T26CH1
Title 26 > T26CH1
Sections (7)
26-101
TITLE 26 BANKS AND BANKING CHAPTER 1 TITLE AND SCOPE OF ACT 26-101. Title. This act, comprising chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 26, 32, 33, 34, 35 and 36, title 26 , Idaho Code, as such chapters may be hereafter amended, shall be known as the Idaho Bank Act and shall be applicable to all corporations, copartnerships, cooperative associations and persons engaged in the business of banking in the state of Idaho. History: [26-101, added 1979, ch. 41, sec. 2, p. 63; am. 1995, ch. 99, sec. 1, p. 300; am. 1997, ch. 310, sec. 2, p. 917; am. 2000, ch. 288, sec. 1, p. 972.]
26-102
TITLE 26 BANKS AND BANKING CHAPTER 1 TITLE AND SCOPE OF ACT 26-102. Purpose of the act. The purposes of this act are to provide for: (1) Safe and prudent conduct of the banking business for the benefit of depositors and shareholders. (2) Maintenance of public confidence in banks. (3) An opportunity for banks to remain competitive with each other, with financial institutions existing under other laws of this state and to encourage the continuation, maintenance and preservation of the dual banking system. History: [26-102, added 1979, ch. 41, sec. 2, p. 63.]
26-103
TITLE 26 BANKS AND BANKING CHAPTER 1 TITLE AND SCOPE OF ACT 26-103. Construction against implicit repeal. This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. History: [26-103, added 1979, ch. 41, sec. 2, p. 63.]
26-104
TITLE 26 BANKS AND BANKING CHAPTER 1 TITLE AND SCOPE OF ACT 26-104. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. History: [26-104, added 1979, ch. 41, sec. 2, p. 63; am. 2015, ch. 244, sec. 8, p. 1011.]
26-105
TITLE 26 BANKS AND BANKING CHAPTER 1 TITLE AND SCOPE OF ACT 26-105. Effect of act on existing banks. The powers, privileges, duties and restrictions heretofore conferred and imposed upon any bank now existing and doing business under the laws of this state, are hereby abridged, enlarged or modified as each particular case may require to conform with the provisions of this chapter. History: [26-105, added 1979, ch. 41, sec. 2, p. 63.]
26-106
TITLE 26 BANKS AND BANKING CHAPTER 1 TITLE AND SCOPE OF ACT 26-106. Definitions. As used in this act, unless the context or subject matter otherwise requires: (1) Bank means any person engaged in soliciting, receiving or accepting money or its equivalent on deposit as a regular business whether or not such deposit, however evidenced, is made subject to check or draft or other order. (2) Banking business means the soliciting, receiving or accepting of money or its equivalent on deposit as a regular business whether such deposit is made subject to check or draft or is evidenced by a certificate of deposit, a passbook, a note, a receipt, or other writing; provided, that nothing herein shall apply to or include money or its equivalent left in escrow or left with an agent pending investment in real estate or securities for or on account of his principal. (3) Bank service corporation means a corporation organized to perform bank services for two (2) or more banks, each of which owns part of the capital stock of such corporation, and which are subject to examination by either the department of finance of the state of Idaho or a federal bank supervisory agency. For the purpose of this definition, bank services means services such as check and deposit sorting and posting, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, or similar functions performed for a bank. (4) Borrowing means any nondeposit liability. (5) Branch means any location except a loan production office, mobile or temporary facility, customer-bank communication terminal or bank service corporation at which a bank performs any or all functions of a bank. (6) Capital means the amount of unimpaired paid-up common stock plus the amount of paid-up preferred stock issued and unimpaired. (7) Capital note means a convertible or nonconvertible note of a bank subordinated as to principal and interest to the depositors of the bank and containing such conditions as the director may require. (8) Capital structure means the total of the capital, surplus, undivided profits and subordinated capital notes and contingency reserves of the bank or such other account as determined by the director of the department of finance, less intangible assets. (9) Common stock means the stock of a banking corporation other than preferred stock. (10) Commercial paper means a short-term negotiable instrument arising out of a commercial transaction; provided however, that commercial paper shall not be construed to be a deposit as defined in this act. (11) Converting bank means a bank converting from a state to a national bank, or the reverse. (12) Demand deposit means all deposits except time deposits. (13) Deposit means the act of placing or lodging money in the custody of a person, for safety or convenience whether interest-bearing or not, to be withdrawn at the will of t
26-107
TITLE 26 BANKS AND BANKING CHAPTER 1 TITLE AND SCOPE OF ACT 26-107. Sections applicable to national banks. The provisions of sections 26-215 , 26-301 through and including 26-309 , 26-311 , 26-712 , 26-713 , 26-714 , 26-1203 , 26-1206 , 26-1207 , 26-1208 , 26-1209 , 26-1601 through 26-1605 , 26-2601 through 26-2612 , and 26-3801 through 26-3806 , Idaho Code, shall also apply to national banks. History: [26-107, added 1979, ch. 41, sec. 2, p. 67; am. 1995, ch. 99, sec. 2, p. 300; am. 1997, ch. 225, sec. 1, p. 661; am. 2004, ch. 159, sec. 17, p. 525; am. 2025, ch. 164, sec. 2, p. 787.]