{"data":{"id":"us-ok/okla.-stat.-tit.-6-6-501.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 6, § 6-501.2","heading":"Certificate to establish and operate a branch or relocate","body":"a branch – Application – Existing branches and detached facilities –\n\nTemporary branches – Deposit limitations – Construction with Title\n\n6, Sections 421 and 422.\n\nA. No bank shall be permitted to establish and operate a\n\nbranch, or relocate a branch, except upon a certificate issued by\n\nthe State Banking Commissioner or the Comptroller of the Currency.\n\nB. Upon approval of the Commissioner or Comptroller of the\n\nCurrency, any bank is authorized to establish and operate in\n\nOklahoma, on real property owned or leased by the bank, an unlimited\n\nnumber of branches by acquisition, de novo, or otherwise, whether\n\nfixed or mobile, at or from which any permissible function,\n\nbusiness, power, or activity of any kind whatsoever of the bank may\n\nbe performed or engaged in. Provided, however, no bank, savings\n\nbank, savings association, out-of-state bank, out-of-state savings\n\nbank, out-of-state savings association, industrial loan company or\n\nindustrial bank may establish or maintain a branch in this state on\n\nthe premises or property of an affiliate if the affiliate engages in\n\ncommercial activities. For purposes of this section, “affiliate”\n\nmeans any company that controls, or is controlled by another\n\ncompany, and “commercial activities” means activities in which a\n\nbank may not engage under federal law, either directly or indirectly\n\nthrough an operating subsidiary or financial subsidiary.\n\nC. Except for the procedures relating to establishment of\n\ntemporary branches, the procedures, standards and requirements for\n\nmaking application for permission to establish and operate a branch\n\nshall be set by rule of the Banking Board. However, no emphasis\n\nupon competition or competitive factors shall be imposed, and in no\n\nevent shall such rules impose standards, criteria, or requirements\n\nupon state-chartered banks which are more onerous than those\n\nexisting for national banks.\n\nD. All existing branches and detached facilities of a bank\n\nshall, upon the expiration of sixty (60) days after the effective\n\ndate of this act, by operation of law and without further action by\n\nthe bank or Commissioner, or the Comptroller of the Currency, become\n\nand be deemed lawful branches, fully authorized and validly existing\n\npursuant to this section. Provided, a bank may elect to opt-out of\n\nthe effects of this subsection as to one or more of its existing\n\ndetached facilities, by providing to its chartering authority, prior\n\nto the expiration of sixty (60) days after the effective date of\n\nthis act, a written notice that the bank has opted-out of the\n\neffects of this subsection with the result that one or more of its\n\ndetached facilities will continue to be classified as detached\n\nfacilities rather than as branches. The written notice must clearly\n\nidentify each particular detached facility to which it applies.\n\n“Existing branches and detached facilities”, for purposes of this\n\nsubsection, means branches or detached facilities which have been\n\napproved and are open and operating, or are approved but unopened,\n\nor for which application was made prior to the effective date of\n\nthis act and for which approval is given after the effective date of\n\nthis act.\n\nE. Any bank or savings association with its main office or a\n\nbranch office located in a county where an institution of higher\n\neducation is located, may open accounts and accept deposits on the\n\ncampus of the institution of higher education if notice is provided\n\nto the Department and written permission is granted by the\n\ninstitution, for no more than seven (7) days per year. The\n\nauthorization of this subsection shall be self-executing and no\n\napplication to the regulators of the bank or savings association\n\nshall be required by this section for a bank or savings association\n\nto comply with this subsection.\n\nF. A temporary branch may be established and operated upon\n\napproval of the Commissioner or Comptroller of the Currency. As\nno more than seven (7) days per year. The\n\nauthorization of this subsection shall be self-executing and no\n\napplication to the regulators of the bank or savings association\n\nshall be required by this section for a bank or savings association\n\nto comply with this subsection.