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Overview
Q: What does the Department of Financial Institutions do?
Q: Which industries does the Department regulate?
Q: What are the Departments resources?
Q: Who heads up the Department?
Q: What does licensing entail?
Q: What does supervision entail?
Q: What does a receivership involve?
Q: How does the Department relate to federal regulators?
Q: What powers do Arizona state banks have? And what are the pros and cons of a national versus a state charter for financial institutions?
| Q: |
What does the Department of Financial Institutions do? |
| A: |
Regulated financial service companies must receive a
charter, license or registration (depending on the type of financial services it
offers) from the Department. Once a regulated company is in business, it is
subject to periodic examination by the department. In the event a company is failing
and threatens to damage consumers, the Department, as ordered by an
appropriate court of jurisdiction, may place the business into
receivership, which allows the Department to distribute assets to creditors and
customers.
Agency Mission:
To regulate the financial industry to promote integrity within the industry and to foster economic growth, while providing outstanding consumer support.
Agency Description
The Department of Financial Institutions is statutorily charged with the licensing, supervision and
regulation of state chartered financial institutions and enterprises. The responsibility
is twofold: ensuring the safety and soundness of state chartered financial entities, as
well as compliance with applicable state and federal laws. The Department also
reviews complaints that are filed by consumers against licensed entities
when
violations of state law or rules have been alleged, directing appropriate remedial action
if the violations are substantiated. The Department serves approximately 3,600 entities
licensed to conduct business in the state, as well as Arizona citizens who receive
services from these companies.
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| Q: |
Which industries does the Department regulate? |
| A: |
The Department regulates nineteen types of financial institutions or enterprises:
Advance Fee Loan Brokers
Banks (State Chartered)
Collection Agencies
Commercial Mortgage Bankers
Consumer Lenders
Credit Unions (State Chartered)
Debt Management Companies
Deferred Presentment Companies
Escrow Agents
Money Transmitters
Mortgage Bankers
Mortgage Brokers
Motor Vehicle Dealers
Premium Finance Companies
Sales Finance Companies
Savings and Loan Associations
Trust Companies
Trust Divisions (of State Chartered Institutions)
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| Q: |
What are the Departments resources? |
| A: |
The Department currently has 30 employees, and its Fiscal Year
2010 budget is $2.973 million. The Departments sole location is at 44th Street and Thomas Road in Phoenix.
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| Q: |
Who heads up the Department? |
| A: |
According to A.R.S. 6-111, the chief officer of the Department
is a superintendent appointed by the governor. This appointment is subject to senate
confirmation and, according to statute, runs for a four year term.
The current superintendent is Lauren W. Kingry.
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| Q: |
What does licensing entail? |
| A: |
Prospective licensees submit an application with completed
personal history and financial statements. Department personnel review the application for conformity
with statutory requirements. Several industries have special requirements. For example,
such institutions as banks, credit unions and savings and loan associations are required
to have sufficient start-up capital, as determined by the superintendent. Moreover, these
companies are subject to a more rigorous review because they hold deposits. Trust
companies must have a minimum of $500,000 in liquid capital, and commercial mortgage bankers and
mortgage bankers must meet minimum equity standards. Mortgage brokers are the only type of
licensee subject to testing.
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| Q: |
What does supervision entail? |
| A: |
Supervision for the most part refers to examinations. However, it
also involves responding to any questions licensees may have and keeping them informed of
regulatory changes the Department is planning. Most industries are subject to examination
only of their compliance with statutes. Banks, credit unions, savings and loan
associations and trust companies are examined to determine their safety and soundness.
Rankings are on a scale of one to five, with one being the top score. Banks, credit
unions, and savings and loan associations are examined according to the CAMELS system.
This takes into account six areas: capital adequacy, asset quality, management, earnings,
liquidity, and sensitivity to market risk.
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| Q: |
What does a receivership involve? |
| A: |
Under the Departments supervision, if an enterprise is operated in such a fashion as to present a significant risk to consumers, the
Superintendent must take appropriate action to correct the condition. One of the actions
available is to petition the Maricopa County Superior Court to place the enterprise in
receivership. The most common reason an enterprise is placed in receivership is
insolvency arising from the misappropriation of customer funds held in trust.
The Superintendent, upon being appointed receiver for a licensee
will take possession of the licensees business, by virtue of a Superior Court Order
and assume custody and control of the licensees business. The order generally
outlines the Receivers duties and responsibilities. Those typically include: providing notice of Order to all officers of the company, taking
possession of all books, records and assets, notifying all customers in writing of the
receivership, and liquidating the business. The primary responsibility of a receiver is to
conserve all receivership property to prevent further injury to customers and citizens of
Arizona. This is accomplished through a thorough review of the companys records and
all other information relating to its assets, liabilities, and legal actions. The receiver
provides this information to the court via accounting reports and petitions relating to
the liquidation of the estate.
The Department aims to close the receivership through liquidation
as quickly as possible to the benefit of the consumers. However, some receiverships are
not closed for many years because multiple legal matters require resolution. In the past
several years, the number of open receiverships has dropped to one (1) from thirteen.
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| Q: |
How does the Department relate to federal regulators?
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| A: |
Banks, credit unions, and savings and loan associations may
choose either a national or state charter. If national, the state is not involved.
If they select a state charter, the Department of Financial Institutions is responsible for their
supervision, and federal regulators are involved because the Federal Deposit
Insurance Corporation (FDIC) provides deposit
insurance. Indeed, Arizona law (A.R.S. §6-184, 4) requires all state-chartered banks to
be members of the Federal Deposit Insurance Corporation (FDIC).
If banks choose to become members of the Federal Reserve System (Fed), they
must purchase shares. Fed membership gives banks access to overnight lending and
allows them to offer their customers additional services. Once a bank is a Fed member, the
FDIC generally will accept examinations prepared by Federal Reserve examiners in place of
its own.
The responsibility for supervision and insurance of various
depository institutions can be summarized as follows:
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Supervision |
Insurance |
| Banks |
Federal |
Office of the Comptroller of Currency (OCC) |
Federal Deposit Insurance Corporation (FDIC) |
| State |
Department of Financial Institutions (DFI) |
FDIC |
| Credit Unions |
Federal |
National Credit Union Administration (NCUA) |
NCUSIF |
| State |
DFI |
NCUSIF |
| Savings & Loans |
Federal |
Office of Thrift Supervision (OTS) |
FDIC |
| State |
DFI |
FDIC |
| Q: |
What powers do Arizona state banks have? And what are the pros and cons of a national versus a state charter for financial institutions? |
| A: |
The powers of Arizona banks, like those of any regulated
enterprise, are set forth by the legislature. Two provisions in Arizona law are noteworthy
and serve to make Arizona a relatively attractive place to do business. A.R.S. § 6-184.1
establishes that a bank may exercise the powers derived from its existence as an Arizona
corporation, except as prohibited by law. Thus, banks may, for instance, sell insurance.
In addition, Arizona state banks are subject to A.R.S. §
6-184.2, sometimes called the "Parity Provision." Under this, state banks may
exercise any power and engage in any activity that a national bank may carry out, unless
state law explicitly prohibits that activity.
For banks, credit unions, and savings and loan associations, the
advantages of a state charter include greater access to legislators and regulators as well
as the possibility of lower annual assessments. Institutions generally choose a national
charter if their operation is interstate.
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