021-1 Wyo. Code R. §§ 1-4 - Definitions

(a) Unless the context clearly indicates otherwise, this Section applies to all Chapters of these Regulations. If a term is defined in this Chapter and in another Chapter, the meaning given such term in the other Chapter shall control over the meaning given in this Chapter in the manner and to the extent provided in such other Chapter.

(b) Excluding any terms that are otherwise defined in this or any other Chapter, the definitions set forth in W.S. 16-3-101, are incorporated into this Chapter by this reference.

(c) Because the several chapters of 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.

(d) When used in these Regulations, the following terms have the indicated meanings:

(i) "Bank" means a corporation organized pursuant to W.S. W.S. W.S. 13-2-201.

(ii) "Banking Regulations" means the Rules and Regulations of the Commissioner.

(iii) "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.

(iv) "Board" means the State Banking Board created under W.S. W.S. W.S. 13-1-604.

(v) "Chairman" means the Chairman of the Board.

(vi) "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.

(vii) "Controlling interest" is defined in W.S. W.S. 13-9-202.

(viii) "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.

(ix) "Depository institution" has the meaning given such term in Section 1813(c)(1) of title 12 of the United States Code.

(x) "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).

(xi) "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, the Commissioner and/or the Division.

(xii) "Examination" includes investigation.

(xiii)"Executive officer" is defined in W.S. W.S. W.S. 13-1-101.

(xiv) "Financial entity" means a bank, an interim bank, a trust company or a savings and loan association.

(xv) "FDIC" means the Federal Deposit Insurance Corporation.

(xvi) "FRB" means the Board of Governors of the Federal Reserve System.

(xvii) "Holding company" means a corporation or individual that owns the 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.

(xviii) "Home county" means

(A) in the case of an individual officer or director of a financial entity or an individual that is a holding company, the county in Wyoming in which the financial entity with which he is affiliated has its principal place of business,

(B) in the case of a financial entity, 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 which it has its principal place of business. If a person does not have a home county, its home county shall be Laramie County.

(xix)"Individual" means a natural person.

(xx) "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. 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. W.S. 13-4-108.

(xxi) "Legal holiday" is defined in W.S. W.S. W.S. 13-1-101 and includes Saturdays. Such definition expressly includes Sundays and indirectly includes Saturdays, on which day of the week federal reserve banks are not open for business. For purposes of a date on or by which a 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.

(xxii) "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).

(xxiii) "OCC" means the Office of the Comptroller of the Currency, an agency of the U.S. Department of the Treasury.

(xxiv) "Party" is defined in of Chapter 2.

(xxv) "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 of Chapter 2, and such terms do not have the meaning given to the term "person" in W.S. W.S. W.S. 16-3-101(b)(vii). The term "person", as used in these Regulations, is defined in W.S. W.S. W.S. 8-1-102.

(xxvi) "Personal or private interest" is defined in W.S. W.S. W.S. 9-13-106(a).

(xxvii) "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.

(xxviii) "Qualified foreign attorney" means a person (i) 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) , (ii) who has associated with a Wyoming attorney for purposes of representing a client before the Board, and (iii) who is accompanied by his associated Wyoming attorney in, at and throughout all proceedings, whether formal or informal, before the Board.

(xxix) "Regulations" means these Rules and Regulations of the Board.

(xxx) "Savings and loan association" means a corporation organized pursuant to W.S. W.S. W.S. 13-6-101 and 13-6-102.

(xxxi) "Secretary" means the employee of the Division designated by resolu- tion of the Board pursuant to Section 6(a).

(xxxii) "Special mail" means certified mail delivered by the U.S. Postal Ser- vice, with return receipt request, postage prepaid.

(xxxiii) "Trust company" means a corporation organized pursuant to W.S. 13-5- 101.

(xxxiv) "Wyoming Administrative Procedure Act " means W.S. W.S. W.S. 16-3-101 through 16-3-115.

(xxxv) "Wyoming Administrative Regulation Review Act"means W.S. 28-9- 101 through 28-9-108.

(xxxvi) "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 in good standing of the Wyoming State Bar.

(xxxvii) "Wyoming Public Records Act "means W.S. W.S. W.S. 16-4-201 through 16-4-205.

Notes

021-1 Wyo. Code R. §§ 1-4