26-1202. UNAUTHORIZED USE OF NAME — WAIVER BY DIRECTOR. (1) With the exception of the persons defined in subsection (2) of this section, no person may advertise or transact business in this state under a name or title that contains the word "bank," "banker," "bancorp," "savings bank," "trust company," or a word or words of similar import, unless the person has been granted a charter to engage in banking or trust business in this state by the director, or unless the director has granted the person a waiver from this prohibition as set forth in this section.

(2) The foregoing prohibition shall not apply to a national bank, federal thrift or federal savings bank, bank holding company or a state-chartered bank or trust company located in another state that has obtained all approvals that may be required under the law as a prerequisite to doing business in this state.

(3) The director may grant a waiver to allow the use of the word "bank," "banker," "bancorp," "savings bank," "trust company" or a word or words of similar import if:

(a) The person is not engaged in banking or trust business;

(b) The name or title used is not likely to deceive or mislead an individual to believe that the person is engaged in banking or trust business;

(c) The name or title, or a name or title similar to it, is not already used by another person doing business in this state; and

(d) The name or title does not suggest or imply that the person is engaged in unlawful conduct.

(4) Should the director grant a waiver as set forth in subsection (3) of this section, the director may condition or restrict the use of the name or title as he finds necessary in order to protect the public.

(5) In the event the use of a name or title is prohibited as set forth in this section and that none of the exceptions set forth in subsection (2) of this section apply, and the director has not granted a waiver to the prohibition as set forth in subsection (3) of this section, the Idaho secretary of state shall not be obligated to file any documents, records, articles or certificates that the person using or desiring to use the prohibited name or title requests the Idaho secretary of state to file.

(6) Any person who willfully violates the foregoing prohibition is guilty of a felony.

History:

[26-1202, added 2015, ch. 204, sec. 21, p. 630.]