be affiliates as defined in subsection (k) of section [(2)] 2 of the federal "Bank Holding Company Act of 1956," 12 U.S.C. 1841(k), would control 30 percent or more of the total amount of deposits held by insured depository institutions in this State. The commissioner may by regulation adopt a procedure whereby the foregoing limitation on control of deposits may be waived for good cause.
f. Before June 1, 1997, a merger involving a bank and a national banking association without a branch office in New Jersey shall not be permitted unless the home state of each institution involved in the transaction has in effect, as of the date of the approval of that transaction, a law that applies equally to all out-of-state banks and expressly permits interstate merger transactions with all out-of-state banks. On or after June 1, 1997, a merger involving a bank and a national banking association without a branch office in New Jersey, shall not be permitted if the home state of any institution involved in the transaction has enacted a law after September 29, 1994 and before June 1, 1997, that applies equally to all out-of-State banks and expressly prohibits merger transactions involving out-of-State banks.
g. A national banking association without a principal or branch office in New Jersey may acquire a branch office of a bank, out-of-State bank, or national bank, or a federal association, State association or out-of-State association as defined by section 5 of P.L.1963, c.144 (C.17:12B-5), and the branch shall be treated, for the purposes of this section, as a bank. A bank may acquire an out-of-State branch office of a national banking association, and the branch shall be treated, for purposes of this section, as a national banking association.
(cf: P.L.1996, c.17, s.17)
7. (New section) An out-of-State association without a branch office in this State may establish a de novo branch office in this State and shall file with the department a copy of the application the out-of-State association filed with the regulator of its home state or with the appropriate federal banking supervisory agency, along with any other information the commissioner may require. The out-of-State association shall not establish the de novo branch unless the home state of the out-of-State association has in effect, as of the date of establishment, a law that permits de novo branching in that other state, on substantially the same terms and conditions, by a State association whose home state is New Jersey. The out-of-State association's attorney or home state regulator shall certify as to the applicable law.
8. Section 93 of P.L.1996, c.17 (C.17:12B-24.2) is amended to read as follows:
93. a. An out-of-State association that establishes, opens, occupies or maintains a branch office in this State [shall have], whether a de novo branch or a branch acquired by purchase, merger, or consolidation, may exercise in this State [only] the same powers a State association has in this State, and any additional powers as may be authorized under the banking laws of the out-of-State's home state. However, this subsection shall not restrict the authority of the Attorney General to enforce New Jersey law not otherwise enforceable by the department.
b. A State association that applies to establish, owns, occupies or maintains a branch office outside this State shall have in that state [such] powers authorized by this State and any additional powers as permitted to associations chartered in the state in which the branch is located.
(cf: P.L.1996, c.17, s.93)
9. Section 48 of P.L.1963, c.144 (C.17:12B-48) is amended to read as follows:
48. Without limiting the generality of the foregoing, every association shall have power to:
(1) Have succession by its corporate name for the period limited in its charter or certificate of incorporation, and when no period is limited, perpetually.
(2) Sue and be sued in any court.
(3) Adopt and use a corporate seal and alter the same.
(4) Purchase and otherwise acquire, hold, mortgage, pledge, lease, exchange, sell, convey and otherwise dispose of, any real and personal property, necessary or incidental to its operations and consistent with its powers and purposes.
(5) Insure its members' accounts with the Federal Deposit Insurance Corporation, and comply with conditions necessary to obtain and maintain such insurance.
(6) Become a member of or stockholder in a Federal Home Loan Bank and to that end to comply with all conditions of membership therein.
(7) Act as agent for the United States or the State of New Jersey or any instrumentality of either of them, when designated for that purpose, and perform such reasonable duties as such agent as may be required of it.
(8) Join any cooperative league organized for the purpose of protecting and promoting the welfare of associations and their members and comply with all conditions of membership therein.
(9) Borrow money from any source in or out of the State, on the note, bond and mortgage or other obligation of the association upon such terms and conditions as the board may from time to time prescribe by resolution adopted by at least a majority of all the members of the board and duly recorded on the minutes and to pledge, assign or transfer mortgages, owned by the association and the obligations secured by such mortgages, together with the shares, if any, pledged as collateral security therefor, or any real or other personal property, as security for the repayment of money so borrowed. No association shall borrow money if by doing so the aggregate of its indebtedness for borrowed money other than to the Federal Home Loan Bank will exceed 20% of its capital, except with the approval of the commissioner.
(10) (Deleted by amendment.)
(11) Require an advance payment of interest for a period of one month on any loan; and accept advance payments of interest, if made at the option of the debtor, for any period on any loan. None of such payments shall be deemed usurious.
(12) Where shares are issued, charge an admission fee, not to exceed $0.25 per share, which shall include the cost of membership or share certificate and account book.
