Chapter 33.24 RCW

LOANS AND INVESTMENTS

Sections

33.24.005"Mortgage" includes deed of trust and real estate contract.
33.24.007"Real property" defined.
33.24.010Authority to investLimits on loans and extensions of credit.
33.24.015Loans generallyLimitation.
33.24.020Obligations of United States or Canada.
33.24.025Investment in investment trusts or companies.
33.24.030Obligations of this state.
33.24.040Obligations of other states.
33.24.050Obligations of municipal corporations in this state.
33.24.060Obligations of municipal corporations in any state.
33.24.065Obligations issued or guaranteed by multilateral development bank.
33.24.070City or district light, water, and sewer revenue bonds.
33.24.080Local improvement district bonds.
33.24.090Obligations of federal and state agenciesInvestment in other associations.
33.24.100Loans or other obligations secured by real property.
33.24.115Forming, incorporating with, or investing in other entitiesLimitation.
33.24.160Investment in office equipment and real property interests used in doing business.
33.24.200Personal liability on unlawful loans.
33.24.210Revenue bonds of public utility districts.
33.24.220Stock or bonds of federal home loan bank.
33.24.270Stock in small business investment companies.
33.24.295Loans for nonbusiness family purposesLimitation.
33.24.345Acquisition of control of associationAuthorized.
33.24.350Acquisition of control of associationDefinitions.
33.24.360Acquisition of control of associationUnlawful, whenApplicationContentsNotice to other associationsPenalty.
33.24.370Acquisition of control of associationAction or proceeding to preventGrounds.
33.24.375Acquisition of control of associationApplication to foreign association branches.

NOTES:

Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Interest and usury in general: Chapter 19.52 RCW.
Mortgages: Title 61 RCW.
Real property and conveyances: Title 64 RCW.


"Mortgage" includes deed of trust and real estate contract.

The word "mortgage" as used in this title includes deed of trust and real estate contract.

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.
Severability1973 c 130: See note following RCW 33.24.350.



"Real property" defined.

Unless the context clearly requires otherwise, "real property" means improved or unimproved real estate and includes leasehold interests in improved or unimproved real estate and includes manufactured housing whether temporarily, semipermanently, or permanently attached to land and mobile homes and manufactured homes whose title has been eliminated under chapter 65.20 RCW.

NOTES:

Effective date1989 c 343: See RCW 65.20.950.
Severability1982 c 3: See note following RCW 33.04.002.



Authority to investLimits on loans and extensions of credit.

(1) An association may invest its funds only as provided in this chapter.
(2) An association is subject to the same limits on loans and extensions of credit, and exceptions thereto, as set forth in *RCW 30.04.111.
[ 2013 c 76 § 30; 1994 c 92 § 445; 1982 c 3 § 45; 1979 c 113 § 6; 1963 c 246 § 7; 1953 c 71 § 6; 1947 c 257 § 5; 1945 c 235 § 58; Rem. Supp. 1947 § 3717-177. Prior: 1939 c 98 § 11; 1933 c 183 §§ 39, 52, 56, 58; 1925 ex.s. c 144 § 5; 1913 c 110 §§ 8, 9; 1903 c 116 § 2; 1890 p 56 §§ 4, 30.]

NOTES:

*Reviser's note: RCW 30.04.111 was recodified as RCW 30A.04.111 pursuant to 2014 c 37 § 4, effective January 5, 2015.
Severability1982 c 3: See note following RCW 33.04.002.
Severability1979 c 113: See note following RCW 33.04.020.



Loans generallyLimitation.

An association may invest not more than twenty percent of its assets in loans on such terms as it deems appropriate.

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.



Obligations of United States or Canada.

An association may invest its funds in loans upon or purchases of the bonds or obligations of or bonds or obligations guaranteed by the United States of America, including bonds of the District of Columbia, of the Dominion of Canada, or those for which the faith of the United States or the Dominion of Canada is pledged to provide for the payment of interest and principal: PROVIDED, That, in the case of bonds of the Dominion of Canada or those for which its faith is pledged, the interest and principal shall be payable in the United States or with exchange to a city in the United States and in lawful money of the United States or its equivalent.
[ 1947 c 257 § 6; 1945 c 235 § 59; Rem. Supp. 1947 § 3717-178. Prior: 1939 c 98 § 11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 § 56.]



Investment in investment trusts or companies.

