Okla. Stat. tit. 6, § 6-1608
This is the official text of Okla. Stat. tit. 6, § 6-1608, part of Oklahoma’s Stat. tit. 6, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 6,." Browse the sections below, each linked to its official government source.
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Asset maintenance or capital equivalency
Official statutory text
Asset maintenance or capital equivalency.
A. Each international bank agency shall hold, in this state,
assets which bear such relationships as the Board shall by rule
prescribe to the aggregate liabilities of the international bank
agency payable in this state or resulting from the operations of the
international bank agency. The amount of such assets shall be equal
to not less than one hundred five percent (105%) of the amount of
such liabilities. However, the Board by rule may reduce the
required amount of assets to not less than one hundred percent
(100%) of the amount of such liabilities. When promulgating any
such rule, the Board shall take into account the objective of
maintaining a sound banking system in this state. The assets shall
be maintained as cash on hand; as cash on demand deposit with other
banks, including the total amount of any reserves deposited with
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 207
other banks, including the total amount of any reserves deposited at
a federal reserve bank; as cash items in process of collection; as
earning assets such as federal funds sold, bonds, notes, debentures,
drafts, bills of exchange, acceptances, loan participation
certificates, or other evidences of indebtedness payable in the
United States or in the United States funds or, with the prior
approval of the Board, in funds freely convertible into United
States funds; in such other form as the Board may specify by rule;
or as any combination of the foregoing. The term "assets" as used
in this subsection excludes accrued income and amounts due from
other offices or branches of, and wholly owned (except for a nominal
number of directors' shares) subsidiaries of, the international
banking corporation in question. The term "liabilities" as used in
this subsection excludes accrued expenses and amounts due and other
liabilities to branches, offices, agencies, and wholly owned (except
for a nominal number of directors' shares) subsidiaries of the
international banking corporation in question, and such other
liabilities as the Board may specify by rule. In lieu of holding
such assets, the Board may by rule permit an international bank
agency to:
1. Maintain on deposit with a bank in this state, in such
amounts as the Board specifies, dollar deposits or investment
securities of the type that may be held by a state bank for its own
account pursuant to Section 806 of Title 6 of the Oklahoma Statutes.
The aggregate amount of dollar deposits and investment securities
for an international bank agency shall, at a minimum, equal the
greater of:
(a) One Million Five Hundred Thousand Dollars
($1,500,000.00), or
(b) Five percent (5%) of the total liabilities of the
international bank agency, excluding accrued expenses
and amounts due and other liabilities to branches,
offices, agencies, and wholly owned (except for a
nominal number of directors' shares) subsidiaries of
the international banking corporation of which the
agency is part. The Board shall prescribe by rule the
deposit, safekeeping, pledge, withdrawal,
recordkeeping, and other arrangements for funds and
securities maintained under the provisions of this
paragraph. The deposits and securities used to
satisfy the capital equivalency requirements of this
paragraph shall be held, to the extent feasible, in a
state or national bank located in this state or in a
federal reserve bank; or
2. Maintain other appropriate reserves, taking into
consideration the nature of the business being conducted by the
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 208
Oklahoma international bank agencies of the international banking
corporation.
The securities or reserves required by the provisions of this
section shall be held, to the extent feasible, in a state or
national bank located in this state.
B. For the purposes of this section, the Board shall value
business being conducted by the
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 208
Oklahoma international bank agencies of the international banking
corporation.
The securities or reserves required by the provisions of this
section shall be held, to the extent feasible, in a state or
national bank located in this state.
B. For the purposes of this section, the Board shall value
marketable securities at book value; shall have the right to
determine the value of any nonmarketable bond, note, debenture,
draft, bill of exchange, or other evidence of indebtedness or of any
other obligation held by or owned to the international banking
corporation in this state; and, in determining the amount of assets
for the purpose of computing the above ratio of assets to
liabilities, shall have the power to exclude any particular assets.
C. If by reason of the existence or the potential occurrence of
unusual or extraordinary circumstances, the Board deems it necessary
or desirable for the maintenance of a sound financial condition, the
protection of creditors and the public interest, and the maintenance
of public confidence in the business of the international bank
agency of the international banking corporation, the Board may
reduce the credit balances with unaffiliated banking institutions
outside this state and may require such international banking
corporation to deposit, in accordance with such rules as the Board
shall from time to time promulgate, the assets required to be held
in this state pursuant to this section with such bank or trust
company existing under the laws of this state as such international
banking corporation may designate and the Board may approve.
D. For the purposes of this section, international banking
facility deposits and borrowings shall be excluded from the total
liabilities and assets of an international banking corporation.
Except as otherwise provided by rule, international banking facility
extensions of credit are eligible assets for the purposes of asset
maintenance pursuant to subsection A of this section.
