2.60.303    CAPITAL ADEQUACY OF PROPOSED NEW BANKS

(1) The applicant must provide a reasonable assurance that the proposed new bank will have adequate initial paid-in capital sufficient to accomplish the following:

(a) establish an undivided profits account in an amount great enough to absorb initial operating losses under foreseeable business conditions;

(b) total capital and surplus accounts of adequate size to permit the proposed investment in building, land, furniture, and fixtures within the limitation of 100% of capital and surplus as imposed by 32-1-423, MCA;

(c) provide protection for depositors' funds to the same extent that the average of all insured commercial banks in the proposed bank's peer group provides capital protection, measured by the most current peer group data available on total capital accounts and reserves as a percentage of total assets. The proposed bank's reasonably estimated total assets at the end of its first three years of operation shall be the basis upon which this standard shall be projected; and

(d) to enable the bank to furnish competitive services that will ensure an amount of business sufficient to assure its success.

History: 32-1-203, MCA; IMP, 32-1-203, 32-1-423, MCA; Eff. 12/6/73; AMD, Eff. 4/4/77; AMD, 1994 MAR p. 1146, Eff. 4/29/94; TRANS, from Commerce, 2001 MAR p. 1181; AMD, 2010 MAR p. 215, Eff. 1/29/10.