§ 19-3-6. Special investments.
(a) Subject to the limitations contained in this section, a financial institution may
invest in the capital stock of any financial institution or other insured-deposit-taking
institution duly organized under the laws of any state or of the United States or
of any holding company for the institution as defined in this section.
(b) For the purpose of this section, a company shall be a holding company:
(1) If it is a corporation registered and regulated under the laws of the United States
as a bank holding company; or
(2) If it is a corporation (whether or not so registered) organized under the laws of
the United States or any state thereof and it owns a majority of the capital stock
of one or more insured-deposit-taking institutions duly organized under the laws of
the United States or any state thereof, the stock of which is an authorized investment
under the provisions of this section, provided a majority in value of the corporation's
assets shall be invested in stock and/or securities of the insured-deposit-taking
institution.
(c)(1) Except as hereinafter provided, the aggregate amount of stocks held by a financial
institution pursuant to this section shall not exceed ten percent (10%) of the assets
of the financial institution.
(2)(i) The amount of stock of any one institution held pursuant to this section shall not
exceed three percent (3%) of the financial institution's total assets; and
(ii) The amount of stock of any one institution held pursuant to this section shall not
exceed five percent (5%) of the total issued and outstanding voting stock of the institution
being held.
(3) None of the limitations set forth in this subsection shall apply to holdings at any
time by a financial institution of the stock of any one or more banks of which the
financial institution is the holder, directly or indirectly, and with the approval
of the director, or the director's designee, pursuant to this title, of fifty percent
(50%) or more of the issued and outstanding voting stock.
(d) Nothing in this section shall be construed to render unlawful any holdings of bank
stocks at any time arising out of any merger or consolidation; or occurring from stock
dividends or the exercise of rights to subscribe to stock; or arising out of operation
of law; or accruing or arising out of foreclosure or other right of acquisition taken
as security in the regular course of business. In determining the amount of stock
of a bank held by a financial institution, the stock shall in all cases be valued
at its cost.