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Home » US Law » 2022 West Virginia Code » Chapter 31A. Banks and Banking » Article 8F. The West Virginia International Banking Act

§31A-8F-1. Legislative Purpose

(a) This article shall be known and may be cited as the "West Virginia International Banking Act". (b) This article is intended generally to provide for state regulation of the participation by foreign banks in certain financial markets of this state. (c) This article is intended: (1) To authorize banking activities and operations in West […]

§31A-8F-10. No Concurrent Maintenance of Federal Branches or Agencies

(a) No foreign bank which is licensed under this article to establish and maintain a West Virginia state agency shall concurrently maintain a federal branch or federal agency office in this state. (b) No foreign bank which maintains a federal branch or federal agency office in this state shall concurrently be licensed under this article […]

§31A-8F-11. Powers of a Foreign Bank Agency Office

(a) A West Virginia state agency office of a foreign bank established under this article may engage in the business of making loans and guaranteeing obligations for the financing of the international movement of goods and services and for all operational needs including working capital and short-term operating needs and for the acquisition of fixed […]

§31A-8F-12. Representative Office of Foreign Banks; Necessity of Licensure

(a) No foreign bank shall establish or maintain a West Virginia state representative office unless the foreign bank is licensed by the commissioner to maintain a West Virginia representative office. (b) Nothing in subsection (a) of this section shall be deemed to prohibit a foreign bank which maintains a federal agency or federal branch in […]

§31A-8F-13. Representative Office; Application

(a) The application for a license to establish and maintain a West Virginia representative office shall be in writing under oath and shall be in such form and contain such information as the commissioner may require by regulation or order. The application shall be accompanied by a fee of $250. (b) Each application to establish […]

§31A-8F-14. Representative Office; Factors for Approval of Application

(a) A foreign bank making an application for a license to establish and maintain a West Virginia representative office shall deliver to the commissioner two (or more as the commissioner may require in writing) duplicate originals of the foreign bank's application. (b) The commissioner may issue a license to a foreign bank to establish and […]

§31A-8F-15. Representative Office; Permissible Activities

(a) A foreign bank which is licensed to establish and maintain a West Virginia representative office may, subject to such rules as the commissioner may prescribe, engage in the following activities: (1) Solicitation for loans and in connection therewith the assembling of credit information, making of property inspections and appraisals, securing of title information, preparing […]

§31A-8F-16. Posting of License

Each foreign bank which is licensed to establish and maintain a West Virginia state agency or West Virginia representative office shall post its license in a conspicuous place at the office.

§31A-8F-19. Change of Control of Foreign Bank

A foreign bank which is licensed to establish and maintain a West Virginia state agency or West Virginia representative office shall file with the commissioner a written notice and request an amended license under section eighteen of this article no later than fourteen calendar days after the foreign bank becomes aware of any acquisition of […]

§31A-8F-2. Definitions

For purposes of this article: (a) The term "agency office" or "direct agency office" means an office of a foreign bank that is exercising the powers set forth and authorized by sections seven and eleven of this article. (b) The term "bank supervisory agency" means: (1) The office of the comptroller of the currency, the […]

§31A-8F-20. Relocation of Office; Written Notice Necessary

No foreign bank which is licensed to establish and maintain a West Virginia state agency or West Virginia representative office shall relocate any office unless the foreign bank provides prior written notice to the commissioner and the commissioner has approved such relocation in writing.

§31A-8F-21. Examination; Payment of Fees

(a) A West Virginia state agency or West Virginia representative office shall be subject to examination by the commissioner at intervals and in a manner as he or she shall establish by rule or order. Unless otherwise provided by rule or order the examinations may be conducted annually. (b) In conducting an examination pursuant to […]

§31A-8F-22. Supervision and Enforcement

(a) The commissioner shall have all of the powers granted to him or her by the laws of this state to the extent appropriate to enable him or her to supervise each West Virginia state agency or West Virginia representative office. (b) If, after notice and a hearing, the commissioner finds that any person has […]

§31A-8F-23. Reports

(a) Each foreign bank which is licensed to establish and maintain a West Virginia state agency or West Virginia representative office shall file with the commissioner such reports as and when the commissioner may require. (b) Each report filed with the commissioner under this article or any rule or order issued under this article shall […]

§31A-8F-24. Confidentiality of Examination Reports

All reports of examinations and other records relating to the financial condition of any foreign bank, branch, agency office or representative office shall be confidential and subject to subpoena in the same manner as those examinations and records of other financial institutions pursuant to section four, article two of this chapter.

§31A-8F-25. Books, Accounts and Records

Each foreign bank which is licensed to establish and maintain a West Virginia state agency or West Virginia representative office shall maintain or make available at any such office appropriate books, accounts and records in the English language reflecting: (i) All transactions effected by or on behalf of such office; and (ii) all actions taken […]

§31A-8F-26. Separate Assets

(a) Each foreign bank which is licensed to establish and maintain a West Virginia state agency in this state shall keep the assets of its business in this state separate and apart from the assets of its business outside this state as though the West Virginia office was conducted as a separate and distinct entity. […]

§31A-8F-27. Disclosure of Lack of Federal Deposit Insurance

Each foreign bank which is licensed to establish and maintain a West Virginia state agency shall clearly and conspicuously disclose that moneys held by or credit balances in such office are not insured by the federal deposit insurance corporation.