1. Whenever any bank desires to maintain and operate a facility separate and apart from its banking house, pursuant to section 6 -03-13.1, or to move a facility previously established to another location, it shall apply to the commissioner or the comptroller of the currency, as the case may be, for such authority and provide the commissioner with such relevant information as the commissioner may reasonably request. In determining whether to approve the application for such facility, the commissioner shall take into consideration: a. The convenience, needs, and welfare of the people of the community and area served; and b. The financial strength of the bank in relation to the cost of establishing and maintaining such separate facility. 2. Upon approval by the commissioner or state banking board of a merger application under section 6 -03-11, the former main office and facilities of the banking institutions being merged will become facilities of the surviving banking institution and the banking institution is not required to file an application under this section. 3. If the commissioner's decision with respect to an application is unfavorable, the applicant bank may appeal the decision to the state banking board by filing a notice of appeal with the commissioner within twenty days after the commissioner has notified the applicant bank of the decision.
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