Oklahoma § 18-381.2 - Definitions

§ 18-381.2. Definitions

As used in the Oklahoma Savings and Loan Code:

1. "Act" or "this act" means the Oklahoma Savings and Loan

Code;

2. "Association" means a savings and loan association or

savings bank, including any association previously referred to as a

building and loan association, incorporated and now existing under

the laws of this state or hereafter incorporated under this act or

which is otherwise authorized to transact savings and loan

association or savings bank business under this act;

3. "Branch" means any place of business separated from the main

office of an association at which deposits are received, checks

paid, or money lent;

4. "Capital accounts" means permanent capital stock, undivided

profits, surplus or reserves;

5. "Certificate of Authority" means a certificate issued by the

Commissioner authorizing an association to transact association

business;

6. "Commissioner" means the State Banking Commissioner, or the

State Deputy Banking Commissioner when acting on behalf of the

Commissioner pursuant to subsections C or E of Section 201 of Title

6 of the Oklahoma Statutes;

Oklahoma Statutes - Title 18. Corporations

7. "Consumer banking electronic facility" means any electronic

device owned, operated, leased by or on behalf of a bank, savings

association, or credit union other than a telephone or modem

operated by a customer of a depository institution, to which a

person may initiate an electronic fund transfer. The term includes,

without limitations, a point-of-sale terminal, automatic teller

machine, automated loan machines, video banking centers, or any

other similar electronic devices;

8. "Department" means the Oklahoma State Banking Department;

9. "Deposit account" means any form of deposit, share or other

account maintained by a depositor at an association, including

demand deposit accounts, whether evidenced by a passbook,

certificate, or otherwise, and which does not represent permanent

capital stock;

10. "Deposit association" means an association which is

qualified to accept deposit accounts or which becomes so qualified

pursuant to this act;

11. "Earnings" means the money payable or to be credited to

holders of deposit accounts by an association as payment for the use

of the funds which constitute such accounts. Earnings on deposit

accounts in a deposit association may be designated as interest, and

earnings on other deposit accounts may be designated as dividends;

12. "Existing mutual association" means a mutual association

which was authorized to do business in Oklahoma on the effective

date of this act;

13. "Federal association" means a savings and loan association

or savings bank organized and existing under the laws of the United

States;

14. "Foreign association" means any firm, company, association,

partnership or corporation, by whatever name called, actually

engaged in the savings association business, which is not organized

under the laws of this state or of the United States;

15. "Insured association" means an association the deposit

accounts of which are insured by the Federal Deposit Insurance

Corporation to the extent provided by federal law;

16. "Main office" means the office location which has been

designated by the Commissioner or the Office of Thrift Supervision

as the main office of an association;

17. "Member" means the holder of a deposit account of a mutual

association, and also includes the owner of real estate upon which

the mutual association holds a mortgage or deed of trust;

18. "Mutual association" means an association which derives its

principal capital from the deposit accounts of its members and whose

members have the right to participate in the management of the

association. The term includes any association organized or

existing under prior laws of this state. A mutual association is

Oklahoma Statutes - Title 18. Corporations

not a deposit association unless and until it becomes qualified as

such;

19. "Net worth" of a stock association shall mean the aggregate

of the permanent capital stock account, paid-in surplus, earned

surplus, legal and federal insurance reserves and undivided profits;

20. "Permanent capital stock" means that part of the capital or

liabilities of an association representing ownership of the

association and which is not subject to being withdrawn or the value

paid to the holder thereof unless and until all other liabilities of

the association have been fully liquidated and paid;

21. "Shares" or "share accounts" means any deposit account

issued by a mutual association in the form of installment shares,

optional installment shares, full paid shares, prepaid shares,

savings shares, or other shares by whatever name called, evidenced

by passbook, certificate, or other evidence or holding;

22. "Stock association" means an association which issues

permanent capital stock and which limits the right to participate in

the management of the association to the holders of such permanent

capital stock. Stock associations are also deposit associations;

23. "Stockholder" means the holder of permanent capital stock;

24. "Withdrawable account" means a deposit account of an

association which does not represent permanent capital stock; and

25. "Withdrawal value" means the amount paid to an association

on a deposit account plus earnings credited thereto, less lawful

deductions therefrom.

Added by Laws 1970, c. 101, § 2, eff. June 1, 1970. Amended by Laws

1978, c. 168, § 1, eff. July 1, 1979; Laws 1986, c. 219, § 4, emerg.

eff. June 9, 1986; Laws 1988, c. 65, § 2, emerg. eff. March 25,

1988; Laws 1990, c. 118, § 1, emerg. eff. April 23, 1990; Laws 1993,

c. 183, § 29, eff. July 1, 1993; Laws 2000, c. 81, § 2, eff. Nov. 1,

2000.

§18-381.2a. Successor agency to Federal Savings and Loan Insurance

Corporation - Construction of terms.

Wherever the terms "Federal Savings and Loan Insurance

Corporation" or "FSLIC" appear in the Oklahoma Statutes, such terms

shall be deemed to refer to the successor agency to the Federal

Savings and Loan Insurance Corporation established pursuant to

federal law.

Added by Laws 1993, c. 183, § 30, eff. July 1, 1993.