(13) Impose charges upon a member for failure to make any payment to the association when due, but only as provided in this paragraph. Where the association issues installment share accounts it may impose such charge upon any member holding such an account or any borrower upon a sinking fund mortgage not in excess of 1% a month upon the amount in arrears, except for the first month's arrearage or the amount by which such first month's arrearage may be increased by subsequent arrearage, in which case a charge not in excess of 5% may be imposed. Such charges shall be subject to the further limitations that no such charge shall be deducted from any amount actually paid by a member upon an account nor shall the total of any such charges against any account in any fiscal year exceed the amount that may be charged for failure to make any payments for a six-month period nor shall any charge for default be made on a charge for default. Otherwise an association may impose a charge for failure to make any required payment to it when due upon any loan or contract for the resale of real estate to a member, not to exceed 4% of the amount of each payment in arrears, but no more than one such charge may be made with respect to any one payment in arrears. An association may impose a reasonable service charge against any member who tenders to such association, for collection or as payment, a check or other instrument of any type which subsequently is not honored by the institution or person upon which such check or other instrument is drawn. None of such charges shall be deemed usurious.
(14) Compute interest upon any direct reduction loan, on designated payment dates, and add the same to the unpaid balance of such loan.
(15) Act as agent for any person where such agency will further the interests of the association and its members, subject to such limitations as may be prescribed by the commissioner.
(16) Upon application to and approval by the commissioner, to act as custodian or trustee within the contemplation of the [Federal Self-Employed] federal "Self-Employed Individuals Tax Retirement Act of [1962,] 1962," as amended and supplemented, and the [Employee] "Employee Retirement Income Security Act of [1974 as amended and supplemented] 1974," 29 U.S.C. 1001 et seq., and as custodian, trustee or manager of any such investment fund the authorized investments of which include, but need not be limited to, savings accounts or real estate loans, and the beneficial interests in which may be represented by transferable shares or certificates. Associations exercising the powers authorized by this subsection shall segregate all funds held in such fiduciary capacities from the general assets of the association and shall keep a separate set of books and records showing in detail all transactions made under authority of this subsection. If individual records are kept for each self-employed individual's retirement plan and each such investment fund, then all such funds held in such fiduciary capacities by an association may be commingled for appropriate purposes of investment. No funds held in such fiduciary capacities shall be used by an association in the conduct of its business; however, such funds may be invested in savings accounts of the association in the event that the custodial, trust or other plan does not prohibit such investment. In granting or refusing the association's application the commissioner shall take into consideration the investment policies, amount, type and adequacy of reserves, fidelity bonds and any legally required deposits of the applicant and other pertinent facts and circumstances.
(17) Upon compliance with subsection (5) of this section, accept from its members accounts to be repaid upon such terms, not inconsistent with this act, as are approved by the Commissioner of Banking and Insurance, by regulation or otherwise, provided that no account shall exceed the limitations established by section 78 of P.L.1963, c.144 (C.17:12B-78), and provided further that no account shall be accepted or issued in the name of any corporation, association or partnership or in the name of any individual for use in trade or business. An association issuing such accounts may honor demands for withdrawal of such accounts in the form of negotiable checks, drafts or orders in the form of electronic fund transfers and may become a member of a clearing facility and satisfy reasonable conditions required for its qualification and pay reasonable expenses therefor. Such accounts may be either interest-bearing or noninterest-bearing; provided, however, that the payment of interest on such accounts be permitted by federal law. An association accepting accounts pursuant to this subsection shall, at all times, maintain reserves against such accounts as shall be prescribed in regulations issued by the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), but such reserves shall be equal in nature and amount to those required of savings banks in this State against similar accounts. Such reserves shall be maintained in cash or deposits in one or more reserve depositories as authorized by the Commissioner of Banking and Insurance. Regulations of the commissioner may also provide that associations issuing such type of accounts maintain a general reserve account, federal insurance reserve account and undivided profits of specified minimum amounts and provide for minimum standards of office facilities in connection therewith. An insured association may impose a reasonable service charge for providing and maintaining such accounts for the benefit of its members.
(18) Issue credit cards, extend credit in connection therewith, and otherwise engage in or participate in credit card operations subject to such regulations as the commissioner may prescribe. Any such regulations shall be in substantial conformity with similar rules and regulations of the Office of Thrift Supervision.
