Chapter 1301:1-1 Notice of Meetings of the Banking Board

1301:1-1-01 Notification of public hearings.

(A) Public notice of the proposed adoption, amendment, or rescission of any rule under section 1121.03 of the Revised Code by the superintendent of financial institutions, when notice is required by statute to be given, shall be given in the register of Ohio.

(B) Whenever the superintendent determines that more widespread notice than that provided for in paragraph (A) of this rule is necessary, the superintendent may direct that the notice be made by whatever additional means the superintendent determines to be appropriate for the circumstances. Further, if public notice of the proposed action, as required by this rule, is impossible to complete due to a strike or other interruption of communication facilities, the superintendent may give such notice as conditions will permit.

Effective: 02/03/2007
R.C. 119.032 review dates: 11/15/2006 and 11/15/2011
Promulgated Under: 119.03
Statutory Authority: 1121.03
Rule Amplifies: 1121.03
Prior Effective Dates: 12/15/00, 4/7/90, 1/16/81

1301:1-1-02 Open public meetings of the banking commission.

(A) This rule is adopted in compliance with, and under the authority of division (F) of section 121.22 of the Revised Code, as amended, effective October 26, 1999.

(B) Any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings of the banking commission by:

(1) Writing to the following address: "deputy superintendent for banks, 77 South High Street, Columbus, Ohio 43266-0121;"

(2) Calling the following telephone number during normal business hours: 614-728-8400; or

(3) Inquiring at the reception desk for the division of financial institutions on the twenty-first floor of 77 South High Street, Columbus, Ohio.

(C) Any representative of the news media may obtain notice of all special meetings by requesting in writing that the notice be provided. Notice will only be given, to one representative of any particular publication or radio or television station. A request for notification shall be addressed to: "deputy superintendent for banks, 77 South High Street, Columbus, Ohio 43266-0121." The request shall provide the name of the individual media representative to be contacted, the representative's mailing address and a maximum of two telephone numbers where the representative can be reached. The deputy superintendent shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.

(1) In the event of a special meeting not of an emergency nature, the deputy superintendent shall notify each media representative on the list of the meeting by doing at least one of the following:

(a) Sending written notice, which may be mailed no later than four calendar days prior to the date of the special meeting;

(b) Giving notice by telephone no later than twenty-four hours prior to the special meeting; telephone notice shall be complete if a message has been left for the representative, or if, after reasonable effort, the deputy superintendent has been unable to provide telephone notice;

(c) Giving notice in person no later than twenty-four hours prior to the special meeting.

(2) In the event of a special meeting of an emergency nature, the deputy superintendent shall notify all media representatives on the list of the meeting by any of the means described above, or by notifying the clerk of the state house press room. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible.

(D) Any person may receive notice of all meetings of the banking commission at which specific subject matters designated by that person are scheduled to be discussed. The deputy superintendent shall maintain a list of all persons who have requested such notification. In order to receive notification, A person must provide to the deputy superintendent sufficient quantities of self-addressed, stamped envelopes for the mailing of the notices. The deputy superintendent shall mail the notices no later than five calendar days prior to the day of a meeting at which the specified subject is scheduled to be discussed, except in the case of a special meeting of an emergency nature, in which case the deputy superintendent shall mail the notices as soon as is practicable after such a meeting is scheduled. The deputy superintendent may require persons requesting notice under this paragraph to select from among categories of the public business of the banking commission, that have been previously established by the deputy superintendent.

R.C. 119.032 review dates: 11/15/2006 and 11/15/2011

Promulgated Under: 119.03

Statutory Authority: 1121.03

Rule Amplifies: 121.22 , 1123.

Prior Effective Dates: 12/15/00, 4/7/90, 11/10/81, 1/16/81

1301:1-1-03 Personal service.

(A) Any service required or authorized to be made under section 1121.37 of the Revised Code may, in accordance with that section, be made by personal service by the superintendent of financial institutions or the superintendent's designee.

(B) When service is made by personal service pursuant to this rule, the service shall be evidenced by a written receipt signed and dated at the time of the service by the person upon whom service is made. When service is made by personal service upon a person who is not a natural person, the service shall be made by delivery to the president or secretary or treasurer or cashier or chairman of the board or a vice president of the person and the president, secretary, treasurer, cashier, chairman of the board, or vice president shall sign and date the receipt of service in the officer's official capacity.

R.C. 119.032 review dates: 11/15/2006 and 11/15/2011

Promulgated Under: 119.03

Statutory Authority: 1121.03

Rule Amplifies: 1121.37

Prior Effective Dates: 12/15/00, 4/7/90

1301:1-1-04 Designations and names that include bank, banker, banking, or trust.'.