Except as may be limited by the director by rule, an association may invest its funds in obligations of the United States, as authorized by RCW 33.24.020, either directly or in the form of securities of, or other interests in, an open-end or closed-end management type investment company or investment trust registered under the federal investment company act of 1940, as now or hereafter amended, if both of the following conditions are met:
(1) The portfolio of the investment company or investment trust is limited to obligations of the United States and to repurchase agreements fully collateralized by such obligations; and
(2) The investment company or investment trust takes delivery of the collateral for any repurchase agreement either directly or through an authorized custodian.



Obligations of this state.

An association may invest its funds in the bonds or interest bearing obligations of this state or any agency thereof.
[ 1955 c 126 § 1; 1945 c 235 § 60; Rem. Supp. 1945 § 3717-179. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]



Obligations of other states.

An association may invest its funds in the bonds or interest bearing obligations of any other state of the United States upon which there is no existing default and upon which there has been no default for more than ninety days within ten years immediately preceding the investment: PROVIDED, That such state has not been in default for more than ninety days, within said ten years, in the payment of any part of the principal or interest of any debt contracted by it or for which the faith of such state was pledged.
[ 1945 c 235 § 61; Rem. Supp. 1945 § 3717-180. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]



Obligations of municipal corporations in this state.

An association may invest its funds in the valid warrants or bonds of any city, town, county, school district, port district, or other municipal corporation in the state of Washington which are issued pursuant to law and for the payment of which the faith and credit of such municipal corporations is pledged and taxes are leviable upon all taxable property within its limits. The aggregate of the investments of an association in any issue of such warrants or bonds shall at no time exceed five percent of the amount of its savings accounts.
[ 1945 c 235 § 62; Rem. Supp. 1945 § 3717-181. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]



Obligations of municipal corporations in any state.

An association may invest its funds in the valid warrants or bonds of any city, county, school district, port district, or other municipal corporation in the United States having a population of not less than fifty thousand inhabitants as determined by the last federal census, which municipal corporation has not defaulted in the payment of interest or principal upon any general obligation, including those for which its credit was pledged, within ten years last past, and for the payment of which the faith and credit of such municipal corporation is pledged and taxes are leviable upon all taxable property within its limits. No such investment shall be made unless the warrants or bonds for purchase are rated not less than BAA by Moody's Investors' Service, or have equivalent rating of another standard rating bureau, and the aggregate of the investments of an association in any issue of such warrants or bonds shall at no time exceed five percent of the amount of its savings accounts.
[ 1945 c 235 § 63; Rem. Supp. 1945 § 3717-182. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]



Obligations issued or guaranteed by multilateral development bank.

An association may invest in obligations issued or guaranteed by any multilateral development bank in which the United States government formally participates. Such investment in any one multilateral development bank shall not exceed five percent of the association's assets.



City or district light, water, and sewer revenue bonds.

An association may invest its funds in the revenue bonds of any city, town, district, or political subdivision of this state for the payment of which revenue of the city, town, district or political subdivision utility or revenue producing facility is irrevocably pledged.
It may invest its funds in the light, water, or sewer revenue bonds of any city or other municipal corporation in the United States having a population of not less than fifty thousand inhabitants as determined by the last federal census, which has not defaulted in the payment of interest or principal upon this or any like obligation, including those for which its credit was pledged, within ten years last past, for the payment of which the entire revenue of the city's or other municipal corporation's light, water, or sewer system, less maintenance and operating costs, is irrevocably pledged.
The aggregate of the investments of an association in any issue of such revenue bonds shall at no time exceed five percent of the amount of its savings accounts.
[ 1955 c 126 § 2; 1945 c 235 § 64; Rem. Supp. 1945 § 3717-183. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]



Local improvement district bonds.

An association may invest its funds in the bonds of any local improvement district of any city of this state (except bonds issued for an improvement consisting of grading only), the ultimate payment of which is guaranteed by the municipality under the provisions of guaranty laws of this state: PROVIDED, That one-half of the lots in the district are improved with revenue producing houses or other improvements and that local improvement district bonds falling within the twenty-five percent, in amount of any issue, last callable for payment shall neither be acquired nor taken as security. The aggregate of the investments of an association in any issue of such bonds shall at no time exceed three percent of the amount of its savings accounts, and it may not have invested, at any one time, more than one hundred thousand dollars in the bonds of any such district.
[ 1953 c 71 § 7; 1945 c 235 § 65; Rem. Supp. 1945 § 3717-184. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]



Obligations of federal and state agenciesInvestment in other associations.

