# Conn. Gen. Stat. § 36a-425: Sec. 36a-425. (Formerly Sec. 36-5a). Foreign banking corporations not to do business in this state. Excepted activities

> Connecticut · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-425

## Section

- **Citation:** Conn. Gen. Stat. § 36a-425
- **Heading:** Sec. 36a-425. (Formerly Sec. 36-5a). Foreign banking corporations not to do business in this state. Excepted activities
- **Jurisdiction:** Connecticut
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Connecticut Code / Title 36a / Chapter 666 / Section 36a-425

## Text

(b) Except as otherwise provided in this title, no foreign banking corporation, holding company, subsidiary of a holding company, or subsidiary or affiliate of a banking corporation may establish or maintain an office in this state if such office will be used to enable such corporation, holding company or subsidiary or affiliate to engage in banking business in Connecticut. If the commissioner determines that an office is being used to enable the corporation, holding company or subsidiary or affiliate to engage in banking business in Connecticut, the commissioner shall order that such office be closed or take action against such entities in accordance with section 36a-50 . The establishment or maintenance of an office in this state which will not enable a foreign banking corporation, holding company, subsidiary of a holding company, or subsidiary or affiliate of a banking corporation to engage in banking business in Connecticut does not violate the provisions of subsection (a) of this section. For the purpose of this subsection, the term “banking business” shall include, but shall not be limited to, receiving deposits, paying checks, lending money and any activity which is determined by the commissioner to be so closely related to banking as to be a proper incident thereto.

(c) The provisions of subsection (b) of this section shall not apply to: (1) An office of a bank; (2) an office established or maintained for the purpose of managing or controlling a bank; (3) an office of a subsidiary of a bank, which subsidiary is limited to carrying on one or more of the functions which such bank may carry on directly in the exercise of its express or implied powers; (4) an office of a holding company or subsidiary of a holding company or banking corporation which required and which had received all requisite state and federal authorization and was open for business prior to June 1, 1984, provided such office may not engage in any activities other than those for which it had authorization and in which it was actually engaged on June 1, 1984; (5) an office established or maintained pursuant to subsection (d) of this section; (6) an office of a foreign bank that is a federal branch or a federal agency; or (7) an office of a subsidiary of a foreign bank that has a federal branch or a state branch in this state, which subsidiary is limited to carrying on one or more of the functions which such branch of such foreign bank may carry on directly.

(d) Any holding company may establish or maintain, either directly or through any subsidiary of such holding company that is not a banking corporation, and any banking corporation that is not a subsidiary of a holding company may establish or maintain, through any of its subsidiaries that are not banking corporations, one or more offices for the purpose of engaging in banking business other than to provide deposit services in this state. No office established or maintained under this subsection may be converted into an office that engages in banking business which includes providing deposit services. For purposes of this subsection, “deposit services” includes but is not limited to, deposits, withdrawals, advances, payments and transfers of funds to or from a deposit account.

(e) Any person who establishes or maintains an office or transacts business in this state in violation of this section shall be subject to the penalties imposed by subsection (d) of section 33-921 .
ing deposit services. For purposes of this subsection, “deposit services” includes but is not limited to, deposits, withdrawals, advances, payments and transfers of funds to or from a deposit account.

(e) Any person who establishes or maintains an office or transacts business in this state in violation of this section shall be subject to the penalties imposed by subsection (d) of section 33-921 .

(f) Any person may bring an action in any court of competent jurisdiction to enjoin any person from violating the provisions of this section.

Annotations to former section 36-5a:

Question whether foreign corporation is transacting business so as to require a certificate of authority determined by complete factual picture: Situs of the contract, presence of offices, officers and agents and extent of business activities in Connecticut. 176 C. 185.

Transacting business “within the state” within the meaning of statute discussed. 2 CA 81.

## Nearby sections

- [Conn. Gen. Stat. § 36a-410 Sec. 36a-410. (Formerly Sec. 36-552). Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-410.md)
- [Conn. Gen. Stat. § 36a-410a Sec. 36a-410a. Mergers between Connecticut and out-of-state banks authorized. Interstate branching.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-410a.md)
- [Conn. Gen. Stat. § 36a-412 Sec. 36a-412. (Formerly Sec. 36-555). Out-of-state banks: Merger, consolidation and acquisition. De novo branches. Powers of branches. Loan production offices. Applicability of Connecticut law. Commissioner approval.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-412.md)
- [Conn. Gen. Stat. § 36a-425 Sec. 36a-425. (Formerly Sec. 36-5a). Foreign banking corporations not to do business in this state. Excepted activities.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-425.md)
- [Conn. Gen. Stat. § 36a-428a Sec. 36a-428a. Application for license to establish and maintain state branch or state agency. Application form, supporting documents, fee. Investigation by commissioner and issuance of license. Display of license. License may not be transferred or assigned.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428a.md)
- [Conn. Gen. Stat. § 36a-428b Sec. 36a-428b. Operation of foreign bank at state branch or state agency, rights, privileges, duties, restrictions, etc., exceptions. Deposit insurance from FDIC not required. Not subject to certain statutory provisions, when. Assessment for expenses of commissioner's office.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428b.md)
- [Conn. Gen. Stat. § 36a-428c Sec. 36a-428c. Deposit of assets by foreign bank. Holding of currency or other assets in relation to liabilities. Unusual and extraordinary circumstances; deposit of assets with banks designated by commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428c.md)
- [Conn. Gen. Stat. § 36a-428d Sec. 36a-428d. Certification of paid-in capital stock, surplus fund and undivided profits; limitation or restriction.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428d.md)
- [Conn. Gen. Stat. § 36a-428g Sec. 36a-428g. Representative office; licensing requirements; application; fee; renewal; content of license; investigation of facts by commissioner. Foreign bank subject to regulations and orders of commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428g.md)
- [Conn. Gen. Stat. § 36a-428h Sec. 36a-428h. Books, accounts and records to be maintained and available at state branch, state agency or representative office. Reports to commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428h.md)
- [Conn. Gen. Stat. § 36a-428i Sec. 36a-428i. Notice of acquisition of control or merger of foreign bank.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428i.md)
- [Conn. Gen. Stat. § 36a-428k Sec. 36a-428k. Voluntary liquidation of business and property of state branches and state agencies.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428k.md)
- [Conn. Gen. Stat. § 36a-428l Sec. 36a-428l. Investigation and examination concerning foreign bank licensed to maintain state branch, state agency or representative office. Commissioner's powers; duties of foreign bank; cost of examination; penalties.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428l.md)
- [Conn. Gen. Stat. § 36a-428n Sec. 36a-428n. Involuntary liquidation of business and property of foreign banks having a state branch or state agency.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-428n.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CT_T36a_C666_S36a-425. Check the current official text before relying on it. Not legal advice.
