(a) As used in this act, unless another definition is specifically provided for a section, article or chapter of this act:
(i) "Bank" means any corporation, excluding national banks, having a place of business within this state which engages in banking business, and includes a special purpose depository institution, subject to the limitations set forth in W.S. 13-12-101 through 13-12-126;
(ii) "Banking business" means opening credits by the deposit or collection of money or negotiable paper subject to be paid upon draft, receipt, check or order;
(iii) "Bank holding company" means a company that is a bank holding company under the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. 1841, et seq., and unless the context requires otherwise, for purposes of W.S. 13-2-802 through 13-2-810 and 13-9-306 through 13-9-316 includes a Wyoming bank holding company, an out-of-state bank holding company and a foreign bank holding company;
(iv) "Board" means the state banking board;
(v) "Commissioner" means the state banking commissioner;
(vi) "Customer" means any person having an account with a bank or for whom a bank has agreed to collect items including a bank carrying an account with another bank;
(vii) "Director" means the director of the state department of audit;
(viii) "Executive officer" means a person who participates or has authority to participate, other than in the capacity of a director, in major policymaking functions of the company or bank, whether or not the officer has an official title, the title designates the officer an assistant, or the officer is serving without salary or other compensation. The chairman of the board, the president, every vice president, the cashier, the secretary and the treasurer of a company or bank are considered executive officers, unless the officer is excluded, by resolution of the board of directors or by the bylaws of the bank or company, from participation, other than in the capacity of a director, in major policymaking functions of the bank or company, and the officer does not actually participate therein. An executive officer of a bank includes an executive officer of a bank holding company of which the bank is a subsidiary and any other subsidiary of that bank holding company, unless the executive officer of the subsidiary is excluded, by name or by title, from participation in major policymaking functions of the bank by resolutions of the boards of directors of both the subsidiary and the bank, and does not actually participate in such major policymaking functions;
(ix) "Financial institution" means a bank, savings and loan association, trust company or state chartered credit union;
(x) "Instrument" means a negotiable instrument as defined by W.S. 34.1-3-104;
(xi) "Legal holiday" means:
(A) Any day of public thanksgiving, mourning or disaster proclaimed or appointed by the governor or president of the United States;
(B) A day designated a holiday by W.S. 8-4-101;
(C) Sundays; and
(D) Any day on which the federal reserve banks are closed for business.
(xii) "National banking association" or "national bank" means a banking association chartered by the United States;
(xiii) "Officer" means any person designated an officer by the bylaws of a bank including any executive officer, the chairman of the board of directors, the chairman of the executive committee, the president, vice-president, cashier and any trust officer, assistant vice-president, assistant treasurer, assistant cashier, assistant comptroller or any person who performs the duties appropriate to those offices;
(xiv) "This act" unless otherwise indicated means W.S. 13-1-101 through 13-11-101;
(xv) "Trust business" means the holding out by a person to the public at large by advertising, solicitation or other means that such person is available to act as an executor, administrator, guardian, conservator or trustee in this state and accepting and undertaking to perform the duties in such a capacity in the regular course of his business;
(xvi) "Special purpose depository institution" means a corporation operating pursuant to W.S. 13-12-101 through 13-12-126.
(a) Subject to W.S. 13-12-102, this act applies to all banks in this state organized under this act and to national banks where specifically provided by the text.
(b) The Financial Technology Sandbox Act shall apply to this act.
(a) A foreign corporation does not transact banking business in Wyoming by reason of the following activities:
(i) Purchasing evidences of debt, mortgages or liens on property;
(ii) Securing or collecting debts or enforcing any rights in property securing the debts.
(a) No person or entity shall advertise, issue or circulate any paper or exhibit any sign using any of the terms "bank", "banker", "banking", "special purpose depository institution", or words of similar import, or use the name of any other financial institution as defined by W.S. 13-1-101(a)(ix) until they have fully complied with this act or W.S. 13-12-101 through 13-12-126.
(b) Consistent with subsection (a) of this section, a special purpose depository institution may refer to itself as a bank.
13-1-205. Financial institutions; consumer reports; encumbrance of assets; immunity.
(a) Any financial institution as defined in W.S. 13-1-101(a)(ix), national chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund or similar entity authorized to do business in the state shall:
(i) Enter into an agreement with the department of family services to provide identifying information for each noncustodial parent who maintains an account at the institution and who the department of family services identifies as owing past due child support, provided:
(A) Any financial institution entering into agreement with the department pursuant to this section shall be entitled to recover its reasonable and necessary charges for researching or providing information pursuant to a request;
(B) Each financial institution shall have an agreement with the department setting a time schedule for developing an agreement for providing the information required pursuant to this section.
