Montana Administrative Register Notice 2-60-475 No. 4   02/28/2013    
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In the matter of the amendment of ARM 2.60.203 pertaining to application procedure for a certificate of authorization for a state-chartered bank









TO:  All Concerned Persons


1.  On April 4, 2013, the Department of Administration proposes to amend the above-stated rule.


2.  The Department of Administration will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Administration no later than 5:00 p.m. on March 22, 2013, to advise us of the nature of the accommodation that you need.  Please contact Wayne Johnston, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; telephone (406) 841-2918; TDD (406) 444-1421; facsimile (406) 841-2930; or e-mail to banking@mt.gov.


3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:



(a)  the Interagency Charter and Federal Deposit Insurance Application (expiration date: 5/21/2010 6/20/2013) as the form that shall be completed when applying for a certificate of authorization; and

(b)  the Interagency Biographical and Financial Report (expiration date: 3/31/2011 4/30/2014) for use by individuals in conjunction with the Interagency Charter and Federal Deposit Insurance Application.  The application and biographical and financial report are available at the Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546, or on the division web site located at www.banking.mt.gov.

(2) through (5) remain the same.


AUTH:  32-1-203, MCA

IMP:  32-1-203, MCA


STATEMENT OF REASONABLE NECESSITY:  It is necessary to amend the rule to refer to the current versions of these two Interagency forms because the two versions currently in rule have expired.


4.  Concerned persons may present their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted to Kelly O'Sullivan, Legal Counsel, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; or e-mailed to banking@mt.gov, and must be received no later than 5:00 p.m., April 1, 2013.


5.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Kelly O'Sullivan at the above address no later than 5:00 p.m., April 1, 2013.


6.  If the department receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those affected has been determined to be six persons based on the number of existing state-chartered banks which is 57.


7.  The Division of Banking and Financial Institutions maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this division.  Persons who wish to have their name added to the mailing list shall make a written request that includes the name and mailing address and e-mail address of the person to receive notices and specifies that the person wishes to receive notices regarding division rulemaking actions.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Written requests may be mailed or delivered to Wayne Johnston, Division of Banking and Financial Institutions, 301 S. Park, Ste. 316, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; e-mailed to banking@mt.gov; or may be made by completing a request form at any rules hearing held by the department.


8.  An electronic copy of this Proposal Notice is available through the department's web site at http://doa.mt.gov/administrativerules.mcpx.  The department strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that if a discrepancy exists between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the department works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.




By:   /s/ Sheila Hogan                                        By:   /s/ Michael P. Manion              

         Sheila Hogan, Director                                      Michael P. Manion, Rule Reviewer

         Department of Administration                          Department of Administration


Certified to the Secretary of State, February 19, 2013.


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