(a) When used in these Regulations, the following terms have the indicated meanings: - (i) "Adult" is defined in W.S. 8-1-102(a)(i).
- (ii) "Application" means the completed application prescribed in Section 11, including all exhibits and other materials attached to or otherwise filed simultaneously with the application form, together with all other information required by the Commissioner under Section 12.
- (iii) "Bank" means a corporation organized pursuant to W.S. W.S. W.S. 13-2-201.
- (iv) "Banking Statutes" means title 13 of the Wyoming Statutes. Use of such term is not intended to imply that such statutes are solely related to the topic of banking and is intended only as a abbreviated method of referring to all of such statutes as a unit.
- (v) "Board" means the State Banking Board created under W.S. W.S. W.S. 13-1-604.
- (vi) "Board Regulations" means the Rules and Regulations of the Board, as amended from time to time.
- (vii) To "certify" means to represent and warrant, under penalties of perjury, that the certified matters are true, accurate and correct and are not misleading in any material way.
- (viii) "Chairman" means the Chairman of the Board.
- (ix) "Commissioner" means the State Banking Commissioner appointed pursuant to W.S. W.S. W.S. 13-1-601 and serving as the administrator of the Division.
- (x) "Controlling interest" is defined in 12 U.S.C. 1841(a)(2).
- (xi) "Department" means the Department of Audit created under W.S. W.S. W.S. 9-2-2003(a), which is one of the principal administrative operating units of the state government.
- (xii) "Depository institution" has the meaning given such term in 12 U.S.C. 1813(c)(1).
- (xiii) "Determination Date" means the date on which the Commissioner informs a bank that he has determined that its proposed relocation may be desirable or a trust company that he has determined that any ground for suspending or revoking a trust companys charter set forth in W.S. W.S. W.S. 13-5-111 might exist.
- (xiv) "Division" means the Division of Banking, which is an agency and a principal operating unit of the Department pursuant to W.S. W.S. W.S. 9-2-2003(d).
- (xv) "Division counsel" means the person or persons, if any, assigned or otherwise designated by the Attorney General to provide legal advice, counsel and/or representation to or for the Board and/or the Commissioner. In the event that the Attorney General designates separate counsel for the Commissioner and for the Board, then "division counsel" refers only to the counsel designated for the Commissioner.
- (xvi) "Enforcement article" means Article 2 of Chapter 10 of the Banking Statutes.
- (xvii) "Examination" includes investigation.
- (xviii) Executive officer is defined in W.S. W.S. W.S. 13-1-101.
- (xix) "Financial institution" is defined in W.S. W.S. 13-1-101, and for purposes of these rules shall include an interim bank.
- (xx) "FDIC" means the Federal Deposit Insurance Corporation.
- (xxi) "FRB" means the Board of Governors of the Federal Reserve System.
- (xxii) "Hearing" means the public hearing held by the Commissioner on an application under Chapter 12 or on a suspension or revocation under Chapter 13.
- (xxiii) "Holding company" means a corporation or individual that owns a controlling interest of a bank and is subject to examination under article 2 of chapter 9 of the Banking Statutes. A "holding company" is also commonly referred to as a "bank holding company".
- (xxiv) "Home county" means
- (A) in the case of an individual officer or director of a financial institution or in the case of an individual that is a holding company, the county in Wyoming in which the financial institution with which he is affiliated has its principal place of business,
- (B) in the case of a financial institution, a non-individual that is a holding company or a proposed institution, the county in Wyoming in which it has or will have its principal place of business or
- (C) in the case of any other non-individual person, the county in Wyoming in which it has its principal place of business. If a person does not have a home county, its home county shall be Laramie County.
- (xxv) "Individual" means an adult.
- (xxvi) Interim bank means a bank that
- (A) does not operate independently,
- (B) does not conduct banking business,
- (C) is organized pursuant to W.S. W.S. 13-2-212 and
- (D) exists only to serve as a vehicle to facilitate a merger and change of ownership of an existing bank in accordance with W.S. W.S. 13-4-108.
- (xxvii) "Legal holiday" is defined in W.S. W.S. W.S. 13-1-101 and includes Saturdays. For purposes of a date on or by which an item must have been filed with, served upon or otherwise delivered to the Commissioner or the Board, the term "legal holiday" also includes a day on which weather or other unavoidable conditions have made the offices of the Division inaccessible.
- (xxviii) "Newspaper of general circulation" means a newspaper that is normally published at least weekly and is otherwise described in W.S. W.S. W.S. 18-3-519(a).
- (xxix) "OCC" means the Office of the Comptroller of the Currency, an agency of the U.S. Department of the Treasury.
- (xxx) "Out-of-state bank" means a depository institution organized or formed under the laws of a state other than Wyoming and having its principal place of business in a state other than Wyoming.
- (xxxi) "Party" is defined in W.S. W.S. W.S. 16-3-101(b)(vi).
- (xxxii) The term "person", as used in these Regulations, is defined in W.S. W.S. W.S. 8-1-102. "Person", "adult person" and "natural person", as used respectively in W.S. W.S. W.S. 13-5-102, 13-2-201 and 13-6-102(a), and in other related sections, have the same meaning as given to the term "incorporator" in Chapter 11 Section 2.
- (xxxiii) "Personal or private interest" is defined in W.S. W.S. W.S. 9-13-106(a).
- (xxxiv) "Protected material" means any document, matter or other information that is privileged or confidential or is otherwise not required, in the applicable circumstances, to be made available for public inspection under the Wyoming Public Records Act, including trade secrets and personal financial information.
- (xxxv) "Qualified foreign attorney" means a person
- (A) who has been admitted to practice before the highest court of any state (as defined in W.S. W.S. W.S. 13-2-802 ),
- (B) who has associated with a Wyoming attorney for purposes of representing a client before the Board, and
- (C) who is accompanied by the associated Wyoming attorney in, at and throughout all proceedings, whether formal or informal, before the Commissioner.
- (xxxvi) "Regulations" means these Rules and Regulations of the Commissioner.
- (xxxvii) "Relocation" means a change in a banks place of business from one location within Wyoming to any municipality within Wyoming pursuant to W.S. W.S. W.S. 13-4-101.
- (xxxviii) "Remote electronic terminal" is defined in W.S. W.S. W.S. 13-1-501(a)(v).
- (xxxix) "Savings" and loan association" means a corporation organized pursuant to W.S. W.S. W.S. 13-6-101 and 13-6-102.
- (xl) "Secretary" means the employee of the Division designated by resolution of the Board pursuant to Section 6(a) of Chapter 1 of the Board Regulations.
- (xli) "Trust company" means a corporation organized pursuant to W.S. W.S. W.S. 13-5-101.
- (xlii) "Wyoming Administrative Procedure Act" means as defined by W.S. W.S. W.S. 16-3-101.
- (xliii) "Wyoming Administrative Regulation Review Act" means as defined by W.S. W.S. W.S. 28-9-101.
- (xliv) "Wyoming attorney" means a person who has been admitted to practice as an attorney and counselor at law in all courts of the State of Wyoming and who is an active member of the Wyoming State Bar.
- (xlv) " Wyoming Insurance Code" means title 26 of the Wyoming Statutes.
- (xlvi) "Wyoming Public Records Act" means as defined by W.S. W.S. W.S. 16-4-201.
(b) Excluding any terms that are otherwise defined in this or any other Chapter, the definitions set forth in W.S. W.S. W.S. 16-3-101 are incorporated into this Chapter by this reference.
(c) Because the Banking Statutes contain differing definitions of the same terms, this Chapter intentionally does not wholly incorporate by reference the definitions found in the Banking Statutes.