H. B. 4063


(By Delegates Ron Thompson, H. White and Perry)
[Introduced January 20, 2006; referred to the
Committee on Banking and Insurance then the Judiciary.]




A BILL to amend and reenact §31A-4-2 of the Code of West Virginia, 1931, as amended, relating to banks; authorizing use of certain banking terms in connection with the name of a business; authorizing Commissioner of Banking to conduct investigations and initiate enforcement actions relating to unauthorized use of certain banking terms likely to result in confusion to the public.

Be it enacted by the Legislature of West Virginia:
That §31A-4-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. BANKING INSTITUTIONS AND SERVICES GENERALLY.

§31A-4-2. Use of terms; unlawfully engaging in banking business; penalties; enforcement.

(a) No person doing business in this state, except a banking institution, a person authorized by the commissioner under the terms of this section or an insurer licensed pursuant to article three, chapter thirty-three of this code under a name including the terms set forth herein as of the thirty-first day of December, two thousand three, may use or advertise in connection with such business, or as a designation or title thereof, the term "bank," "banker," "banking," "banking company," "industrial bank," "savings bank" or "trust company" and the Insurance Commissioner shall notify the commissioner of each insurer so licensed. No person doing business in this state except a banking institution or a person authorized by the commissioner under this article may engage in the banking or trust business in this state. A nonbanking subsidiary of a bank holding company or a nonbanking subsidiary of a banking institution having a bank branch or bank main office in this state that provides trust services pursuant to section fourteen of this article may use the term "trust company" in its title and advertising. A trust entity owned jointly by federally insured depository institutions located within this state and authorized by the commissioner to operate in this state may use the term "trust company" in its title and advertising.
(b) It is unlawful for any such person other than banking institutions, as herein excepted, to advertise or hold himself, herself, itself or themselves, as the case may be, out to the public in any manner indicating, directly, indirectly or by implication, that any of them is are engaged in the banking or trust business or is authorized and approved to engage therein in this state. A nonbanking subsidiary of a bank holding company or nonbanking subsidiary of a banking institution having a bank branch or bank main office in this state that provides trust services pursuant to section fourteen of this article may hold itself out to the public as engaged in the trust business. A trust entity owned jointly by federally insured depository institutions located within this state and authorized by the commissioner to operate in this state may hold itself out to the public as engaged in the trust business.
(c) The commissioner may authorize a person to utilize use the term "bank," "banker," "banking" or "banc" in connection with nonprofit organizations or medical businesses where the term would have a common meaning separate and apart from a financial institution and would not result in confusion to the public (e.g., food bank; medical databank); and in connection with bank holding companies or their nonbanking affiliates where the term denotes the entities' common affiliation and would not result in confusion to the public. The commissioner may also authorize a person to use the term "bank," "banker," "banking" or "banc" in connection with the name of a business if the commissioner finds that there is little likelihood of confusion to the public because the business is using a family surname belonging to a principal or former principal of that business or because the business is not a banking institution as defined by this chapter.
(d) Any violation of the provisions of this section constitutes is a misdemeanor offense, punishable as provided in section fifteen, article eight of this chapter.
(e) The Commissioner of Banking, or any one or more banking institutions, acting individually or jointly on the commissioner's own initiative or upon receiving a written complaint alleging that the provisions of this section are being violated, may conduct an investigation to determine whether the unauthorized use of terms listed in this section is likely to result in confusion to the public. If the commissioner determines that unauthorized use is likely to result in confusion to the public, the commissioner may petition the circuit court of the county in which any violation of the provisions of this section occur or are threatened to occur for injunction or other appropriate judicial remedies for enforcement of the provisions hereof of this section and the prevention of further or continued violations thereof of this section.



NOTE: The purpose of this bill is to expand the authority of the Commissioner of Banking concerning use of certain banking terms in connection with the name of a business. The bill also authorizes the commissioner to conduct investigations and initiate enforcement actions relating to the unauthorized use of certain banking terms likely to result in confusion to the public.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.