§ 6-1741. Application for exemption - Maintenance of exempt status - Change of control - Revocation of exempt status - Enforcement proceedings.

A.  1.  A private trust company requesting an exemption from the provisions of this act, pursuant to Section 1740 of this title, shall file an application with the Commissioner containing the following:

a.a nonrefundable application fee as set by the Department.  If the exemption request is made at the same time as the charter application is filed, no additional fee shall be required in connection with the exemption request.  If an exemption request is made after the private trust company charter has been issued, the fee for an exemption request shall be equal to that imposed by the Department in connection with branch bank applications,

b.a detailed statement under oath showing the private trust company's assets and liabilities as of the end of the month previous to the filing of the application,

c.a statement under oath of the reason for requesting the exemption,

d.a statement under oath that the private trust company is not currently transacting business with the public and that the company will not conduct business with the public without the prior written permission of the Commissioner,

e.the current street mailing address and telephone number of the physical location in this state at which the private trust company will maintain its books and records, together with a statement under oath that the address given is true and correct and is not a U.S. Postal Service post office box or a private mail box, postal box or mail drop, and

f.listing of the specific provisions of the act and Sections 101 through 1417 of the Oklahoma Banking Code for which the request for exemption is made.

2.  The Commissioner shall not approve a private trust company exemption unless the application is completed as required in paragraph 1 of this subsection.

B.  To maintain status as an exempt private trust company under this act, the private trust company:

1.  Shall not transact business with the public;

2.  Shall file an annual certification that it is maintaining the conditions and limitations of its exempt status.  This annual certification shall be filed on a form provided by the Commissioner and be accompanied by a fee equal to that imposed by the Department for registration statements filed under Section 104 of this title.  The annual certification shall be filed on or before June 30 of each year.  No annual certification shall be valid unless it bears an acknowledgment stamped by the Department.  The Department shall have thirty (30) days from the date of receipt to return a copy of the acknowledged annual certification to the private trust company.  The burden shall be on the exempt private trust company to notify the Department of any failure to return an acknowledged copy of any annual certification within the thirty-day period.  The Commissioner may examine or investigate the private trust company periodically as necessary to verify the certification;

3.  Shall comply with the principal office provisions of Section 1712 of this title and with the address and telephone requirements of subparagraph e of paragraph 1 of subsection A of this section; and

4.  Shall pay the corporate franchise tax, as certified by the Oklahoma Tax Commission.

C.  Control of an exempt private trust company may not be transferred or sold with exempt status.  In any change of control, the acquiring control person must comply with the provisions of this act, and the exempt status of the private trust company shall automatically terminate upon the effective date of the transfer.  A separate application for exempt status shall be filed if the acquiring person wishes to obtain or continue an exemption pursuant to this section.

D.  The Commissioner shall have authority to revoke the exempt status of a private trust company in the following circumstances:

1.  The exempt private trust company makes a false statement under oath on any document required to be filed by the act or by any rule promulgated by the Department;

2.  The exempt private trust company fails to submit to an examination of its books and records by the Commissioner;

3.  The exempt private trust company withholds requested information from the Commissioner; or

4.  The exempt private trust company violates any provision of this section applicable to exempt private trust companies.

E.  If the Commissioner determines from examination or other credible evidence that an exempt private trust company has violated any of the requirements of this section, the Commissioner may, by personal delivery or registered or certified mail, return receipt requested, notify the exempt private trust company in writing that the private trust company's exempt status has been revoked.  The notification shall state grounds for the revocation with reasonable certainty.  The notice shall state its effective date, which may not be before the fifth day after the date the notification is mailed or delivered.  The revocation takes effect for the private trust company if the private trust company does not request a hearing in writing before the effective date.  After taking effect, the revocation is final and nonappealable as to that private trust company, and the private trust company shall be subject to all of the requirements and provisions of the act and the Oklahoma Banking Code applicable to nonexempt state trust companies.

F.  A private trust company shall have five (5) calendar days after the revocation is effective to comply with the provisions of this act from which it was formerly exempt.  If, however, the Commissioner determines, at the time of revocation, that the private trust company has been engaging in or attempting to engage in acts intended or designed to deceive or defraud the public, the Commissioner may shorten or eliminate, in the Commissioner's sole discretion, the five-calendar-day compliance period.

G.  If the private trust company does not comply with all of the provisions of this act, including such capitalization requirements as have been determined by the Commissioner as necessary to assure the safety and soundness of the private trust company, within the prescribed time period, the Commissioner may:

1.  Institute any action or remedy prescribed by this act and the Oklahoma Banking Code, or any applicable rule or regulation; or

2.  Refer the private trust company to the Attorney General for institution of a quo warranto proceeding to revoke the charter.

Added by Laws 1998, c. 104, § 37, eff. Nov. 1, 1998.  Amended by Laws 2005, c. 48, § 19, eff. Nov. 1, 2005.