\n\nF. A temporary branch may be established and operated upon\n\napproval of the Commissioner or Comptroller of the Currency. As\n\nused in this subsection, “temporary branch” means:\n\n1. A branch that is located at a fixed site that is within one\n\nthousand (1,000) feet of the location of the approved site of the\n\nsame bank for a permanent branch, and such temporary branch is\n\nscheduled to, and will, permanently close not later than a certain\n\ndate, no longer than one (1) year after the temporary branch is\n\nfirst opened, as specified in the permanent branch application and\n\nthe public notice. No separate fee shall be imposed for a temporary\n\nbranch approved under this paragraph if the temporary site is\n\noriginally described in an application seeking to establish a\n\npermanent branch;\n\n2. A branch that is approved for a limited period of time,\n\nwithout requirement of notice or hearing, as a temporary replacement\n\nfor a previously existing branch that is inoperable due to an\n\n“emergency” as defined in Section 102 of this title or that is\n\nestablished because of an emergency in a community that prevents\n\naccess to an established branch by customers in a specified\n\ncommunity. Approval of a temporary branch established under this\n\nparagraph shall expire at the time the emergency that caused the\n\nestablishment of the temporary branch no longer exists. No separate\n\nfee shall be imposed for a temporary branch approved under this\n\nparagraph; or\n\n3. Branches that are approved for a limited time not to exceed,\n\nin the aggregate, fifteen (15) days per year, per institution, that\n\nwill be operated during special events open to the public or to\n\nmembers of a specific group. The application fee for a temporary\n\nbranch under this paragraph shall be the same as that charged for a\n\nloan and deposit production office. Requests to establish a branch\n\nunder this paragraph must be made on a form prescribed by the\n\nCommissioner.\n\nG. The Board may, by rule, establish a procedure whereby the\n\nCommissioner may grant approval and issue the certificate to\n\nestablish or acquire and operate or relocate a branch or other\n\nbanking office permitted by this section without a hearing before\n\nthe Board. The procedure shall include criteria set by the Board to\n\nbe applied by the Commissioner in the consideration of the\n\napplication.\n\nH. Notwithstanding subsection C of this section, an application\n\nfee for branch, branch relocation or other banking office\n\napplications may be assessed in amounts set by rule of the Board.\n\nI. 1. It shall be unlawful for any bank or out-of-state bank\n\nwhich has direct or indirect control of more than twenty percent\n\n(20%) of the total amount of deposits of insured depository\n\ninstitutions located in Oklahoma, as determined by the Commissioner\n\non the basis of the most recent reports of such institutions to\n\ntheir supervisory authorities, to acquire any other bank or savings\n\nassociation in this state.\n\n2. The deposit limitation provided for in this subsection shall\n\nnot apply to disallow an acquisition of a bank or savings\n\nassociation if control results only by reason of ownership or\n\ncontrol of shares of a bank or savings association acquired directly\n\nor indirectly:\n\na. in a good faith fiduciary capacity, except when such\n\nshares are held for the benefit of the acquiring\n\nbank’s shareholders,\n\nb. by a bank in the regular course of securing or\n\ncollecting a debt previously contracted in good faith,\n\nor\n\nc. at the request of or in connection with the exercise\n\nof regulatory authority for the purpose of preventing\ntes - Title 6. Banks and Trust Companies Page 77\n\na. in a good faith fiduciary capacity, except when such\n\nshares are held for the benefit of the acquiring\n\nbank’s shareholders,\n\nb. by a bank in the regular course of securing or\n\ncollecting a debt previously contracted in good faith,\n\nor\n\nc. at the request of or in connection with the exercise\n\nof regulatory authority for the purpose of preventing\n\nimminent failure of the bank or savings association or\n\nto protect the depositors thereof as determined by the\n\nprincipal supervisory agency in its sole discretion.\n\nHowever, at the end of a period of five (5) years from the date of\n\nacquisition, for the circumstances set forth in subparagraphs b and\n\nc of this paragraph, the deposits of the acquired bank or savings\n\nassociation shall be included in computing the deposit limitation\n\nand if deposits are in excess, appropriate reductions and\n\ndisposition shall be made with six (6) months to meet such\n\nlimitations. Further, in the circumstances set forth in\n\nsubparagraph c of this paragraph, the Commissioner and Federal\n\nDeposit Insurance Corporation shall give priority in authorizing any\n\nsuch acquisition to any acquiring bank whose total deposits do not\n\nexceed the deposit limitation.\n\nJ. The provisions of this section shall not be construed in\n\nderogation or denial of the rights to operate and maintain\n\nfacilities as provided for in Sections 421 and 422 of this title.\n\nK. An operating subsidiary of a bank which engages in the\n\nbusiness of owner-occupied home mortgage lending shall not be\n\nconsidered a branch under this section in order to conduct such\n\nlending operations at any location.","path":["OK Code","Title 6"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os6.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9d4e5db34e05c0a69bd960e41fc02e3e5b65a60cc837d8778b69bc692f5b95d8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-6-6-501.1","next":"us-ok/okla.-stat.-tit.-6-6-502"},"notice":"GroundRules: Original legal text. Not legal advice."}