(A) The prohibitions in section 1101.15 of the Revised Code apply to all names and designations under which business is done in this state, including legal names, fictitious names, trade names, trade marks, and service marks, and to all business forms, including corporations, partnerships, limited liability companies, and sole proprietorships.

(B) The prohibitions in section 1101.15 of the Revised Code apply to any names or designations that include "bank," "banker," "banking", or "trust" whether as standalone words, compound words, fanciful words, words with prefixes or suffixes, or words with extensions, such as ".com" or ".org".

(C) (1) A designation or name that includes "bank," "banker," or "banking" is likely to mislead the public if, in the opinion of the superintendent of financial institutions, the listener or reader would reasonably understand the designation or name as the designation or name of a bank, without regard to whether there is, has been, or may be a bank by the designation or name being used.

(2) The superintendent may determine a name that includes "bank," "banker," or "banking" is not likely to mislead the public, i.e., the listener or reader would not reasonably understand the designation or name as the designation or name of a bank, in any of the following circumstances:

(a) If, in the opinion of the superintendent, the designation or name, on its face, clearly identifies the user as something other than a bank;

(b) If, in the opinion of the superintendent, the use of "bank," "banker," or "banking" in the designation or name merely indicates an association or affiliation with one or more banks or bankers, a geographic reference, or the proper name of a natural person;

(c) If, in the opinion of the superintendent, the designation or name, on its face, is one that is commonly understood not to involve financial services or activities, such as "food bank," "blood bank," or "eye bank";

(d) If, in the case of a company that controls one or more banks, the designation or name, on its face, includes the designation or name of a bank the company controls at the time the company uses the designation or name that includes "bank," "banker," or "banking" and something more that distinguishes the designation or name of the company from the designation or name of the bank.

(3) In determining whether a designation or name that includes "bank," "banker," or "banking" is not likely to mislead the public, it is not relevant whether the user of the designation or name is operating for profit or not.

(D) (1) A designation or name that includes "trust" is likely to mislead the public if, in the opinion of the superintendent of financial institutions, the listener of reader would reasonably understand the designation or name as the designation or name of either a person engaged in trust business or a bona fide trust, without regard to whether there is, has been, or may be a person engaged in trust business or a bona fide trust by the designation or name being used.

(2) The superintendent may determine a name that includes "trust" is not likely to mislead the public, i.e., the listener or reader would not reasonably understand the designation or name as the designation or name of a either a person engaged in trust business or a bona fide trust, in any of the following circumstances:

(a) If, in the opinion of the superintendent, the designation or name, on its face, clearly identities the user as something other than a person engaged in trust business or a bona fide trust;

(b) If, in the opinion of the superintendent, the use of "trust" in the designation or name merely indicates an association or affiliation with one or more persons engaged in trust business or bona fide trusts, a geographic reference, or the proper name of a natural person;

(c) If, in the case of a company that controls one or more persons engaged in trust business or bona fide trusts, the designation or name, on its face, includes the designation or name of a person authorized to engage in trust business or a bona fide trust the company controls at the time the company uses the designation or name that includes "trust" and something more that distinguishes the designation or name of the company from the designation or name of the person authorized engage in trust business or bona fide trust;

(d) If, in the opinion of the superintendent, use of "trust" in the designation or name, on its face, is one that is commonly understood not to involve fiduciary activities, trust business, or bona fide trusts.

(3) It may not be likely to mislead the public for a bank, savings association, or savings bank that engages in trust business through a subsidiary, rather than directly, to use a designation or name that includes "trust," if the subsidiary is a person authorized to engage in trust business.

(4) In determining whether a designation or name that includes "trust" is not likely to mislead the public, it is not relevant whether the user of the designation or name is operating for profit or not.

(E) A determination by the superintendent under section 1101.15 of the Revised Code that a designation or name is not likely to mislead the public:

(1) Is merely a determination for the purposes of section 1101.15 of the Revised Code, i.e., to protect the public from misunderstanding the designation or name is that of a bank, someone engaged in trust business, or a bona fide trust when it is not;

(2) Is not a determination of any of the following:

(a) The designation or name is not misleading for any other purpose;

(b) The person using the name or designation is not misrepresenting itself as a bank, person authorized to engage in trust business, or a trust;

(c) The person using the designation or name is not subject to other licensing requirements before engaging in its business in this state;

(3) Is not an opinion on the availability of the name or designation, an authorization to use the name or designation, or protection for the user against any lawful claims of persons or entities having superior rights in the same or a similar name or designation.

(F) A determination by the superintendent under section 1101.15 of the Revised Code that a designation or name is not likely to mislead the public does not extend to any other variation on the designation or name.