(ii) In response to a notice of lien or levy, encumber and, pursuant to court order, surrender assets of a noncustodial parent who is identified by the department of family services as owing past due child support which are maintained at the financial institution or national chartered credit union in a demand deposit account, checking or other negotiable withdrawal order account, savings or share account, time deposit account or money market mutual fund account. Any assets in an account protected under the federal Employee Retirement Income Security Act shall be subject to a lien under this section, but shall not be surrendered by the financial institution or national chartered credit union.
(b) Any financial institution as defined in W.S. 13-1-101(a)(ix), national chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund or similar entity authorized to do business in the state shall not be liable to any person for:
(i) Any disclosure of information provided to the department of family services under this section;
(ii) Encumbering pursuant to notice from the department, or surrendering pursuant to court order, any assets held by the institution or credit union in response to a notice of lien or levy issued by the department of family services; or
(iii) Any other action taken in good faith to comply with the provisions of this section.
13-1-206. Financial institutions; fiduciary and custodial accounts; bankruptcy and receivership treatment.
(a) Covered accounts under the administration or management of a financial institution, as defined in W.S. 13-1-101(a)(ix), that meet the requirements of subsection (b) of this section shall not be deemed assets or liabilities of the financial institution for the purposes of any receivership or conservatorship under this title or a bankruptcy, receivership or other similar proceeding under federal law. This section, and other applicable provisions of Titles 4, 13 and 34, Wyoming Statutes, shall govern whether an account is a custodial account for the purposes of any proceedings pursuant to titles 7, 11, 12 and 15 of the United States Code or similar insolvency, receivership, conservatorship or restructuring proceedings.
(b) Consistent with subsection (a) of this section, a covered account shall be subject to the following requirements:
(i) The covered account shall be governed by a written agreement consistent with subsection (d) of this section;
(ii) Assets held in the covered account shall be segregated from the assets and liabilities of the financial institution, and shall be accounted for separately on the books and records of the financial institution;
(iii) Digital assets held in a covered account may be held in omnibus digital wallets that are commingled with digital assets held in other covered accounts, provided that the books and records of the financial institution reflect the assets held in each covered account;
(iv) Assets of the financial institution shall not be commingled with assets held in covered accounts;
(v) A financial institution may utilize a subcustodian to maintain a covered account if the agreement specified by paragraph (i) of this subsection meets each of the following requirements:
(A) Explicitly identifies the subcustodian by name; and
(B) The subcustodian may not commingle fiat or digital assets held in the covered account with the fiat or digital assets of the subcustodian.
(vi) The staking of digital assets held in a covered account shall be permitted, but only if the agreement specified by paragraph (i) of this subsection meets each of the following requirements:
(A) Explicitly authorizes staking;
(B) Prior to and after staking, the digital assets may never be commingled in digital wallets with the digital assets of the financial institution or any third party service provider;
(C) Third parties who provide staking services for covered accounts shall maintain a written agreement that prior to and after staking, customer digital assets are never commingled with the digital assets of that third party service provider; and
(D) Otherwise complies with W.S. 34-29-104.
(vii) Digital assets in a covered account may be held on third-party platforms for the limited purpose of trade execution, but only if the agreement specified by paragraph (i) of this subsection:
(A) Explicitly authorizes trading on third-party platforms;
(B) Provides that digital assets may not be held on third-party platforms for a period of time longer than reasonably required to execute transactions;
(C) Otherwise complies with W.S. 34-29-104.
(viii) Stablecoin reserves may be held in covered accounts and are subject to this section, but only if the financial institution complies with this section;
(ix) The covered account meets all other applicable requirements of law, including title 4 of the Wyoming statutes, W.S. 34-29-101 through 34-29-209 and 34.1-1-101 through 34.1-9-809.
(c) Covered account agreements between financial institutions and customers shall include the following or similar language: "This is a covered account agreement entered into pursuant to W.S. 13-1-206. All parties intend for this agreement to create a covered account under which the assets provided pursuant to this agreement remain the property of the customer and not the financial institution. The financial institution agrees to comply with W.S. 13-1-206 and to refrain from commingling any customer assets with assets of the financial institution."
(d) If a covered account will hold stablecoin reserves, the covered account agreements between financial institutions and customers shall include the following or similar language: "This covered account will hold stablecoin reserves and the beneficiaries of this covered account are the holders of the corresponding stablecoins."
(e) Nothing in this section shall be construed as restricting or prohibiting use of a subcustodian that maintains a custodial account which complies with the requirements of this section.
