# Ark. Code Ann. § 23-51-106: Application for state trust company charter > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-106 ## Section - **Citation:** Ark. Code Ann. § 23-51-106 - **Heading:** Application for state trust company charter - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 23 / Chapter 51 / Section 23-51-106 ## Text (a) An application for a state trust company charter must be made under oath and in the form required by the Bank Commissioner and must be supported by information, data, records, and opinions of counsel that the commissioner requires. The application must be accompanied by a non-refundable filing fee of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000) as set by rule of the commissioner and proof of escrow of deposit for the required capital. (b) The commissioner shall grant a state trust company charter only on proof that one or more viable markets exist within or outside of this state that may be served in a profitable manner by the establishment of the proposed state trust company. In making such a determination, the commissioner shall examine the business plan which shall be submitted as part of the application for a state trust company charter and consider: (1) The market or markets to be served; (2) Whether the proposed organizational and capital structure and amount of initial capitalization is adequate for the proposed business and location; (3) Whether the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served; (4) Whether the proposed officers and directors, as a group, have sufficient fiduciary experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will operate in compliance with law and that success of the proposed state trust company is probable; (5) Whether each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will be free from improper or unlawful influence or interference with respect to the state trust company's operation in compliance with law; and (6) Whether the organizers are acting in good faith. (c) The failure of an applicant to furnish required information, data, opinions of counsel, other material or the required fee is considered an abandonment of the application. Amended by Act 2019, No. 315,§ 2565, eff. 7/24/2019. Acts 1997, No. 940, § 6. (a) An application for a state trust company charter must be made under oath and in the form required by the Bank Commissioner and must be supported by information, data, records, and opinions of counsel that the commissioner requires. The application must be accompanied by a non-refundable filing fee of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000) as set by rule of the commissioner and proof of escrow of deposit for the required capital. (b) The commissioner shall grant a state trust company charter only on proof that one or more viable markets exist within or outside of this state that may be served in a profitable manner by the establishment of the proposed state trust company dollars ($3,000) nor more than ten thousand dollars ($10,000) as set by rule of the commissioner and proof of escrow of deposit for the required capital. (b) The commissioner shall grant a state trust company charter only on proof that one or more viable markets exist within or outside of this state that may be served in a profitable manner by the establishment of the proposed state trust company. In making such a determination, the commissioner shall examine the business plan which shall be submitted as part of the application for a state trust company charter and consider: (1) The market or markets to be served; (2) Whether the proposed organizational and capital structure and amount of initial capitalization is adequate for the proposed business and location; (3) Whether the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served; (4) Whether the proposed officers and directors, as a group, have sufficient fiduciary experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will operate in compliance with law and that success of the proposed state trust company is probable; (5) Whether each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will be free from improper or unlawful influence or interference with respect to the state trust company's operation in compliance with law; and (6) Whether the organizers are acting in good faith. (1) The market or markets to be served; (2) Whether the proposed organizational and capital structure and amount of initial capitalization is adequate for the proposed business and location; (3) Whether the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served; (4) Whether the proposed officers and directors, as a group, have sufficient fiduciary experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will operate in compliance with law and that success of the proposed state trust company is probable; (5) Whether each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will be free from improper or unlawful influence or interference with respect to the state trust company's operation in compliance with law; and (6) Whether the organizers are acting in good faith. (c) The failure of an applicant to furnish required information, data, opinions of counsel, other material or the required fee is considered an abandonment of the application. Amended by Act 2019, No. 315,§ 2565, eff. 7/24/2019. Acts 1997, No. 940, § 6. ## Nearby sections - [Ark. Code Ann. § 23-51-101 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-101.md) - [Ark. Code Ann. § 23-51-102 Certain definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-102.md) - [Ark. Code Ann. § 23-51-103 Rules](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-103.md) - [Ark. Code Ann. § 23-51-104 Organization and powers of state trust company](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-104.md) - [Ark. Code Ann. § 23-51-105 Articles of association of state trust company](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-105.md) - [Ark. Code Ann. § 23-51-106 Application for state trust company charter](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-106.md) - [Ark. Code Ann. § 23-51-107 Notice and investigation of charter application](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-107.md) - [Ark. Code Ann. § 23-51-108 Hearing and decision on charter application](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-108.md) - [Ark. Code Ann. § 23-51-109 Issuance of charter](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-109.md) - [Ark. Code Ann. § 23-51-110 Required capital](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-110.md) - [Ark. Code Ann. § 23-51-111 Application of laws relating to general business corporations](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-111.md) - [Ark. Code Ann. § 23-51-112 Commissioner hearings - Appeals](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-112.md) - [Ark. Code Ann. § 23-51-113 Trust companies chartered under prior law](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-113.md) - [Ark. Code Ann. § 23-51-114 Amendment of state trust company articles of association](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C51_S23-51-106. Check the current official text before relying on it. Not legal advice.