(G) Division (A) of section 1101.15 of the Revised Code does not prohibit a savings bank or savings and loan association doing business under authority granted by the division of financial institutions or the savings bank or savings and loan association chartering authority of another state or country or a federal savings association doing business in this state under a designation or name that includes "bank," "banker," or "banking."

R.C. 119.032 review dates: 11/15/2006 and 11/15/2011

Promulgated Under: 119.03

Statutory Authority: 1121.03

Rule Amplifies: 1101.15

Prior Effective Dates: 7/28/01

1301:1-1-05 Reimbursement to banks and trust companies for assembling or providing financial records.

This rule is issued by the superintendent of financial institutions pursuant to division (C) of section 9.02 of the Revised Code. It establishes the rates and conditions for reimbursement of actual and necessary costs directly incurred by banks and trust companies in assembling or providing customer financial records to any party.

(A) Except as provided in this rule or in section 9.02 of the Revised Code, any party, including a governmental authority, that requires or requests a bank or trust company to assemble or provide a customer's financial records shall pay the bank or trust company for all actual and necessary costs directly incurred in searching for, reproducing, or transporting these records according to the following schedule:

(1) Search and processing costs. Reimbursement of search and processing costs shall be the total amount of personnel direct time incurred in locating and retrieving, reproducing, packaging, and preparing financial records for shipment. The rate for search and processing costs is ten eleven dollars per hour per person for clerical or technical personnel, computed on the basis of two dollars and seventy-five cents per quarter hour or fraction thereof, and seventeen dollars per hour per person for managerial or supervisory personnel, computed on the basis of four dollars and twenty-five cents per quarter hour or fraction thereof, and is limited to the total amount of personnel time spent in locating and retrieving documents or information or reproducing or packaging and preparing documents for shipment where required or requested by a party. Specific salaries of such persons shall not be included in search costs. In addition, search and processing costs do not include salaries, fees, or similar costs for analysis of material or for managerial or legal advice, expertise, research, or time spent for any of these activities. If itemized separately, search and processing costs may include the actual cost of extracting information stored by computer in the format in which it is normally produced, based on computer time and necessary supplies; however, personnel time for computer search may be paid for only at the rate specified in this paragraph.

(2) Reproduction costs. Reimbursements for reproduction costs shall be for costs incurred in making copies of documents required or requested. The rate for reproduction costs for making copies of required or requested documents is as follows:

(a) Twenty-five cents per page for photocopies;

(b) Twenty-five cents per page for paper copies of microfiche;

(c) Fifty cents per microfiche for duplicate microfiche; and

(d) Five dollars for each computer diskette or compact disk.

(3) Transportation costs. Reimbursement for transportation costs shall be for necessary costs, directly incurred, to transport personnel to locate and retrieve the information required or requested; and necessary costs, directly incurred solely by the need to convey the required or requested material to the place of examination.

(B) A bank or trust company is not entitled to reimbursement under this rule for costs incurred in assembling or providing the following records or information:

(1) Security interest, bankruptcy claims, debt collection. Any financial records provided as an incident to perfecting a security interest, proving a claim in bankruptcy, or otherwise collecting on a debt owing either to the bank or trust company itself or in its role as a fiduciary.

(2) Nonidentifiable information. Financial records that are not identified with or identifiable as being derived from the financial records of a particular customer.

(C) Payment shall be limited to material required or requested. Payment shall be made only for costs that are directly incurred, actual, and necessary. No payment must be made until the bank or trust company satisfactorily complies with the request or requirement, except that in the case where the request or requirement is withdrawn or revoked, the bank or trust company shall be reimbursed for the actual and necessary costs directly incurred in assembling financial records required or requested to be produced prior to the time the party notifies the bank or trust company that the request or requirement is withdrawn or revoked. No payment must be made unless the bank or trust company submits an itemized bill or invoice showing specific details concerning search and processing, reproduction, and transportation costs.

(D) For the purposes of this rule, the term "costs directly incurred" means costs incurred solely and necessarily as a consequence of searching for, reproducing or transporting books, papers, records, or other data, in order to comply with a request or requirement to produce a customer's financial records. The term does not include any allocation of fixed costs (overhead, equipment, depreciation, etc.). If a bank or trust company has financial records that are stored at an independent storage facility that charges a fee to search for, reproduce, or transport particular records requested, these costs are considered to be directly incurred by the bank or trust company.

(E) Where terms used in this rule are defined in section 9.02 of the Revised Code, they shall have the meaning set forth in that section.

Effective: 02/03/2007
R.C. 119.032 review dates: 11/15/2006 and 11/15/2011
Promulgated Under: 119.03
Statutory Authority: 9.02 , 1121.03
Rule Amplifies: 9.02
Prior Effective Dates: 02/18/02