A State trust company must file a notice with the Commissioner before starting or expanding a subsidiary, and usually must wait 30 days after notice receipt before acting unless the Commissioner sets a different date, requests more information or time, or disapproves.
(a)Before acquiring, establishing, or performing activities through a subsidiary, a State trust company shall file a notice with the Commissioner, in the form required by the Commissioner, describing in detail the proposed activities of the subsidiary, the amount of the State trust company’s proposed investment in the subsidiary, and the State trust company’s proposed ownership interest in the subsidiary. (b)The State trust company may acquire or establish a subsidiary or begin performing activities in an existing subsidiary 30 days following the date the Commissioner receives the notice, unless the Commissioner: (1)Establishes an earlier or later date; (2)Notifies the State trust company that the notice raises issues that require additional information or additional time for analysis; or (3)Disapproves the acquisition, establishment, or performance of activities through the subsidiary. (c)If the Commissioner gives a notification described in subdivision (2) of subsection (b) of this section, the State trust company may acquire, establish or conduct activities through the subsidiary only on approval by the Commissioner. The Commissioner may disapprove the subsidiary if the Commissioner finds that the State trust company lacks sufficient resources to undertake the proposed expansion or perform the activity without adversely affecting its safety or soundness. (d)The Commissioner may make the establishment, acquisition, or performance of new activities through a subsidiary conditional and shall include any such conditions in an order. (e)The provisions of this section, rather than G.S. 53-342, shall apply to the establishment of a subsidiary by a State trust company. (f)Changes in ownership or control of a subsidiary of a State trust company shall be made only upon the approval of the Commissioner obtained in accordance with the procedures set forth in this section. History: History.2001-263, s. 1.