(f) As used in this section:
(i) "Covered account" means either a custodial account or a fiduciary account;
(ii) "Custodial account" means an account under which a financial institution provides custodial services, as provided in W.S. 34-29-104(a);
(iii) "Custodial account agreement" means the agreement between a financial institution and customer pursuant to subsection (b) of this section;
(iv) "Fiduciary account" means an account governed by Title 4, Wyoming Statutes, and is an account established by a financial institution for which the institution owes a fiduciary duty to a customer and involves the exercise of substantial discretion, which shall include investment advice or investment decision making relating to financial assets, including currency, digital assets, securities and commodities;
(v) "Fiduciary account agreement" means the agreement between a financial institution and customer pursuant to subsection (b) of this section;
(vi) "Stablecoin" means digital assets that are designed to maintain a stable value in relation to another asset and which a holder of the stablecoin may convert, redeem or repurchase for another asset. "Stablecoin" includes the Wyoming Stable Token identified in W.S. 40-31-102(a)(viii);
(vii) "Stablecoin reserves" means the fiat or digital assets which are intended to be used for exchanging stablecoin for fiat or digital assets;
(viii) "Staking" means committing digital assets to participate in the validation of transactions relating to a blockchain protocol, or any substantially similar analog;
(ix) "Subcustodian" means a third-party that provides technical services concerning digital asset and fiat custody and that is a financial institution, licensed money transmitter under W.S. 40-22-101 et seq. or a bank organized under the laws of the United States.
(a) Any bank may close on legal holidays and Saturday. Each day the bank is closed is not a business day. Any act required or permitted to be performed by a bank on Saturday may be performed on the next succeeding business day and no liability or loss of rights shall result.
(b) If the state banking commissioner believes that an emergency exists affecting any bank, he may authorize the bank to close and shall make a public announcement of the authorization. As used in this subsection "emergency" includes any condition which may interfere with the conduct or the normal operations of a bank or poses a threat to the safety or security of employees or property of a bank.
(c) If the officers of a bank believe that conditions exist which pose a threat to the safety or security of bank personnel or property, they may close the bank.
(d) A bank may close temporarily if the convenience and need of the local community in which the bank is located would best be served by the closing. A bank shall not be closed for more than twenty-four (24) consecutive hours pursuant to this subsection.
(e) As used in this section, "bank" includes the main office and any branches.
(f) Any transaction by a bank performed outside regular banking hours is not invalid solely because of that fact.
(a) For purposes of this article:
(i) "Consumer deposit account" means a demand or other similar deposit account established and maintained by a natural person with a financial institution and operated primarily for personal, family or household purposes;
(ii) "Financial institution" means any bank, savings and loan association, trust company or credit union having a place of business in Wyoming, whether chartered or organized under the laws of Wyoming or the laws of the United States. "Financial institution" includes a Wyoming branch of an out-of-state bank resulting from an interstate merger pursuant to article 8 of chapter 2 of this title.
13-1-402. Disclosure of date when account opened; exception; penalty.
(a) All checks, drafts or similar negotiable or nonnegotiable instruments or orders of withdrawal which are drawn against funds held by a financial institution located in Wyoming in a consumer deposit account shall, for a period of not less than twelve (12) months, clearly display on the face thereof the month and year in which the account was opened. This section does not apply to temporary checks, drafts or similar negotiable or nonnegotiable instruments or orders of withdrawal, or to a consumer deposit account where the applicant either demonstrates through the production of monthly statements or represents in a writing, certified under sworn oath or affirmation, that for twelve (12) months immediately preceding his application he has had an account at the same or another financial institution. A written representation made to avoid this section is subject to W.S. 6-5-303.
(b) No liability or penalty shall be imposed on any depositor, financial institution or printer for an unintentional failure to comply with this section.
(a) As used in this article:
(i) "Wyoming financial institution" means any bank, savings and loan association or trust company chartered or organized under the laws of Wyoming;
(ii) "Financial institution" means any bank, savings and loan association, trust company or credit union chartered or organized under the laws of any state other than Wyoming or chartered or organized under the laws of the United States;
(iii) Repealed By Laws 1999, ch. 42, § 3.
(iv) "Person" means an individual, partnership, corporation, or any other entity, but excludes a Wyoming financial institution and a financial institution;
(v) "Remote electronic terminal" means an electronic device, wherever located, through which a consumer may initiate an electronic funds transfer or may order, instruct or authorize a Wyoming financial institution or financial institution to debit or credit an account and includes an automated teller machine, an automated loan machine or any other machine or device which may be used to carry out electronic banking business. "Remote electronic terminal" does not include point of sale terminals or telephones or personal computers operated by a consumer.
(a) A Wyoming financial institution may operate remote electronic terminals without geographic restriction, subject to the requirements and limitations of this article. A financial institution or person may operate remote electronic terminals in this state without geographic restriction, subject to the requirements and limitations of this article.
(b) Repealed by Laws 1992, ch. 46, § 2.
(c) Repealed By Laws 1999, ch. 42, § 3.
(d) A Wyoming financial institution shall not use a remote electronic terminal to replace a branch bank unless the branch bank is to be closed in accordance with the laws of this state and unless the state banking commissioner has approved the closure.
(e) Repealed By Laws 1999, ch. 42, § 3.
