Okla. Stat. tit. 6, § 6-806
This is the official text of Okla. Stat. tit. 6, § 6-806, 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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Investments - Underwriting - Limitations
Official statutory text
A. A bank may purchase and sell equity and investment
securities without recourse, solely on the order and for the account
of a customer, and may not underwrite an issue of securities except
as otherwise provided by the Banking Code or rules adopted
thereunder.
B. Except as otherwise provided by the Banking Code or rules
adopted thereunder, a bank may not invest its funds in equity
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 101
securities except as necessary to avoid or minimize a loss on a loan
or investment previously made in good faith.
C. A bank may purchase investment securities for its own
account under limitations and restrictions prescribed by rules
adopted under the Banking Code. Except as otherwise provided by
this section, the total amount of the investment securities of any
one obligor or maker, held by the bank for its own account, may not
exceed an amount equal to thirty percent (30%) of the bank's capital
using data from the most recent quarterly report of condition of the
bank or trust company.
D. With the approval of the Commissioner, a bank may establish
and capitalize one or more operating subsidiaries and financial
subsidiaries, subject to rules promulgated by the Board.
E. Notwithstanding subsection A, B or C of this section, a bank
may, with prudent banking judgment, deal in, underwrite, or purchase
for its own account, without limitation as to amount unless
otherwise indicated in this subsection:
1. Bonds and other legally created general obligations of a
state, an agency or political subdivision of a state, the United
States, or an agency or instrumentality of the United States;
2. An investment security that this state, an agency or
political subdivision of this state, the United States, or an agency
or instrumentality of the United States has unconditionally agreed
to purchase, insure, or guarantee;
3. Investment securities (including limited obligation bonds,
revenue bonds, and obligations that satisfy the requirements of
Section 142(b)(1) of the Unites States Internal Revenue Code) issued
by or on behalf of any state or political subdivision of a state,
including any municipal corporate instrumentality of one or more
states, or any public agency or authority of any state or political
subdivision of a state, if the bank is well capitalized (as defined
in 12 U.S.C., Section 1831o);
4. Investment securities issued under the authority of the
Federal Farm Loan Act;
5. Investment securities insured by the Secretary of Housing
and Urban Development under Title IX of the National Housing Act or
investment securities insured by the Secretary of Housing and Urban
Development pursuant to Section 207 of the National Housing Act, if
the investment securities to be issued in payment of the insured
obligations are guaranteed as to principal and interest by the
United States;
6. Securities that are offered and sold under 15 U.S.C.,
Section 77d(5);
7. Mortgage-related securities, as defined by 15 U.S.C.,
Section 78c(a), except that notwithstanding Section 347 of the
Riegle Community Development and Regulatory Improvement Act of 1994,
a note or obligation that is secured by a first lien on one or more
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 102
parcels of real estate on which is located one or more commercial
structures shall be subject to the limitations of subsection C of
this section;
8. Investment securities issued or guaranteed by the Federal
Home Loan Banks, Federal Home Loan Mortgage Corporation, the Federal
National Mortgage Association, the Government National Mortgage
Association, the Federal Agriculture Mortgage Association, or the
Federal Farm Credit Banks Funding Corporation;
9. Purchase and hold for its own account shares of stock of
small business investment companies in an aggregate amount not
exceeding five percent (5%) of the capital stock and surplus of the
e Corporation, the Federal
National Mortgage Association, the Government National Mortgage
Association, the Federal Agriculture Mortgage Association, or the
Federal Farm Credit Banks Funding Corporation;
9. Purchase and hold for its own account shares of stock of
small business investment companies in an aggregate amount not
exceeding five percent (5%) of the capital stock and surplus of the
bank, and receive and retain the benefits of the stock ownership,
including stock dividends;
10. Purchase and hold for its own account shares of stock of a
banker's bank set forth in Section 402.1 of this title, but in no
event shall the total amount of the stock held by the bank exceed
ten percent (10%) of the capital of the bank and in no event shall
the purchase of the stock result in the bank acquiring more than
five percent (5%) of any class of voting securities of the banker’s
bank; and
11. Stock of a Federal Home Loan Bank.
F. Mutual Funds.
1. A bank may invest for its own account in equity securities
of an investment company registered under the Investment Company Act
of 1940 and the Securities Act of 1933 if the portfolio of the
investment company consists wholly of investments in which the bank
could invest directly for its own account.
2. If the portfolio of an investment company described by
paragraph 1 of this subsection consists wholly of investments in
which the bank could invest directly without limitation under
subsection E of this section, the bank may invest in the investment
company without limitation.
3. If the portfolio of an investment company described by
subsection C of this section contains an investment or obligation
that is subject to the limits of Section 802 of this title, the bank
may invest in the investment company not more than an amount equal
to thirty percent (30%) of the bank's capital.
4. A bank that invests in an investment company as provided by
this section shall periodically determine that its pro rata share of
any security in the portfolio of the investment company is not in
excess of applicable investment and lending limits by reason of
being combined with the bank's pro rata share of that security held
by all other investment companies in which the bank has invested and
with the bank's own direct investment and loan holdings.
G. Other Limitations. A bank may not purchase for its own
account, in any amount, paving, sewer or other special improvement
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 103
obligations that are payable from the proceeds of special
assessments.
