S.D. Codified Laws § 51A-3-9

Conditions to be considered in ruling on application

Applied in 3 court decisions — leading case In Re Farmers State Bank of Viborg (1991)

Most recently applied in First National Bank of Ft. Pierre v. South Dakota State Banking Commission (July 2009)

Source: SL 1909, ch 222, art 2, § 7; SL 1915, ch 102, art 2, § 9; RC 1919, § 8955; SDC 1939, § 6.0304; SL 1963, ch 23; SDCL § 51-3-7; SL 1969, ch 11, § 3.14; SL 1972, ch 253; SL…

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

In ruling upon any bank application required in § 51A-2-16, the director or the commission, as the case may be, shall consider the following conditions:

(1) The financial history and condition of the applicant;

(2) The adequacy of the applicant's financial structure;

(3) The future earning prospects of the applicant;

(4) The general character and fitness of the management and ownership of the applicant;

(5) The applicant's ability to serve the community as described in the application; and

(6) Such other facts and circumstances as in the opinion of the director or commission may be relevant.

In any hearing before the commission on an application, the director shall submit to the commission for its consideration pursuant to § 51A-3-10 the director's findings with respect to the above conditions together with all other pertinent information in the director's possession.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.