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47.78 CONTRACTS TO ACCEPT AND RECEIVE DEPOSITS-HONOR AND PAY
WITHDRAWALS.
(a) Notwithstanding any other law to the contrary, a financial institution, the "customer
institution," may contract with another financial institution, the "service institution," to grant
the service institution the authority to render services to the customer institution's depositors,
borrowers or other customers, provided notice of the proposed contract is given to the
commissioner and the commissioner does not object to the contract within 30 days of the notice.
(b) For purposes of this section: "Financial institution" means a national banking association,
federal savings association, or federal credit union having its main office in this state, or a
bank, savings bank, savings association, or credit union established and operating under the
laws of this state; and "services" means accepting and receiving deposits, honoring and paying
withdrawals, issuing money orders, cashiers' checks, and travelers' checks or similar instruments,
cashing checks or drafts, receiving loan payments, receiving or delivering cash and instruments
and securities, disbursing loan proceeds by machine, and any other transactions authorized by
section 47.63.
The term also includes a bank subsidiary of a bank holding company or affiliated savings
association to the extent agency activities are permitted under section 18 of the Federal Deposit
Insurance Act, United States Code, title 12, section 1828, as amended, effective September 29,
1995, and title I, Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994.
(c) A contract entered into pursuant to this section may include authority to conduct
transactions at or through any principal office, branch, or detached facility of either financial
institution which is a party to the contract, and the service institution is not considered a branch of
the customer institution for purposes of section 48.34.
History: 1993 c 52 s 1; 1995 c 202 art 4 s 6