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House Bill 2368; Regular Session 2011-2012


Printer's No.(PN):
Short Title:
An Act amending the act of November 30, 1965 (P.L.847, No.356), known as the Banking Code of 1965, further providing for definitions, for persons authorized to engage in business of receiving deposits and money for transmission, for corporations authorized to act as fiduciary, for retention of records and admissibility of copies in evidence, for emergency powers and for acquisitions, and offers to acquire, shares of banks, bank and trust companies, trust companies and national banks; repealing provisions relating to prohibition against certain acquisitions, to legal holidays and to limitation on deposit of Commonwealth funds; further providing for additional powers of incorporated institutions related to conduct of business, for persons bound by bylaws and execution of instruments, for general lending powers, for direct leasing of personal property and for limits on indebtedness of one customer including purchased paper; repealing provisions relating to installment loans including revolving credit plans, to real estate loans, to authorizing certain loans for commercial, business, professional, agricultural or nonprofit purposes including revolving credit plans, to authorizing monthly interest loans for individuals, partnerships and other unincorporated entities, to alternate basis for interest charges by institutions, to charging interest at rates permitted competing lenders, to notice of annual fees and refunds on credit cards of affiliate banks, to authorization of fees for revolving credit plans and to extensions of credit to individuals, partnerships and unincorporated associations; further providing for application of chapter, for actions required, permitted or prohibited in fiduciary capacity, for transfer of fiduciary accounts and for investments; repealing provisions relating to real estate loans; further providing for lending powers and direct leasing of personal property; repealing provisions relating to conditional powers of savings banks; providing for pledges for deposits, limits on indebtedness of one customer including purchased paper; further providing for tentative trusts, for authorized offices, for authorization of new branches, for approval of branch by department and for branches outside Pennsylvania; repealing provisions relating to branches acquired from the receiver of a closed institution or from an institution in danger of closing; further providing for articles of incorporation and for certificate of authorization to do business; providing for organization as a limited liability company; further providing for minimum capital, for classes of shares, for share certificates, for cash dividends, for redemption and acquisition of redeemable shares and statement of reduction of authorized shares, for number, qualifications and eligibility of directors or trustees, for audits and reports by directors or trustees, accountants and internal auditors and for prohibitions applicable to directors, trustees, officers, employees and attorneys; repealing provisions relating to indemnity and immunity of certain directors; providing for standard of care and justifiable reliance; further providing for articles of amendment, for authority to merge or consolidate, for requirements for a merger or consolidation, for mergers, consolidations and conversions of savings banks, for right of shareholders to receive payment for shares following a control transaction, for articles of conversion, for voluntary dissolution prior to commencement of business, for certificate of election for voluntary dissolution and for articles of dissolution; repealing provisions relating to application of chapter, to examinations and reports and to examination of affiliates and persons performing bank services; further providing for relationship of institutions and their personnel with officials and employees of department; repealing provisions relating to additional powers of the Department of Banking; and further providing for penalties and criminal provisions applicable to directors, trustees, officers, employees and attorneys of institutions and for penalties applicable to persons subject to this act.
PN 3762
Referred to COMMERCE, June 18, 2012
PN 3824
Reported as amended, June 25, 2012
First consideration, June 25, 2012
Re-committed to RULES, June 25, 2012
Re-reported as committed, June 27, 2012
Second consideration, June 27, 2012
Re-committed to APPROPRIATIONS, June 27, 2012
(Remarks see House Journal Page 1520), June 27, 2012
Re-reported as committed, June 28, 2012
Third consideration and final passage, June 28, 2012 (201-0)
In the Senate
Referred to BANKING AND INSURANCE, June 29, 2012
PN 4163
Reported as amended, Oct. 2, 2012
First consideration, Oct. 2, 2012
Second consideration, Oct. 3, 2012
Re-referred to APPROPRIATIONS, Oct. 3, 2012
PN 4217
Re-reported as amended, Oct. 15, 2012
Third consideration and final passage, Oct. 16, 2012 (49-0)
In the House
Referred to RULES, Oct. 17, 2012
Re-reported on concurrence, as committed, Oct. 17, 2012
House concurred in Senate amendments, Oct. 17, 2012 (178-12)
(Remarks see House Journal Page 2088-2089), Oct. 17, 2012
Signed in House, Oct. 17, 2012
Signed in Senate, Oct. 18, 2012
Presented to the Governor, Oct. 18, 2012
Approved by the Governor, Oct. 24, 2012
Act No. 170
* denotes current Printer's Number