Section 13-2-314 - Capital notes or debentures; proceeds not part of capital or surplus(a) The proceeds from the sale of capital notes or debentures shall not be considered a portion of the capital or surplus of the issuing bank nor treated as meeting any requirements, restrictions or conditions relating to the capital or surplus of a bank. (b) The proceeds from the sale of notes or debentures issued may not be used to reduce or retire outstanding capital stock or surplus.