STATE OF MAINE Department of Professional and Financial Regulation
Bureau of Financial Institutions Restricted Term(s) Filing
9-B M.R.S. §§ 241(9), 882
General Instructions
This form is to be utilized by an individual, corporation, partnership or other entity to serve notice of, or request permission for, the use one or more of the following restricted terms or derivations thereof: “savings” “bank” “credit union” and/or ”trust”.
For corporate filers, no filing shall be deemed complete by the Superintendent unless accompanied by a duplicate of both the entity’s existing By-Laws and proposed/existing Articles of Incorporation.
The Bureau reserves the right to request additional information as it deems necessary to render a decision on your filing. It is especially important that a detailed response to questions 6 and 7 be provided to satisfy the criteria under 9-B M.R.S. §241(9)(B) .
You may provide any information in addition to that requested by the Bureau which, in your opinion, might aid in the disposition of your request. Any such unsolicited information will be accepted for consideration with the express understanding that it may be made public unless designated confidential.
1.
Name of Business Entity
(includes actual and proposed):
Assumed Name or d/b/a (if any):
Address (number and street):
City or Town, State, and Zip Code
Telephone:
( )
Fax:
( )
State of Incorporation:
Certificate #:
Internet Address (if applicable):
If the entity is not a financial institution, a financial institution holding company, or a subsidiary of a financial institution or a financial institution holding company, skip items 2, 3, and 4 and proceed to item 5. If the entity is a financial institution, a financial institution holding company, or a subsidiary of a financial institution or a financial institution holding company, please complete all items. 2. Is the entity:
A financial institution? Yes No
If Yes, please complete the following information:
Financial Institution name: ______________________________
Address of registered or principal office in jurisdiction of incorporation:
A financial institution holding company? Yes No
If Yes, please complete the following information:
Holding Company name:_________________________________
Address of registered or principal office in jurisdiction of incorporation:
A subsidiary of a financial institution holding company? Yes No
If Yes, please complete the following information:
Subsidiary name:_____________________________________
Address of registered or principal office in jurisdiction of incorporation:
3. If the entity is a financial institution, please specify the following:
Bank Savings & Loan Association Credit Union Holding Company
Other (specify) _______________________
State Charter Federal Charter
Foreign Financial Institution with Domestic Charter
4. Does the entity have the authority under its charter to both make loans and solicit or accept deposits or shares as a regular course of business?
Yes No
5. If the entity is not a financial institution, is the entity an affiliate or subsidiary of another corporation?
Yes No
If yes, attach copy of name, address, and state of incorporation of parent company and send a copy of its certificate of good standing from the Secretary of State of the state of domicile.
If entity is a d/b/a of a parent corporation, send a copy of both an assumed name certificate and a copy of certificate of good standing from the Secretary of State of the state of domicile.
6. Description of corporate purpose and activities to be conducted under requested name: (please be as specific as possible)
7. Description of prospective customers, target market and advertising activities in Maine of proposed entity:
8. Will an office be maintained in the State of Maine? Yes No
If yes, please answer the following with respect to the office location:
Address (number and street):
City or Town and Zip code
Telephone:
( )
Fax:
( )
Internet Address (if applicable):
9. Certification. This section must be completed by a duly authorized agent/signatory of the entity for whom this filing is being made:
I, _____________________________________,
(print name and title)
by checking the designated box below, do hereby attest and certify to the following:
1. I have been officially designated by the Board of Directors or governing body of the applicable entity and am authorized to make this declaration in accordance with the provisions of 9-B M.R.S. §241(9);
2. I also declare that this report has been prepared in conformity with the relevant instructions issued by State of Maine, Department of Professional and Financial Regulation, Bureau of Financial Institutions, in accordance with the policies and procedures of _____________________________;
(Name of company)
3. I also declare that the contents of this form have been examined by me in their entirety; and, finally
4. Based upon my knowledge, I do hereby declare that the information and related disclosures contained in this report are true and correct.
Dated this _______day of _________, 20___. Certification box (check here)
Entity Name:
Signature of Duly Authorized Agent/Signatory:
Telephone Number (___)__________________________________
Email ______________________________________
10.Inquiries. Person within the entity to whom inquiries about this form should be directed if different from person in item #9 above:
Name:
Title:
Address:
City:
State:
____________________________________
_____________
Zip:
Telephone:
( )
Fax:
( )
E-Mail:
PLEASE SUBMIT THIS FORM AND SUPPORTING DOCUMENTATION TO:
Bureau of Financial Institutions
36 State House Station
Augusta, ME 04333-0036
(207) 624-8570 phone
(207) 624-8590 fax
9-B M.R.S. § 241 (9)
Restrictions on the use of the terms “savings,” “bank” and derivatives of those terms. This subsection governs the use of the terms “savings,” “bank” and derivatives of those terms.
A. A person, if duly authorized under the laws of this State, another state or the United States to conduct the business of banking, may use as a part of the name or title under which it conducts business in this State the terms “saving,” “savings,” “savings bank,” “bank,” “banker,” “trust,” “trust company,” “banking” or “trust and banking company.” The superintendent may require the filing of supporting documentation relating to this paragraph in the form and manner and containing such information as the superintendent may prescribe.
B. Except as provided in paragraph A, a person, without prior written approval of the superintendent, may not use the terms “saving,” “savings,” “savings bank,” “bank,” “banker,” “trust,” “trust company,” “banking” or “trust and banking company” or any derivatives of those terms as part of the name or title under which business is conducted or as a designation of such business. In determining whether to grant written permission, the superintendent shall consider whether the business to be conducted is similar to the business of banking and whether using those terms or any derivatives of those terms could be deceptive or otherwise injurious to public interest.
C. This subsection does not apply to out-of-state financial institutions, corporations or partnerships that, in the ordinary course of business, have to file with the Secretary of State in processing the routine disposition of assets acquired by legitimate business dealings.
D. A person who violates any provision of this subsection is subject to a civil penalty of not more than $10,000 for each violation.
E. This subsection does not prohibit the use of any name of a person who was duly qualified to do business as a foreign corporation in that name under Title 13-A, section 1201 on February 1, 1996.
9-B M.R.S. § 882 Restriction on the use of the term “Credit Union” and derivatives of that term. No person, partnership or association and no corporation, except one incorporated under this Part or the corresponding provisions of earlier laws, may receive payments on shares from its members and nonmembers as provided in section 817 and loan such payment on shares and transact business under any name or title containing the words “credit union” without the prior written approval of the bank superintendent or unless organized under provisions of federal law. Whoever violates any provision of this section must be punished by a fine of not more than $10,000, and the Superior Court has jurisdiction to grant appropriate equitable relief to enforce this section.
