(1) The director may disapprove
the acquisition of a bank or trust company within thirty days
after the filing of a complete application pursuant to RCW 30.04.405 or an extended period not exceeding an additional
fifteen days if:
(a) The poor financial condition of any acquiring party
might jeopardize the financial stability of the bank or might
prejudice the interests of the bank depositors, borrowers, or
shareholders;
(b) The plan or proposal of the acquiring party to liquidate
the bank, to sell its assets, to merge it with any person, or to
make any other major change in its business or corporate
structure or management is not fair and reasonable to the bank's
depositors, borrowers, or stockholders or is not in the public
interest;
(c) The banking and business experience and integrity of any
acquiring party who would control the operation of the bank
indicates that approval would not be in the interest of the
bank's depositors, borrowers, or shareholders;
(d) The information provided by the application is
insufficient for the director to make a determination or there
has been insufficient time to verify the information provided and
conduct an examination of the qualification of the acquiring
party; or
(e) The acquisition would not be in the public interest.
(2) An acquisition may be made prior to expiration of the
disapproval period if the director issues written notice of
intent not to disapprove the action.
(3) The director shall set forth the basis for disapproval
of any proposed acquisition in writing and shall provide a copy
of such findings and order to the applicants and to the bank
involved. Such findings and order shall not be disclosed to any
other party and shall not be subject to public disclosure under
chapter 42.56 RCW unless the findings and/or order are appealed
pursuant to chapter 34.05 RCW.
(4) Whenever such a change in control occurs, each party to
the transaction shall report promptly to the director any changes
or replacement of its chief executive officer, or of any
director, that occurs in the next twelve-month period, including
in its report a statement of the past and present business and
professional affiliations of the new chief executive officer or
directors.
[2005 c 274 § 253; 1994 c 92 § 30; 1989 c 180 § 3; 1977 ex.s. c 246 § 3.]
NOTES:
Part headings not law -- Effective date--2005 c 274: See RCW 42.56.901 and 42.56.902.