(19) (a) Apply to the commissioner for permission to act as trustee, executor, administrator, guardian, or in any other fiduciary capacity in which federal savings and loan associations doing business in this State are permitted to act. Associations exercising any or all of the powers enumerated in this section shall segregate all assets held in any fiduciary capacity from the general assets of the association and shall keep a separate set of books and records showing in proper detail all transactions engaged in under authority of this section. No association shall receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange, or other items for collection or exchange purposes. Funds deposited or held in trust by the association awaiting investment shall be carried in a separate account and shall not be used by the association in the conduct of its business unless it shall first set aside in the trust department United States bonds or other securities approved by the commissioner. In the event of the failure of such association, the owners of the funds held in trust for investment shall have a lien on the bonds or other securities so set apart, in addition to their claim against the estate of the association. Whenever the laws of this State require corporations acting in a fiduciary capacity to deposit securities with the State authorities for the protection of private or court trusts, associations so acting shall be required to make similar deposits and securities so deposited shall be held for the protection of private or court trusts, as provided by New Jersey law. Associations in such cases shall not be required to execute the bond usually required of individuals if New Jersey corporations under similar circumstances are exempt from this requirement. Associations shall have power to execute such bond when so required by the laws of New Jersey. In any case in which the laws of this State require that a corporation acting as trustee, executor, administrator, or in any capacity specified in this section shall take an oath or make an affidavit, any officer, as defined in section 65 of P.L.1963, c.144 (C.17:12B-65), of such association may take the necessary oath or execute the necessary affidavit. It shall be unlawful for any association to lend any officer, director, or employee any funds held in trust under the powers conferred by this section. Any officer, director, or employee making such loan, or to whom such loan is made, may be fined not more than $5,000.00, or imprisoned not more than five years, or may be both fined and imprisoned, in the discretion of the court. In passing upon applications for permission to exercise the powers enumerated in this section, the commissioner may take into consideration the amount of capital and surplus of the applying association, whether or not such capital and surplus is sufficient under the circumstances of the case, the needs of the community to be served, and any other facts and circumstances that seem to him proper, and may grant or refuse the application accordingly, except that approval shall not be granted to any association having a capital and surplus less than the capital and surplus required by New Jersey law of State banks, trust companies, and corporations exercising such powers.
(b) Any association desiring to surrender its right to exercise the powers granted under this section, in order to relieve itself of the necessity of complying with the requirements of this section, or to have returned to it any securities which it may have deposited with the State authorities for the protection of private or court trusts, or for any other purpose, may file with the commissioner a certified copy of a resolution of its board of directors signifying such desire. Upon receipt of such resolution, the commissioner, after satisfying himself that such association has been relieved in accordance with State law of all duties as trustee, executor, administrator, guardian or other fiduciary, under court, private or other appointments previously accepted under authority of this section, may, in its discretion, issue to such association a certificate certifying that such association is no longer authorized to exercise the powers granted by this section. Upon the issuance of such a certificate by the commissioner, such association (i) shall no longer be subject to the provisions of this section or the regulations of the commissioner made pursuant thereto, (ii) shall be entitled to have returned to it any securities which it may have deposited with the State authorities for the protection of private or court trusts, and (iii) shall not exercise thereafter any of the powers granted by this section without first applying for and obtaining approval to exercise such powers pursuant to the provisions of this section.
(c) The commissioner is authorized and empowered to promulgate such regulations as he may deem necessary to enforce compliance with the provisions of this section and the proper exercise of the trust powers granted by this section. Any such regulations shall be in substantial conformity with similar rules and regulations of the Office of Thrift Supervision.
(20) In accordance with rules and regulations promulgated by the commissioner, issue and sell directly to subscribers or through underwriters mutual capital certificates. Such certificates shall constitute part of the general reserve and net worth of the issuing association. Such certificates--
(a) Shall be subordinate to all savings accounts, savings certificates, and debt obligations;
(b) Shall constitute a claim in liquidation on the general reserves, surplus, and undivided profits of the association remaining after the payment in full of all savings accounts, savings certificates, and debt obligations;
(c) Shall be entitled to the payment of dividends; and
(d) May have a fixed or variable dividend rate.
The commissioner is authorized and empowered to promulgate such regulations as he may deem necessary with respect to the powers granted by this section. Any such regulations shall be in substantial conformity with similar rules and regulations of the Office of Thrift Supervision. The commissioner shall provide in his regulations for charging losses to the mutual capital certificates, reserves, and other net worth accounts.
(21) Notwithstanding the provisions of P.L.1963, c.144 (C.17:12B-1 et seq.) or any other law, exercise those powers, rights, benefits or privileges now or hereafter authorized for (1) federal and out-of-State associations, (2) national [or] banks, (3) out-of-State banks [or for federal or out-of-State savings banks or savings associations] as defined by section 1 of P.L.1948, c.67 (C.17:9A-1), (4) State banks as defined by section 1 of P.L.1948, c.67 (C.17:9A-1), and (5) State savings banks as defined by section 1 of P.L.1948, c.67 (C.17:9A-1), either directly or through a financial subsidiary or other subsidiary, to the same extent, and subject to the same limitations, as [national or out-of-State] those other banks [or federal or out-of-State], savings banks or [savings] associations may exercise those powers, rights, benefits or privileges [,]; provided that before exercising any power, right, benefit or privilege of any out-of-State bank [or], out-of-State [savings bank or savings] association, or State bank or savings bank, the commissioner has adopted a regulation approving an exercise of that power, right, benefit or privilege by State associations generally, or [the] a State association provides notice to the commissioner and on a case-by-case basis the commissioner either approves the activity or does not provide notice before the expiration of 45 days that such power, right, benefit or privilege is not appropriate for the State association on the grounds of safety and soundness or on other grounds designated by the commissioner by regulation. The commissioner shall have the authority to adopt rules and regulations pursuant to this section, which rules and regulations shall have as their objective the placing of State associations on a [substantial] substantially competitive parity with federal and out-of-State associations, national [and] banks, out-of-State banks [and federal and out-of-State], State banks, and State savings banks [and savings associations].