(f) A Wyoming financial institution, financial institution or person operating remote electronic terminals in this state may impose a transaction fee for the use of the remote electronic terminal. The amount of the transaction fee shall be disclosed by electronic display at a time and manner that allows a user to terminate or cancel the transaction without incurring the transaction fee.
(g) Repealed By Laws 1999, ch. 42, § 3.
(h) Repealed By Laws 1999, ch. 42, § 3.
(j) No person shall operate a remote electronic terminal in this state unless the commissioner has approved a written sponsorship agreement between the person and a Wyoming financial institution or a financial institution having a place of business in this state. Every sponsorship agreement shall include the following information:
(i) The name, address and telephone number of the owner of the remote electronic terminal;
(ii) The name and address of the institution;
(iii) The names of the network systems that will be utilized;
(iv) A list of the location and address where each remote electronic terminal covered by the agreement will be located.
(k) An owner of a remote electronic terminal shall operate the terminal in compliance with applicable federal, state and local laws governing the management, operation and safety of the terminal. No agreement to operate or share a remote electronic terminal shall prohibit, limit or restrict the right of a Wyoming financial institution or other financial institution having a place of business in this state to charge a customer any fee not prohibited by state or federal law. No agreement to operate or share a remote electronic terminal shall require a Wyoming financial institution or other financial institution having a place of business in this state to limit or waive its rights or obligations under this article.
(m) Repealed by Laws 2017, ch. 23, § 2.
(n) A Wyoming financial institution or person operating a remote electronic terminal in this state who, after receiving notice from the commissioner, fails to comply with any of the provisions of this section or rule or regulation adopted pursuant to this section, is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00), imprisonment for not more than one (1) year, or both.
(o) The attorney general, upon request from the commissioner, may bring an action in a court of competent jurisdiction for an injunction to enjoin a Wyoming financial institution, a financial institution or person from violating any of the provisions of this article or any rule adopted pursuant to this article. No injunction shall be granted unless the commissioner, prior to seeking the injunction, provided written notice of the violation to the institution or person sought to be enjoined.
(p) A Wyoming financial institution, financial institution or person operating a remote electronic terminal in this state may enter into an agreement with the department of state parks and cultural resources to provide users a voluntary opportunity to donate funds for the operation and maintenance of state parks, historic sites and recreation areas. The opportunity for donation shall be disclosed visually by electronic display in a manner that suggests an amount of donation, allows a user to designate the amount of the donation desired, or make no donation if so desired by the user. No additional charges for making the donation shall be charged to the user by the Wyoming financial institution, financial institution or person operating the remote electronic terminal. The department of state parks and cultural resources and the Wyoming financial institution, financial institution or person operating the remote electronic terminal may include in the agreement provisions for retention of a portion of the donated funds as an administrative fee in an amount not to exceed ten percent (10%) of the donations collected or five dollars ($5.00) per transaction, whichever is less.
13-1-601. State banking commissioner; designation; appointment; removal.
The supervisor of the division of banking within the department of audit shall be designated the state banking commissioner. The commissioner shall be appointed by the director of the state department of audit, and shall serve at the pleasure of the director. The commissioner may be removed from office by the director in the same manner as the governor may remove a gubernatorial appointee as provided by W.S. 9-1-202. The director shall advise and consult with the state banking board before appointing or removing the commissioner.
13-1-602. State banking commissioner; qualifications; compensation.
(a) The commissioner shall have not less than seven (7) years experience in the commercial banking industry, or seven (7) years experience as an examiner or administrative officer with the federal deposit insurance corporation, federal reserve system, office of the comptroller of the currency or a state banking regulatory department, or a combination thereof, with continually increasing administrative authority and responsibility throughout the period of experience.
(b) The salary of the commissioner shall be fixed by the director, after consultation with the state banking board, and within limits prescribed by the appropriation from the legislature.
13-1-603. State banking commissioner; powers and duties.
(a) The commissioner shall administer the laws and regulations governing the organization, operation, examination, reorganization or dissolution of banks in Wyoming. The commissioner is directly responsible to and subject to the direction of the director. The commissioner may employ one (1) or more deputy commissioners, who, in the absence or disability of the commissioner, shall exercise all powers of the commissioner.
(b) Repealed By Laws 1999, ch. 42, § 3.
