Unless a different meaning is required by the
context, the following definitions apply throughout this article:
(1)"Financial institution" means any bank, trust company,
corporate fiduciary, savings association, credit union, savings
bank, bank of discount and deposit, or industrial loan and
investment company organized or reorganized under the laws of
this state, and includes licensees under IC 24-4.4, IC 24-4.5, and
750 IAC 9.
(2)"Bank" or "bank or trust company" means a financial
institution organized or reorganized as a bank, bank of discount
and deposit, or trust company under the laws of this state with the
express power to receive and accept deposits of money subject to
withdrawal by check, and possessing such other rights and powers
granted by the provisions of this article in ex
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Unless a different meaning is required by the
context, the following definitions apply throughout this article:
(1) "Financial institution" means any bank, trust company,
corporate fiduciary, savings association, credit union, savings
bank, bank of discount and deposit, or industrial loan and
investment company organized or reorganized under the laws of
this state, and includes licensees under IC 24-4.4, IC 24-4.5, and
750 IAC 9.
(2) "Bank" or "bank or trust company" means a financial
institution organized or reorganized as a bank, bank of discount
and deposit, or trust company under the laws of this state with the
express power to receive and accept deposits of money subject to
withdrawal by check, and possessing such other rights and powers
granted by the provisions of this article in express terms or by
implication. The term "bank" or "bank or trust company" does not
include a savings association, credit union, or industrial loan and
investment company.
(3) "Domestic corporation" means a corporation formed under the
laws of this state, and "foreign corporation" means every other
corporation.
(4) "Articles of incorporation" includes both the original articles
of incorporation and any and all amendments thereto, except
where the original articles of incorporation only are expressly
referred to, and includes articles of merger and consolidation, and,
in the case of corporations organized before July 1, 1933, articles
of reorganization, and all amendments thereto.
(5) "Incorporator" means one (1) of the signers of the original
articles of incorporation.
(6) "Subscriber" means one who subscribes for shares of stock in
a financial institution.
(7) "Shareholder" means one who is a holder of record of shares
of stock in a financial institution.
(8) "Capital stock" means the aggregate amount of the par value
of all shares of capital stock.
(9) "Capital" means the aggregate amount paid in on the shares of
capital stock of a financial institution issued and outstanding.
(10) "Capital and surplus" or "unimpaired capital and unimpaired
surplus" has the meaning set forth in 12 CFR 32.2.
(11) "Assets" includes all of the property and rights of every kind
of a financial institution, and the term "fixed assets" means such
assets as are not intended to be sold or disposed of in the ordinary
course of business.
(12) "Principal office" means that office maintained by the
financial institution in this state, the address of which is required
by the provisions of this article to be kept on file in the office of
the secretary of state.
(13) "Subscription" means any written agreement or undertaking,
accepted by a financial institution, for the purchase of shares of
capital stock in the financial institution.
(14) "Department" means the department of financial institutions.
(15) "Member" means a member of the department of financial
institutions.
(16) "Branch" means any office, agency, mobile unit, messenger
service, or other place of business at which deposits are received,
checks paid, or money lent. The term does not include:
(A) the principal office of a bank;
(B) the principal office of an affiliate;
(C) a branch of an affiliate;
(D) an automated teller machine;
(E) a night depository;
(F) a temporary facility authorized in IC 28-2-13-22.5;
(G) a loan production office;
(H) a deposit production office; or
(I) other service delivery mechanisms not considered by the
director to be a branch.
(17) "Subsidiary" means any foreign or domestic corporation or
limited liability company in which the parent bank, savings bank,
savings association, or industrial loan and investment company
had at least eighty percent (80%) ownership before July 1, 1999,
or is formed or acquired in accordance with IC 28-13-16 after
June 30, 1999.
(18) "Savings bank" means a financial institution that:
(A) was organized, reorganized, or operating under IC 28-6
(before its repeal) before January 1, 1993;
(B) is formed as the result of a conversion under:
(i) IC 28-1-21.7;
(ii) IC 28-1-21.8;
(iii) IC 28-1-21.9; or
(iv) IC 28-1-30; or
(C) is incorporated under IC 28-12.
(19) "Corporate fiduciary" means a financial institution whose
primary business purpose is to engage in the trust business (as
defined in IC 28-14-1-8) and the execution and administration of
fiduciary accounts as a nondepository trust company incorporated
under Indiana law.
Formerly: Acts 1933, c.40, s.3a; Acts 1945, c.348, s.1; Acts
1965, c.356, s.23; Acts 1971, P.L.394, SEC.1. As amended by Acts
1977, P.L.289, SEC.1; P.L.262-1983, SEC.1; P.L.42-1993, SEC.20;
P.L.122-1994, SEC.39; P.L.262-1995, SEC.1; P.L.192-1997, SEC.1;
P.L.79-1998, SEC.34; P.L.62-1999, SEC.1; P.L.215-1999, SEC.1;
P.L.213-2007, SEC.34; P.L.217-2007, SEC.32; P.L.89-2011, SEC.31;
P.L.27-2012, SEC.35; P.L.137-2014, SEC.22.