(22) Exercise any powers and activities that have been or are hereafter approved by regulation of the Board of Governors of the Federal Reserve System as being (i) financial in nature or incidental to such financial activity, (ii) complementary to a financial activity and not posing a substantial risk to the safety or soundness of depository institutions or the financial system generally, or (iii) so closely related to banking or managing or controlling savings associations as to be a proper activity for a bank holding company or financial holding company pursuant to the "Bank Holding Company Act of 1956," [70 Stat. 133 (12 U.S.C. s.1841 et seq.)] 12 U.S.C. 1841 et seq., and regulations thereunder, to the extent that federal law does not prohibit savings associations from exercising those powers or activities.
(23) Apply to the commissioner for authority, and if granted, to exercise any power or activity that has been or is hereafter deemed to be (i) financial in nature or incidental to such financial activity, (ii) complementary to a financial activity and not posing a substantial risk to the safety or soundness of depository institutions or the financial system generally, or (iii) closely related to banking under the "Bank Holding Company Act of 1956," [70 Stat. 133 (12 U.S.C. s.1841 et seq.)] 12 U.S.C. 1841 et seq., and which has been permitted on an individual basis by order of the Board of Governors of the Federal Reserve System.
(cf: P.L.2000, c.69, s.10)
10. Section 198 of P.L.1963, c.144 (C.17:12B-198) is amended to read as follows:
198. Any two or more [State] associations may merge with or into a single [State] association, under the terms and procedure hereinafter set forth. Any State association may merge with or into a [Federal Association] federal association or out-of-State association upon the approval of the commissioner and subject to such terms and conditions as he may specify. In a case in which a State association is the merging association, meaning it is merged or in the process of being merged into another, receiving association, "association" as applied to the receiving association also means a federal association or out-of-State association, or a bank, savings bank or out-of-State bank as defined by section 1 of P.L.1948, c.67 (C.17:9A-1), or a national banking association; and in a case in which a State association is the receiving association, meaning one or more associations are merged into it, "association" as applied to the merging association also means an out-of-State association, or a bank, savings bank or out-of-State bank as defined by section 1 of P.L.1948, c.67 (C.17:9A-1), or a national banking association.
(cf: P.L.1973, c.196, s.3)
11. Section 98 of P.L.1996, c.17 (C.17:12B-198.1) is amended to read as follows:
98. a. One or more State associations may, with the approval of the commissioner, merge with or into an out-of-State association or associations, or with a federal association or associations, each with their principal office outside of this State, pursuant to sections 198 through 212 of P.L.1963, c.144 (C.17:12B-198 through 17:12B-212).
b. The commissioner [may] shall not [permit] approve a merger involving an association and an out-of-State association or federal association unless the home state of each out-of-State association and federal association involved in the transaction has in effect, as of the date of the approval of such transaction, a law that permits interstate merger transactions with associations whose home state is this State. Each out-of-State association's and federal association's attorney or home state regulator shall certify as to the applicable law.
c. A resulting association that is an out-of-State association shall file with the commissioner in a manner which is consistent with regulations adopted by the commissioner for this purpose.
(cf: P.L.1996, c.17, s.98)
12. This act shall take effect on the first day of the second month next following enactment.
STATEMENT
This bill expands parity between certain State-chartered financial institutions. It expressly permits banks and savings banks to exercise those powers, rights, benefits and privileges as authorized for each other, as well as State associations, and vice versa. As with the State's current State-federal parity statutes, the State financial institutions shall automatically acquire the powers, rights, benefits and privileges of all federal-chartered institutions (e.g., a bank acquiring all legal authority of a federal association), but only acquire those provided to an out-of-State financial institution or a different type of State-chartered institution through further regulation of the Commissioner of Banking and Insurance.
The bill also permits interstate de novo branching by State-chartered financial institutions into other states, and provides out-of-State and federal financial institutions the same legal authority to establish de novo branches in this State. In addition, the bill permits any type of financial institution to acquire an existing branch of any other type of in-State, out-of-State, or federal financial institution, or merge with that other financial institution.