(c) Without limiting the other powers, duties and responsibilities conferred upon the commissioner by law, the commissioner may:
(i) Conduct an investigation if the commissioner has reasonable cause to believe that a financial institution, a bank holding company or person has violated, is violating or is about to violate a state statute or rule relating to financial institutions or bank holding companies, or has engaged, is engaging or is about to engage in an unsafe and unsound practice;
(ii) Administer oaths and affirmations, subpoena witnesses and compel their attendance and testimony, adduce evidence and require by subpoena the production of any books, papers, records, files, correspondence, documents and other evidence the commissioner deems relevant to any examination or investigation authorized by this act;
(iii) Request the attorney general to bring an action in any court of competent jurisdiction to enforce and administer the provisions of this act, to seek an award of any civil penalty authorized by law and any other appropriate relief at law and equity including an order requiring compliance with any subpoena or order issued by the commissioner pursuant to this act;
(iv) Consult with the board regarding the administration and operation of the dual banking system and the banking business in Wyoming;
(v) Adopt rules to implement and administer the laws governing financial institutions and bank holding companies in this state;
(vi) Recommend to the legislature the amendment or enactment of laws to foster competition between banks and federally chartered financial institutions within this state and to promote the dual banking system within the state; and
(vii) Perform any acts and make any decisions incidental to or necessary for carrying out any powers, duties or responsibilities expressly conferred upon the commissioner by law.
(d) The commissioner shall establish any fee by rule and regulation if any provision of this title authorizes the fee to be established by rule and regulation of the commissioner. The fee shall be established in accordance with the Wyoming Administrative Procedure Act and shall be set in an amount to ensure that, to the extent practicable, the total amount generated from the fee approximates but does not exceed the direct and indirect costs incurred by the commissioner in carrying out his duties as a result of the submission or supervisory activity for which a fee is authorized.
(e) Not later than October 1 of each year, the commissioner shall submit a report to the joint minerals, business and economic development interim committee listing all fees collected in the immediately preceding fiscal year by the commissioner including those authorized or required pursuant to this title and any other provision of law. The report shall separately identify the amount collected for each fee collected.
(f) The commissioner may, after review and consideration of actual and projected revenues and expenditures in the current fiscal year, decrease the aggregate amount of an installment and bill a proportionately lower amount to each financial institution subject to an assessment.
(g) Except for the salary of the commissioner as provided by W.S. 13-1-602(b), the commissioner shall establish personnel classifications and salaries for the division of banking in consultation with and subject to the approval of the governor and subject to legislative appropriation. Classifications and salaries shall be commensurate with other state and federal financial regulators. The specialized skills required to supervise special purpose depository institutions and financial technology shall be defined by the state banking commissioner. Classifications and salaries established pursuant to this subsection shall not be subject to any classifications or any compensation plan established pursuant to W.S. 9-2-3207(a)(i) and (ii), (b) and (c). The provisions of W.S. 9-2-3207(a)(viii) shall not apply to personnel of the division of banking. Upon the creation of the classifications and salaries for the division of banking the division shall provide a report on the classifications and salaries to the joint appropriations committee. The report shall include any estimated increase in requested appropriations, the duties of each person for which the classification shall apply, including specific skills required to skillfully and competently fill the position, and any other information requested by the joint appropriations committee. Salary increases requested pursuant to this subsection shall be included in the department's exception budget.
13-1-604. State banking board created; purpose; membership; appointment; qualifications; term of office.
(a) There is created within the division of banking in the department of audit a state banking board. The board shall consult with and provide advice and counsel to the commissioner and the director as requested regarding the administration and operation of the dual banking system and the banking business in Wyoming.
(b) The state banking board shall consist of eight (8) members who shall be appointed by the governor. The director shall serve as an ex officio member of the board. Of the appointed members, five (5) shall be officers or directors of state or national banks domiciled in Wyoming, one (1)member shall be an officer or director of a public trust company as defined by W.S. 13-5-301(a)(xiv), and two (2) members shall be residents of Wyoming who are not officers, directors or employees of any bank or public trust company. No member of the banking board shall have any interest, directly or indirectly, in a bank or public trust company in which any other member of the banking board has any interest. Any member of the board who ceases to have the qualifications for which the member was appointed shall be disqualified to serve and a vacancy shall occur.
(c) Of the initial appointments to the banking board, one (1) member representing a state bank and one (1) member representing a national bank shall be appointed for a one (1) year term, one (1) member representing a state bank and one (1) member who is not an officer or director of any bank shall be appointed for a two (2) year term, and the remaining members shall be appointed for a three (3) year term. After the initial appointments, all appointments shall be for a three (3) year term. All appointments shall commence on July 1 of the year of appointment. Vacancies occurring because of disqualification, death, resignation, or for any reason, shall be filled by appointment for the unexpired portion of the term.
13-1-605. State banking board; meetings; compensation; purpose.
(a) The board shall meet when called by the commissioner or when requested by a majority of the members of the board. Members of the board shall receive the same salary, mileage and per diem for attending and traveling to and from board meetings in the same manner and amount as members of the Wyoming legislature.
(b) The banking board shall:
(i) Consult with and assist the director in the appointment or the removal of the state banking commissioner;
(ii) Consult with and advise the commissioner on strengths and weaknesses in the banking industry in Wyoming, and in the general economy of the state as reflected by the banking business;
(iii) Recommend to the commissioner such changes in laws or regulations governing the banking industry as may be necessary to meet changes in the financial services industry;
(iv) Assist the commissioner and the director in providing information to the legislature to support statutory reform necessary to maintain a strong, healthy banking industry;
(v) Perform such other functions as requested by the commissioner to promote and maintain the dual banking system;
(vi) Perform the duties prescribed in W.S. 13-2-207 through 13-2-215;
(vii) Perform the duties prescribed in W.S. 13-12-101 through 13-12-126.
