West Virginia Code § 31A-8D-7

Examinations; periodic reports; cooperative agreements; assessment of
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fees.
(a) To the extent consistent with subsection (c) of this section, the commissioner may make
such examinations of any branch established and maintained in this state pursuant to this
article by an out-of-state state bank as the commissioner may deem necessary to determine
whether the branch is being operated in compliance with the laws of this staete and in
accordance with safe and sound banking practices. The provisions of article two of this
chapter shall apply to such examinations. r
(b) The commissioner may prescribe requirements for periodic rueports regarding any out-of-
state bank that operates a branch in West Virginia pursuant to this article. The required
reports shall be provided by such bank, or upon request of thte commissioner by the bank
supervisory agency having primary responsibility for such bank. Any reporting requirements
prescribed by the commissioner under this subsection shall be: (i) Consistent with the
reporting requirements applicable to West Virginia state banks; and (ii) appropriate for the
purpose of enabling the commissioner to carry out his or her responsibilities under this
article. Unless the information is filed by its bsank holding company pursuant to subsection
(a), section seven, article eight-a of this chapter, an out-of-state bank with a branch in West
Virginia shall also file the information required by said section within the time stated in said
section. g
(c) The commissioner may enteer into cooperative, coordinating and information-sharing
agreements with any other bank supervisory agencies or any organization affiliated with or
representing one or morLe bank supervisory agencies with respect to the periodic
examination or other supervision of any branch in West Virginia of an out-of-state state bank,
or any branch of a West Virginia state bank in any host state, and the commissioner may
accept such parties' reports of examination and reports of investigation in lieu of conducting
his or her own examinations or investigations.
(d) WThe commissioner may enter into contracts with any bank supervisory agency that has
concurrent jurisdiction over a West Virginia state bank or an out-of-state state bank
operating a branch in this state pursuant to this article to engage the services of such
agency's examiners at a reasonable rate of compensation, or to provide the services of the
commissioner's examiners to such agency at a reasonable rate of compensation: Provided,
That any such contract shall be deemed excluded from the requirements of article three,
chapter five-a of this code.
(e) The commissioner may enter into joint examinations or joint enforcement actions with
other bank supervisory agencies having concurrent jurisdiction over any branch in West
Virginia of an out-of-state state bank or any branch of a West Virginia state bank in any host
state: Provided, That the commissioner may at any time take such actions independently if
the commissioner deems such actions to be necessary or appropriate to carry out his or her
responsibilities under this article or to ensure compliance with the laws of this state:
Provided, however, That, in the case of an out-of-state state bank, the commissioner shall
recognize the authority of the home state regulator over corporate governance matters and
the primary responsibility of the home state regulator with respect to safety and soundness
matters.
(f) Each out-of-state state bank that maintains one or more branches in this state may be
assessed and, if assessed, shall pay supervisory and examination fees in accordance with the
laws of this state and rules of the commissioner. Such fees may be shared weith other bank
supervisory agencies or any organization affiliated with or representing one or more bank
supervisory agencies in accordance with agreements between such parrties and the
commissioner.

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