Oklahoma § 6-1401 - Transaction of banking business not authorized by law Unauthorized use of words bank, trust, etc. - Injunction and

§ 6-1401. Transaction of banking business not authorized by law Unauthorized use of words bank, trust, etc. - Injunction and

appointment of receiver - Acceptance of filings by Secretary of

State.

A. It shall be unlawful for any person, firm, association or

corporation to receive money upon deposit or transact a banking

business except as authorized by the laws of this state or of the

United States, or to use or advertise, in connection with any

business other than the banking business, conducted under the

banking laws of this state or the savings and loan business

conducted under the savings and loan laws of this state, the words:

Banc, Bank, Banker, Bankers, Banque, Investment Banker, or any

derivative thereof, however spelled, or any other word or term which

in the discretion of the Commissioner is determined to deceive the

public into belief that such person, firm, association or

corporation is engaged in the banking business or savings and loan

business. Any person, firm, association or corporation violating

any of the provisions of this section, either individually or as an

interested party, in any firm, association or corporation, shall be

subject to the jurisdiction of the Commissioner, shall be guilty of

a misdemeanor, and upon conviction thereof shall be fined in a sum

not less than Six Hundred Dollars ($600.00), nor more than Two

Thousand Dollars ($2,000.00) per violation, or by imprisonment in

the county jail not less than thirty (30) days or more than one (1)

year, or by both such fine and imprisonment, and it is hereby made

the duty of the Attorney General to enforce the provisions of this

section.

B. Unlawful use of trust or trust company. It shall be

unlawful for any person, firm, association or corporation except

state banks having trust powers, national banking associations

located in this state and having trust powers and trust companies

incorporated under the laws of this state and having trust powers to

use or advertise the word "Trust" or "Trust Company" or any

derivative thereof, however spelled, in the conduct of their

business in a manner which in the discretion of the Commissioner is

determined to deceive the public into belief that such person, firm,

association or corporation has been authorized to transact business

as a regulated financial institution and no firm, association or

corporation hereafter organized under any other act shall use the

word "Trust" or "Trust Company" as a part of its name. Nothing in

this subsection shall prohibit the continued use of such words by

any banking corporation which is using such words as of the

effective date of this act. Any person, firm, association or

Oklahoma Statutes - Title 6. Banks and Trust Companies

corporation violating any of the provisions of this section, either

individually or as an interested party, in any firm, association or

corporation, shall be subject to the jurisdiction of the

Commissioner.

C. Injunction - Appointment of receiver. In order to further

prevent the violation of this section, any court of competent

jurisdiction in this state is hereby authorized and empowered to

grant an injunction and, if requested by the Commissioner, to

appoint a receiver to take charge of the business and assets of any

person, firm, association or corporation reasonably believed by the

Commissioner to be violating the provisions of this section, and to

make all necessary and proper orders to wind up such business and

prevent a violation of Section 1401 of this title.

D. Secretary of State - Filing requirements. The Secretary of

State is prohibited from accepting any document for filing which

includes the words Banc, Bank, Banker, Bankers, Banque, Investment

Banker, Trust, Trust Company, or any derivative thereof, however

spelled, unless the Commissioner has given written consent thereto.

Added by Laws 1965, c. 161, § 1401. Amended by Laws 1982, c. 223, §

13; Laws 1990, c. 173, § 15, emerg. eff. May 3, 1990; Laws 1997, c.

111, § 106, eff. July 1, 1997.