13-1-606. State banking board; procedures and practices.
In addition to other powers conferred by law, the board may regulate its own procedures and practices as provided by the Wyoming Administrative Procedure Act.
(a) As used in this article:
(i) "Agent" means as defined in W.S. 17-4-102(a)(ii);
(ii) "Department" means the department of family services;
(iii) "Financial exploitation" means:
(A) The wrongful or unauthorized taking, withholding, appropriation or use of the money, assets or other property or the identifying information of a person; or
(B) An act or omission by a person, including through the use of a power of attorney on behalf of, or as the conservator or guardian of, another person, to:
(I) Obtain control, through deception, intimidation, fraud or undue influence, over the other person's money, assets or other property to deprive the other person of the ownership, use, benefit or possession of the property; or
(II) Convert the money, assets or other property of the other person to deprive the other person of the ownership, use, benefit or possession of the property.
(iv) "Financial institution" means as defined by W.S. 13-1-401(a)(ii) and, for purposes of this article, shall include broker-dealers as defined in W.S. 17-4-102(a)(iv) and investment advisers as defined in W.S. 17-4-102(a)(xv);
(v) "Investment adviser representative" means as defined in W.S. 17-4-102(a)(xvi);
(vi) "Qualified person" means any agent, investment adviser representative or person who serves in a supervisory, compliance or legal capacity for a financial institution;
(vii) "Vulnerable adult" means as defined by W.S. 35-20-102(a)(xviii).
13-1-702. Reporting financial exploitation of vulnerable adults.
(a) If a qualified person has cause to believe that financial exploitation of a vulnerable adult has occurred, is occurring or has been attempted, the qualified person shall notify the financial institution of the suspected financial exploitation.
(b) If a financial institution is notified of suspected financial exploitation under subsection (a) of this section or otherwise has cause to believe that financial exploitation of a vulnerable adult has occurred, is occurring or has been attempted, the financial institution shall assess the suspected financial exploitation and, if warranted, submit a report to the department containing the same information under W.S. 35-20-103(b). The financial institution shall submit the report required by this subsection not later than the earlier of:
(i) The date the financial institution completes its assessment of the suspected financial exploitation; or
(ii) Five (5) business days after the date the financial institution is notified of the suspected financial exploitation under subsection (a) of this section or otherwise has cause to believe that the financial exploitation of a vulnerable adult has occurred, is occurring or has been attempted.
(c) A financial institution that submits a report to the department of suspected financial exploitation of a vulnerable adult under subsection (b) of this section is not required to make an additional report of suspected abuse, neglect or exploitation under W.S. 35-20-103 for the same conduct constituting the reported suspected financial exploitation.
(d) Each financial institution shall adopt internal policies, programs, plans or procedures for:
(i) The qualified persons of the financial institution to make the notifications required under subsection
(a) of this section; and
(ii) The financial institution to conduct the assessment and submit the report required under subsection (b) of this section.
(e) The policies, programs, plans or procedures adopted under subsection (d) of this section may authorize the financial institution to report the suspected financial exploitation of a vulnerable adult to any appropriate state or federal agency in addition to the department, including any appropriate law enforcement agency.
13-1-703. Notifying third parties of suspected financial exploitation of vulnerable adults.
If a financial institution submits a report of suspected financial exploitation of a vulnerable adult to the department under this article, the financial institution may, at the time the financial institution submits the report, also notify a third party reasonably associated with the vulnerable adult of the suspected financial exploitation of the vulnerable adult, unless the financial institution suspects the third party of financial exploitation of the vulnerable adult.
(a) Notwithstanding any other state law, a financial institution:
(i) May place a hold on any transaction that involves an account of a vulnerable adult or that contains the vulnerable adult's assets or property if the financial institution:
(A) Submits a report of suspected financial exploitation of the vulnerable adult to the department as required under this article; and
(B) Has cause to believe the transaction is related to the suspected financial exploitation alleged in the report.
(ii) Shall place a hold on any transaction involving an account of a vulnerable adult if the hold is requested by the department or a law enforcement agency.
(b) Subject to subsection (c) of this section, a hold placed on any transaction under subsection (a) of this section shall not exceed five (5) business days after the date the hold is placed.
(c) A financial institution may extend a hold placed on any transaction under subsection (a) of this section for a period not to exceed thirty (30) business days after the expiration of the period prescribed by subsection (b) of this section if requested by a state or federal agency or a law enforcement agency investigating the suspected financial exploitation of a vulnerable adult. The financial institution may also petition a court to extend a hold placed on any transaction under subsection (a) of this section beyond the period prescribed by subsection (b) of this section. A court may enter an order extending a hold or providing other relief.