An association may invest its funds in stock or notes, bonds, debentures, or other such obligations of any federal home loan bank, the Home Owners' Loan Corporation, any federal land bank, the Federal Savings and Loan Insurance Corporation, the Federal Housing Administration, the Federal National Mortgage Association, or any other instrumentality of the federal government, or any state or federal agency organized under the laws of the United States or of the state of Washington authorized to loan to or act as a fiscal agency for, or insurer of, a savings and loan association.
An association may become a member of and invest its funds in other savings and loan associations organized under either federal or state law, which have an authorized office in this state: PROVIDED, That the investment in any such other savings and loan association shall not exceed the amount which is insured by the Federal Savings and Loan Insurance Corporation.
[ 1959 c 280 § 3; 1953 c 71 § 8; 1945 c 235 § 66; Rem. Supp. 1945 § 3717-185. Prior: 1939 c 98 § 11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 § 56.]



Loans or other obligations secured by real property.

An association may invest its funds in loans, mortgages, or other obligations secured by real property.
[ 1982 c 3 § 46; 1979 c 113 § 7; 1969 c 107 § 5; 1949 c 20 § 6; 1945 c 235 § 67; Rem. Supp. 1949 § 3717-186. Prior: 1939 c 98 § 11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 §§ 56, 58; 1925 ex.s. c 144 § 5; 1913 c 110 §§ 8, 9; 1903 c 116 § 2; 1890 p 56 § 4.]

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.
Severability1979 c 113: See note following RCW 33.04.020.



Forming, incorporating with, or investing in other entitiesLimitation.

An association, alone or in conjunction with other entities, may form, incorporate, or invest in corporations or other entities, whether or not such other corporation or entity is related to the association's business. The aggregate amount of funds invested or used in the formation of corporations or other entities under this section shall not exceed ten percent of the assets of the association.

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.



Investment in office equipment and real property interests used in doing business.

An association may invest its funds in the acquisition of furniture, fixtures and office equipment convenient and necessary for the carrying on of its business.
An association may invest its funds in real property or leasehold interests therein for use in the transaction of its business.
[ 1982 c 3 § 47; 1945 c 235 § 73; Rem. Supp. 1945 § 3717-192. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.



Personal liability on unlawful loans.

Every director, officer, agent, or employee of an association who shall borrow or who shall knowingly permit any person to borrow any of its funds in violation of the provisions of this title shall be personally liable for any loss or damage which the association may sustain in consequence thereof.
[ 1945 c 235 § 94; Rem. Supp. 1945 § 3717-213.]



Revenue bonds of public utility districts.

See RCW 54.24.120.



Stock or bonds of federal home loan bank.

See RCW 30A.32.020.

NOTES:

Home loan bank as depositary: RCW 30A.32.040.
May borrow from home loan bank: RCW 30A.32.030.



Stock in small business investment companies.

A savings and loan association may purchase and hold for its own investment accounts stock in small business investment companies licensed and regulated by the United States as authorized by the small business act, Public Law 85-536, as amended and now in force, in an amount not to exceed one percent of its assets.

NOTES:

Severability1973 c 130: See note following RCW 33.24.350.
Definitions1973 c 130: See RCW 33.24.350.



Loans for nonbusiness family purposesLimitation.

An association may invest not to exceed twenty percent of its assets in loans for any nonbusiness family purposes.

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.
Severability1979 c 113: See note following RCW 33.04.020.
Severability1973 c 130: See note following RCW 33.24.350.



Acquisition of control of associationAuthorized.

A person or other entity, including an association, organized under the laws of this state or authorized to transact business in this state, may acquire any or all of the assets or shares of stock of any association authorized to transact business under this title.

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.



Acquisition of control of associationDefinitions.

Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Subsidiary" of a person or other entity means any person or other entity which is controlled by such person or other entity.
(2) "Control" means directly or indirectly or acting in concert with one or more other persons or entities, or through one or more subsidiaries, owning, controlling, or holding with the power to vote twenty-five percent or more of the voting rights of an association.
(3) "Acquiring party" means the person or other entity acquiring control of a savings and loan association.

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.
Severability1973 c 130: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 c 130 § 32.]



Acquisition of control of associationUnlawful, whenApplicationContentsNotice to other associationsPenalty.