E. Each international bank agency shall file such reports with
the Board as the Board shall by rule require to determine compliance
with the provisions of this section.
A. Each international bank agency shall hold, in this state,
assets which bear such relationships as the Board shall by rule
prescribe to the aggregate liabilities of the international bank
agency payable in this state or resulting from the operations of the
international bank agency. The amount of such assets shall be equal
to not less than one hundred five percent (105%) of the amount of
such liabilities. However, the Board by rule may reduce the
required amount of assets to not less than one hundred percent
(100%) of the amount of such liabilities. When promulgating any
such rule, the Board shall take into account the objective of
maintaining a sound banking system in this state. The assets shall
be maintained as cash on hand; as cash on demand deposit with other
banks, including the total amount of any reserves deposited with
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 207
other banks, including the total amount of any reserves deposited at
a federal reserve bank; as cash items in process of collection; as
earning assets such as federal funds sold, bonds, notes, debentures,
drafts, bills of exchange, acceptances, loan participation
certificates, or other evidences of indebtedness payable in the
United States or in the United States funds or, with the prior
approval of the Board, in funds freely convertible into United
States funds; in such other form as the Board may specify by rule;
or as any combination of the foregoing. The term "assets" as used
in this subsection excludes accrued income and amounts due from
other offices or branches of, and wholly owned (except for a nominal
number of directors' shares) subsidiaries of, the international
banking corporation in question. The term "liabilities" as used in
this subsection excludes accrued expenses and amounts due and other
liabilities to branches, offices, agencies, and wholly owned (except
for a nominal number of directors' shares) subsidiaries of the
international banking corporation in question, and such other
liabilities as the Board may specify by rule. In lieu of holding
such assets, the Board may by rule permit an international bank
agency to:
1. Maintain on deposit with a bank in this state, in such
amounts as the Board specifies, dollar deposits or investment
securities of the type that may be held by a state bank for its own
account pursuant to Section 806 of Title 6 of the Oklahoma Statutes.
The aggregate amount of dollar deposits and investment securities
for an international bank agency shall, at a minimum, equal the
greater of:
(a) One Million Five Hundred Thousand Dollars
($1,500,000.00), or
(b) Five percent (5%) of the total liabilities of the
international bank agency, excluding accrued expenses
and amounts due and other liabilities to branches,
offices, agencies, and wholly owned (except for a
nominal number of directors' shares) subsidiaries of
the international banking corporation of which the
agency is part. The Board shall prescribe by rule the
deposit, safekeeping, pledge, withdrawal,
recordkeeping, and other arrangements for funds and
securities maintained under the provisions of this
paragraph. The deposits and securities used to
satisfy the capital equivalency requirements of this
paragraph shall be held, to the extent feasible, in a
state or national bank located in this state or in a
federal reserve bank; or
2. Maintain other appropriate reserves, taking into
consideration the nature of the business being conducted by the
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 208
Oklahoma international bank agencies of the international banking
corporation.
The securities or reserves required by the provisions of this
section shall be held, to the extent feasible, in a state or
national bank located in this state.
B. For the purposes of this section, the Board shall value
business being conducted by the
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 208
Oklahoma international bank agencies of the international banking
corporation.
The securities or reserves required by the provisions of this
section shall be held, to the extent feasible, in a state or
national bank located in this state.
B. For the purposes of this section, the Board shall value
marketable securities at book value; shall have the right to
determine the value of any nonmarketable bond, note, debenture,
draft, bill of exchange, or other evidence of indebtedness or of any
other obligation held by or owned to the international banking
corporation in this state; and, in determining the amount of assets
for the purpose of computing the above ratio of assets to
liabilities, shall have the power to exclude any particular assets.
C. If by reason of the existence or the potential occurrence of
unusual or extraordinary circumstances, the Board deems it necessary
or desirable for the maintenance of a sound financial condition, the
protection of creditors and the public interest, and the maintenance
of public confidence in the business of the international bank
agency of the international banking corporation, the Board may
reduce the credit balances with unaffiliated banking institutions
outside this state and may require such international banking
corporation to deposit, in accordance with such rules as the Board
shall from time to time promulgate, the assets required to be held
in this state pursuant to this section with such bank or trust
company existing under the laws of this state as such international
banking corporation may designate and the Board may approve.
D. For the purposes of this section, international banking
facility deposits and borrowings shall be excluded from the total
liabilities and assets of an international banking corporation.
Except as otherwise provided by rule, international banking facility
extensions of credit are eligible assets for the purposes of asset
maintenance pursuant to subsection A of this section.
E. Each international bank agency shall file such reports with
the Board as the Board shall by rule require to determine compliance
with the provisions of this section.
Status: in_force · Read it on the official government site
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