(d) Each financial institution shall adopt internal policies, programs, plans or procedures for placing a hold on a transaction involving an account of a vulnerable adult under this section.
(a) A qualified person who provides notification under W.S. 13-1-702(a), a financial institution that submits a report under W.S. 13-1-702(b) or provides notification to a third party under W.S. 13-1-703 and a qualified person or financial institution that testifies or otherwise participates in a judicial proceeding arising from a notification or report under this article is immune from any civil liability arising from the notification, report, testimony or participation in the judicial proceeding, unless the qualified person or financial institution acted in bad faith or with a malicious purpose.
(b) A financial institution that in good faith and with the exercise of reasonable care places or does not place a hold on any transaction under W.S. 13-1-704(a) is immune from any civil liability or disciplinary action resulting from that action or failure to act.
To the extent permitted by state and federal law, a financial institution shall provide, on request, access to or copies of records relevant to the suspected financial exploitation of a vulnerable adult to the department, a law enforcement agency or a district attorney's office, either as part of a report to the department, law enforcement agency or district attorney's office or at the request of the department, law enforcement agency or district attorney's office in accordance with an investigation. Access to records of transactions provided under this section shall be limited to sixty (60) days before the first transaction suspected of involving financial exploitation to sixty (60) days after the last transaction suspected of involving financial exploitation.
(a) For purposes of this article:
(i) "Customer data" means a customer's banking, transaction and other financial data;
(ii) "Express written consent" means a customer's affirmative written response to a clear and conspicuous notice regarding the collection, use or disclosure of customer data for the purposes of open banking;
(iii) "Open banking" means providing access, directly or indirectly, to customer data from the customer's bank to a third-party financial service provider with the express written consent of the customer and through the use of application programming interfaces.
(iv) "Customer" means a natural person or an agent, trustee or representative acting on behalf of a natural person.
(a) A bank may participate in and provide for open banking.
(b) A bank participating in and providing for open banking shall comply with all applicable state and federal laws and regulations including laws and regulations related to the protection and use of customer data. Prior to providing access to any customer data under this section the participating bank shall obtain a customer's express written consent.
(c) The commissioner shall adopt rules regulating the collection, use and disclosure of customer data in open banking, consistent with all applicable state and federal laws and regulations.
(a) Each bank may:
(i) Make contracts in its corporate name;
(ii) Sue and be sued;
(iii) Lend money on real and personal securities;
(iv) Buy, sell and discount bills of exchange, notes and all other written evidence of debt except as otherwise provided;
(v) Receive notes, buy and sell gold and silver coins and bullion where permitted by federal law;
(vi) Collect and pay over money;
(vii) Transact all other business pertaining to banking subject to the provisions and restrictions of this act;
(viii) Operate a savings department;
(ix) Operate a trust department and exercise all powers enumerated by W.S. 13-5-510(b) and 34-29-104;
(x) Act as executor, administrator, trustee, receiver, assignee or guardian of any estate, minor, incompetent or other persons subject to guardianship, and accept appointments by any court in connection with any of the foregoing. In the case of such appointment, or in case the bank shall be named as executor in any will or assignee of any assignment for the benefit of creditors, the bank shall not be required to give any bond or security unless directed by an order of the court making such appointment, or having jurisdiction of such will or assignment;
(xi) Sell insurance or annuities, provided however, all bank-related sales of insurance and annuities shall be in accordance with the Wyoming Insurance Code and subject to all other applicable state and federal laws and rules and regulations governing bank-related sale of insurance or annuities;
(xii) Engage in any activity that is usual or incidental to the business of banking, subject to the prior written approval of the commissioner. The commissioner shall not approve a request to engage in an incidental activity if he finds that the requested activity will adversely affect the safety and soundness of the bank; and
(xiii) Engage in any activity in which a federally chartered insured depository institution as defined by W.S. 13-2-802(a)(ix) operating within this state is authorized to engage, as approved by rule by the commissioner.
(b) Insurance underwriting shall not be approved as usual or incidental to the business of banking under this act, whether for a bank or an operating subsidiary, unless permitted for a federally chartered insured depository institution as defined by W.S. 13-2-802(a)(ix).
(a) All banks, except special purpose depository institutions, shall obtain insurance of their deposits by the United States and shall subscribe for insurance of deposit accounts by the federal deposit insurance corporation (FDIC).
(b) Nothing in this section shall be construed as prohibiting a special purpose depository institution from obtaining FDIC insurance, if available.
Five (5) or more adult persons may organize a corporation for the purpose of carrying on general banking business in a place in this state designated in the articles of incorporation subject to the conditions prescribed by law. The incorporators shall subscribe and verify triplicate originals of the articles of incorporation and transmit them to the state banking commissioner.
