Section 28-2-18-25 - Examination of branch operations(a) To the extent consistent with subsection (b), the department may make examinations of any branch established and maintained in Indiana pursuant to this chapter by an out-of-state state bank as the department may consider necessary to determine whether the branch is being operated in compliance with the laws of Indiana and in accordance with safe and sound banking practices. The provisions of IC 28-11-3 shall apply to the examinations.(b) The department may enter into cooperative, coordinating, and information-sharing agreements with any organization enumerated in IC 28-11-3-3 with respect to the periodic examination or other supervision of:(1) any branch in Indiana of an out-of-state state bank; or(2) any branch of an Indiana state bank in any host state; and the department may accept the organization's reports of examination and reports of investigation instead of conducting its own examinations or investigations.
(c) The department may enter into agreements with any financial institution supervisory agency that has concurrent jurisdiction over an Indiana state bank or an out-of-state state bank operating a branch in Indiana pursuant to this chapter to: (1) engage the services of the agency's examiners at a reasonable rate of compensation; or(2) provide the services of the department's examiners to the agency at a reasonable rate of compensation. Any such agreement shall be entered into under IC 36-1-7.
(d) The department may enter into joint examinations or joint enforcement actions with other bank supervisory agencies having concurrent jurisdiction over any branch established and maintained in Indiana by an out-of-state state bank or any branch established and maintained by an Indiana state bank in any host state. The department may at any time take the actions independently if the department considers the actions to be necessary or appropriate to carry out its responsibilities under this chapter or to ensure compliance with the laws of Indiana. In the case of an out-of-state state bank, the department shall recognize:(1) the exclusive authority of the home state regulator over corporate governance matters; and(2) the primary responsibility of the home state regulator with respect to safety and soundness matters.(e) Each out-of-state state bank that maintains one (1) or more branches in Indiana is subject to the provisions of IC 28-11-3-5. The fees may be shared with other financial institution supervisory agencies or any organization affiliated with or representing one (1) or more bank supervisory agencies in accordance with agreements between those parties and the department.(f) For the purposes of this chapter, the provisions of IC 28-1-2-30 apply to the following: (1) An out-of-state bank.(2) An out-of-state savings association.(3) An out-of-state industrial loan and investment company.As added by P.L. 171-1996, SEC.37. Amended by P.L. 79-1998, SEC.68.