§ 19-3-502 - Definitions. - Arkansas Statutes

19-3-502. Definitions.

As used in this subchapter, unless the context otherwise requires:

(1) "Bank" means a state bank or a national bank or an out-of-state state-chartered bank which has received a certificate of authority under 23-48-1001; provided that such term shall also include any foreign bank organized under the laws of a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, the deposits of which are insured by the Federal Deposit Insurance Corporation;

(2) "Capital base" means the sum of its capital stock, surplus, undivided profits, plus any additions and less any subtractions which the commissioner may by regulation prescribe;

(3) "Cash Account" means the account in the Treasurer of State consisting of all cash in the hands of the State Treasurer and on deposit in the name of the Treasurer of State in depository banks;

(4) "Certificate of Deposit Account" means the account in the State Treasury consisting of all, but only, certificates of deposit acquired by the Treasurer of State through the State Treasury Certificate of Deposit Investment Program;

(5) "Commissioner" shall mean the Bank Commissioner;

(6) "Fund" means a specifically named account in the State Treasury, to which, as provided by law, moneys are credited upon receipt thereof and charged upon withdrawal therefrom;

(7) "Gross federal fund balances", "gross trust fund balances", or "gross state fund balances", with respect to a particular major group, means the aggregate total amount of the gross fund balances at any time standing to the credit of all funds of that particular group;

(8) "Gross fund balance", with respect to a particular named fund, means the balance at any time standing to the credit of that fund;

(9) "Gross treasury fund balances" means the aggregate total amount of the balances standing to the credit of all funds on the records of the Treasurer of State;

(10) "Home state" means:

(A) With respect to a state-chartered bank, the state by which the bank is chartered;

(B) With respect to a national bank, the state in which the main office of the bank is located; and

(C) With respect to a foreign bank, the state determined to be the home state of such foreign bank under 12 U.S.C. 3103(c);

(11) "Host state" means a state, other than the home state of a bank, in which the bank maintains, or seeks to establish and maintain a branch;

(12) "Institution" and "depository" means a bank or savings and loan association as defined in subdivisions (1) and (21) of this section;

(13) "Main banking office" or "main office" with respect to a bank, means the main banking office designated or provided for in the articles of incorporation of a state bank, and the main office designated or provided for in the articles of association of a national bank, at such identified location as shall have been or as hereafter may be approved by the commissioner, in the case of a state bank, or by the appropriate federal regulatory agency, in the case of a national bank;

(14) "National bank" means a national banking association organized pursuant to 12 U.S.C. 215b;

(15) "Net federal fund balances", "net trust fund balances", or "net state fund balances", with respect to a particular major group, means the aggregate total amount of the gross fund balances at any time standing to the credit of all funds of that particular group, less the total amount of unredeemed warrants drawn on the Treasurer of State against all funds of the same group;

(16) "Net fund balance", with respect to a particular named fund, means its gross fund balance less the total amount of unredeemed warrants drawn on the Treasurer of State against the same fund;

(17) "Net treasury fund balances" means gross treasury fund balances, less the total amount of all unredeemed warrants drawn on the Treasurer of State;

(18) "Out-of-state bank" means a bank whose home state is any state other than Arkansas;

(19) "Registered out-of-state bank" means an out-of-state bank which has a certificate of authority pursuant to the terms of 23-48-1001 et seq.;

(20) "Safekeeping Account" means the account in the State Treasury consisting of all securities received by the Treasurer of State from the administrators of the several state retirement systems and other trust accounts;

(21) "Savings and loan association" means a corporation carrying on the business of a savings and loan association or a building and loan association under a charter issued by this state, or any federal savings association or federal savings bank which is chartered under federal law;

(22) "Securities Account" means the account in the State Treasury consisting of all securities held by the Treasurer of State through its investment of gross state fund balances;

(23) "State bank" means:

(A) A corporation created pursuant to either Act 113 of the Arkansas General Assembly of 1913 or Act 179 of the Arkansas General Assembly of 1969, or pursuant to any predecessor or successor act or acts of either of the foregoing, and existing and authorized under the laws of this state on May 30, 1997, to engage in a general commercial banking business; and

(B) A corporation organized under 23-45-101 et seq., 23-46-101 et seq., 23-47-101 et seq., 23-48-101 et seq., 23-49-101 et seq., and 23-50-101 et seq. and authorized thereunder to engage in a general commercial banking business;

(24) "Treasurer of State" means the elected office of the Treasurer of the State of Arkansas; and

(25) "Trust Deposit Account" means the account in the Treasurer of State consisting of all, but only, certificates of deposit acquired by the Treasurer of State for and in behalf of the several retirement systems and other trust accounts.