(a) The articles of incorporation shall include the following information:
(i) The corporate name;
(ii) The object for which the corporation is organized;
(iii) The term of its existence which may be perpetual;
(iv) The place where its office shall be located and its operations conducted;
(v) The amount of capital stock and the number of shares;
(vi) The name and residence of each shareholder subscribing to more than ten percent (10%) of the stock and the number of his shares;
(vii) The number of directors and the names of those who shall manage the affairs of the corporation for the first year; and
(viii) A statement that the articles of incorporation are made to enable the incorporators to avail themselves of the advantages of the banking laws of the state.
(b) Copies of all amended articles of incorporation shall be filed in the same manner as the original articles of incorporation.
13-2-207. Procedure upon filing of articles of incorporation, application and other information.
Upon filing with the state banking commissioner the articles of incorporation as required by W.S. 13-2-201 and 13-2-202, an application and any other information required by the rules and regulations of the board, the state banking commissioner shall notify the applicants in writing within thirty (30) calendar days of any deficiency in the required information or that the application has been accepted for filing. When the state banking commissioner is satisfied that all required information has been furnished, he shall notify the chairman of the board who shall establish a time and place within the county of the proposed financial institution location for a public hearing which shall be not less than sixty (60) days nor more than one hundred twenty (120) days after notice from the state banking commissioner that the application is in order. Within thirty (30) days after receipt of notice of the time and place of the public hearing, the applicant shall cause notice of filing of the application and of the hearing to be published at applicant's expense in a newspaper of general circulation within the county where the proposed financial institution is to be located. Publication shall be made at least once a week for three (3) consecutive weeks before the hearing stating the proposed location of the financial institution, the names of the proposed applicants for a charter, the nature of the activities to be conducted by the proposed institution and other information as the board shall prescribe from time to time by rules and regulations. The applicant shall furnish proof of publication to the state banking commissioner not more than ten (10) days prior to the hearing. The state banking commissioner shall send notice of the hearing to state and national banks, federal savings and loan associations and other financial institutions in the state who have requested notice from the state banking commissioner and to the appropriate federal financial institution regulatory authorities.
The application filed with the state banking commissioner shall be accompanied by a fee established by rule and regulation of the state banking commissioner to cover the expense of the investigation by the state banking commissioner, the expense of the public hearing and other related expenses. The fee shall be deposited by the state banking commissioner with the state treasurer into the financial institutions administration account. Expenditures shall be made from the account by warrants drawn by the state auditor, upon vouchers issued and signed by the director or commissioner. Funds from the account shall be expended only to carry out the duties of the commissioner and the state banking board under this article and for chartering trust companies under chapter 5 of this title. If an application for a financial institution charter is withdrawn by the applicant at any time prior to the hearing on the application, the statutory application filing fee, less the amount of any expense authorized above and actually incurred, shall be refunded to the applicant. If the application expenses are less than the application fee collected the unexpended amount shall remain within the account.
13-2-209. Procedure for hearings on charter applications.
The hearing for a charter application shall be conducted as a contested case under the Wyoming Administrative Procedure Act and shall comply with the requirements of that act.
(a) Notwithstanding any other provisions contained in this act, a financial institutions charter may be granted by the state banking commissioner without a hearing in any case determined by the state banking commissioner to be an emergency arising from the insolvency, or to prevent the failure, of an existing financial institution, but the granting of any emergency charter under this section is contingent upon the state banking commissioner determining that findings required by W.S. 13-2-212(a) have been satisfied.
(b) The application fee for an emergency charter shall be established by rule and regulation of the state banking commissioner. The fee shall be deposited by the state banking commissioner with the state treasurer and credited to the financial institutions administration account. Expenditures shall be made from the account by warrants drawn by the state auditor, upon vouchers issued and signed by the director or commissioner. Funds from the account shall be expended to carry out the duties of the commissioner or the state banking board.
13-2-211. Investigation and examination by banking commissioner.
(a) Upon receiving the articles of incorporation, application and other information required, the state banking commissioner shall make a careful investigation and examination of the following:
(i) The character, reputation, financial standing and ability of the organizers;
(ii) The character, financial responsibility, banking or savings and loan or other financial experience and business qualifications of those proposed as officers;
(iii) The character and standing in the community and state of those proposed as directors, stockholders or owners;
(iv) The need in the community where the institution would be located giving particular consideration to the adequacy of existing financial facilities and the effect that the proposed institution would have upon existing financial institutions in the community;
(v) The ability of the community to support the proposed institution, including existing competition, the economic history of the community and the opportunity for profitable employment of financial institution funds; and
(vi) Such other facts and circumstances bearing on the proposed financial institution as the banking commissioner may deem relevant.
(b) The state banking commissioner shall submit his findings verbally and in writing at the public hearing on the application and shall be subject to cross-examination by any interested party. No relevant information shall be excluded by the board as hearsay.