H. Assets shall not be carried above cost. With the exception
of securities held by the bank for sale, no bank or trust company
shall, except with the previous written consent of the Commissioner,
enter or at any time carry on its books any of its assets at a
valuation exceeding the actual cost to the bank or trust company.
securities without recourse, solely on the order and for the account
of a customer, and may not underwrite an issue of securities except
as otherwise provided by the Banking Code or rules adopted
thereunder.
B. Except as otherwise provided by the Banking Code or rules
adopted thereunder, a bank may not invest its funds in equity
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 101
securities except as necessary to avoid or minimize a loss on a loan
or investment previously made in good faith.
C. A bank may purchase investment securities for its own
account under limitations and restrictions prescribed by rules
adopted under the Banking Code. Except as otherwise provided by
this section, the total amount of the investment securities of any
one obligor or maker, held by the bank for its own account, may not
exceed an amount equal to thirty percent (30%) of the bank's capital
using data from the most recent quarterly report of condition of the
bank or trust company.
D. With the approval of the Commissioner, a bank may establish
and capitalize one or more operating subsidiaries and financial
subsidiaries, subject to rules promulgated by the Board.
E. Notwithstanding subsection A, B or C of this section, a bank
may, with prudent banking judgment, deal in, underwrite, or purchase
for its own account, without limitation as to amount unless
otherwise indicated in this subsection:
1. Bonds and other legally created general obligations of a
state, an agency or political subdivision of a state, the United
States, or an agency or instrumentality of the United States;
2. An investment security that this state, an agency or
political subdivision of this state, the United States, or an agency
or instrumentality of the United States has unconditionally agreed
to purchase, insure, or guarantee;
3. Investment securities (including limited obligation bonds,
revenue bonds, and obligations that satisfy the requirements of
Section 142(b)(1) of the Unites States Internal Revenue Code) issued
by or on behalf of any state or political subdivision of a state,
including any municipal corporate instrumentality of one or more
states, or any public agency or authority of any state or political
subdivision of a state, if the bank is well capitalized (as defined
in 12 U.S.C., Section 1831o);
4. Investment securities issued under the authority of the
Federal Farm Loan Act;
5. Investment securities insured by the Secretary of Housing
and Urban Development under Title IX of the National Housing Act or
investment securities insured by the Secretary of Housing and Urban
Development pursuant to Section 207 of the National Housing Act, if
the investment securities to be issued in payment of the insured
obligations are guaranteed as to principal and interest by the
United States;
6. Securities that are offered and sold under 15 U.S.C.,
Section 77d(5);
7. Mortgage-related securities, as defined by 15 U.S.C.,
Section 78c(a), except that notwithstanding Section 347 of the
Riegle Community Development and Regulatory Improvement Act of 1994,
a note or obligation that is secured by a first lien on one or more
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 102
parcels of real estate on which is located one or more commercial
structures shall be subject to the limitations of subsection C of
this section;
8. Investment securities issued or guaranteed by the Federal
Home Loan Banks, Federal Home Loan Mortgage Corporation, the Federal
National Mortgage Association, the Government National Mortgage
Association, the Federal Agriculture Mortgage Association, or the
Federal Farm Credit Banks Funding Corporation;
9. Purchase and hold for its own account shares of stock of
small business investment companies in an aggregate amount not
exceeding five percent (5%) of the capital stock and surplus of the
e Corporation, the Federal
National Mortgage Association, the Government National Mortgage
Association, the Federal Agriculture Mortgage Association, or the
Federal Farm Credit Banks Funding Corporation;
9. Purchase and hold for its own account shares of stock of
small business investment companies in an aggregate amount not
exceeding five percent (5%) of the capital stock and surplus of the
bank, and receive and retain the benefits of the stock ownership,
including stock dividends;
10. Purchase and hold for its own account shares of stock of a
banker's bank set forth in Section 402.1 of this title, but in no
event shall the total amount of the stock held by the bank exceed
ten percent (10%) of the capital of the bank and in no event shall
the purchase of the stock result in the bank acquiring more than
five percent (5%) of any class of voting securities of the banker’s
bank; and
11. Stock of a Federal Home Loan Bank.
F. Mutual Funds.
1. A bank may invest for its own account in equity securities
of an investment company registered under the Investment Company Act
of 1940 and the Securities Act of 1933 if the portfolio of the
investment company consists wholly of investments in which the bank
could invest directly for its own account.
2. If the portfolio of an investment company described by
paragraph 1 of this subsection consists wholly of investments in
which the bank could invest directly without limitation under
subsection E of this section, the bank may invest in the investment
company without limitation.
3. If the portfolio of an investment company described by
subsection C of this section contains an investment or obligation
that is subject to the limits of Section 802 of this title, the bank
may invest in the investment company not more than an amount equal
to thirty percent (30%) of the bank's capital.
4. A bank that invests in an investment company as provided by
this section shall periodically determine that its pro rata share of
any security in the portfolio of the investment company is not in
excess of applicable investment and lending limits by reason of
being combined with the bank's pro rata share of that security held
by all other investment companies in which the bank has invested and
with the bank's own direct investment and loan holdings.
G. Other Limitations. A bank may not purchase for its own
account, in any amount, paving, sewer or other special improvement
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 103
obligations that are payable from the proceeds of special
assessments.
H. Assets shall not be carried above cost. With the exception
of securities held by the bank for sale, no bank or trust company
shall, except with the previous written consent of the Commissioner,
enter or at any time carry on its books any of its assets at a
valuation exceeding the actual cost to the bank or trust company.
Status: in_force · Read it on the official government site
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