(1) It is unlawful for any acquiring party to acquire control of an association until thirty days after the date of filing with the director an application containing substantially all of the following information and any additional information that the director may prescribe as necessary or appropriate in the public interest or for the protection of deposit account holders, borrowers or stockholders:
(a) The identity, character, and experience of each acquiring party by whom or on whose behalf acquisition is to be made;
(b) The financial and managerial resources and future prospects of each acquiring party involved in the acquisition;
(c) The terms and conditions of any proposed acquisition and the manner in which such acquisition is to be made;
(d) The source and amount of the funds or other consideration used or to be used in making the acquisition and, if any part of these funds or other consideration has been or is to be borrowed or otherwise obtained for the purpose of making the acquisition, a description of the transaction and the names of the parties. However, where a source of funds is a loan made in the lender's ordinary course of business, if the person filing the statement so requests, the director shall not disclose the name of the lender to the public;
(e) Any plans or proposals which any acquiring party making the acquisition may have to liquidate the association to sell its assets, to merge it with any company, or to make any other major changes in its business or corporate structure or management;
(f) The identification of any persons employed, retained or to be compensated by the acquiring party, or by any person on his or her behalf, who makes solicitations or recommendations to stockholders for the purpose of assisting in the acquisition, and brief description of the terms of such employment, retainer, or arrangements for compensation;
(g) Copies of all invitations for tenders or advertisements making a tender offer to stockholders for purchase of their stock to be used in connection with the proposed acquisition.
(2) When an unincorporated company is required to file the statements under subsection (1)(a), (b), and (f) of this section, the director may require that the information be given with respect to each partner of a partnership or limited partnership, by each member of a syndicate or group, and by each person who controls a partner or member. When an incorporated company is required to file the statements under subsection (1)(a), (b), and (f) of this section, the director may require that the information be given for the corporation and for each officer and director of the corporation and for each person who is directly or indirectly the beneficial owner of twenty-five percent or more of the outstanding voting securities of the corporation. If any tender offer, request or invitation for tenders or other agreement to acquire control is proposed to be made by means of a registration statement under the federal securities act of 1933 (48 Stat. 74, 15 U.S.C. Sec. 77a), as amended, or in circumstances requiring the disclosure of similar information under the federal securities exchange act of 1934 (48 Stat. 881; 15 U.S.C. Sec. 77b), as amended, or in an application filed with the federal home loan bank board requiring similar disclosure, such registration statement or application may be filed with the director in lieu of the requirements of this section.
(3) The director shall give notice by mail to all associations doing business within the state of the filing of an application to acquire control of an association. The association shall transmit a check to the director for two hundred dollars when filing the application to cover the expense of notification. Persons interested in protesting the application may contact the director in person or by writing prior to a date which shall be given in the notice.
(4) Any person who willfully violates this section, or any regulation or order thereunder, is guilty of a misdemeanor and shall be fined not more than one thousand dollars for each day during which the violation continues.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Severability1982 c 3: See note following RCW 33.04.002.
Severability1979 c 113: See note following RCW 33.04.020.
Severability1973 c 130: See note following RCW 33.24.350.



Acquisition of control of associationAction or proceeding to preventGrounds.

The director may within thirty days after the date of filing of the application under RCW 33.24.360, file an action or proceeding in superior court to prevent the pending acquisition of control if the director finds any of the following:
(1) The acquisition would substantially lessen competition or would in any manner be in restraint of trade or would result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the savings and loan business in any part of the state of Washington, unless the director also finds that the anticompetitive effects of the proposed acquisition are clearly outweighed in the public interest by the probable effect of the acquisition in meeting the convenience and needs of the community to be served;
(2) The poor financial condition of any acquiring party might jeopardize the financial stability of the association being acquired or might prejudice the interests of the depositors, borrowers, or stockholders of the association or is not in the public interest;
(3) The plan or proposal under which the acquiring party intends to liquidate the association, to sell its assets, or to merge it with any person or company, or to make any other major change in its business or corporate structure or management, is not fair and reasonable to the association's depositors, borrowers, or stockholders or is not in the public interest; or
(4) The competence, experience and integrity of any acquiring party who would control the operation of the association indicates that approval would not be in the interest of the association's depositors, borrowers, or stockholders nor in the public interest.

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.
Severability1973 c 130: See note following RCW 33.24.350.



Acquisition of control of associationApplication to foreign association branches.

RCW 33.24.345, 33.24.350, 33.24.360, and 33.24.370 do not apply to foreign associations doing business in this state, except when an acquiring party intends to acquire only one or more branches of a foreign association which are located in this state.

NOTES:

Severability1982 c 3: See note following RCW 33.04.002.