# Idaho Code § 26-1101: 26-1101 ADMINISTRATION — RULES AND POWERS

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1101

## Section

- **Citation:** Idaho Code § 26-1101
- **Heading:** 26-1101 ADMINISTRATION — RULES AND POWERS
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 26 / Chapter 11 / Section 26-1101

## Text

26-1101. Administration — Rules and powers. (1) Every bank and bank holding company shall be subject to the inspection and supervision of the director of the department of finance as provided in this act.

(2) The director may from time to time promulgate, amend and rescind rules necessary or proper to carry out the provisions of this act. No rule may be adopted unless the director finds that the action is necessary or appropriate for the protection of the interests of bank depositors or for the welfare of banks and consistent with the purpose of this act.

(3) Notwithstanding any other provision of the Idaho bank act, but subject to the limitations provided for in this section:

(a) A bank may engage in any activity in which it could engage, exercise any power it could exercise, or make any loan or investment which it could make if it were operating as a national bank or which has been approved by the responsible federal agency for any state-chartered bank in the United States.

(b) Before engaging in any activity or exercising any power afforded under this subsection (3), a bank shall first notify the director of its intent to do so. This notice shall be sent to the director by U.S. mail, postage prepaid, certified or registered, with return receipt requested. Should the director take no action on the request within twenty (20) days of delivery to the director, the right to engage in the action or power so requested shall be deemed granted.

(c) Should the director deny the request, the affected bank shall have the right to request a hearing before the director, which hearing shall be held within thirty (30) days of the date of the denial.

(d) The director shall have the discretion to deny any request which is inconsistent with the purposes of the Idaho bank act.

(e) No such approval shall operate to deny the director of any of his authority under the Idaho bank act and such permitted activity shall be subject to supervision by the director.

(f) The director may, by order, waive or modify any requirement under this act if the corresponding federal requirement for national banks is eliminated or modified.

(4) Banks which are subsidiaries of bank holding companies may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans as agent for other depository institutions which are subsidiaries of the same bank holding company.

(5) All rules must be promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code. Unless expressly provided in the Idaho bank act, proceedings under the Idaho bank act shall not be considered "contested cases" under chapter 52, title 67, Idaho Code.

History:

[26-1101, added 1979, ch. 41, sec. 2, p. 114; am. 1995, ch. 99, sec. 5, p. 302.]

## Nearby sections

- [Idaho Code § 26-1101 26-1101 ADMINISTRATION — RULES AND POWERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1101.md)
- [Idaho Code § 26-1102 26-1102 EXAMINATION BY DEPARTMENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1102.md)
- [Idaho Code § 26-1103 26-1103 REFUSAL TO SUBMIT TO EXAMINATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1103.md)
- [Idaho Code § 26-1104 26-1104 FEES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1104.md)
- [Idaho Code § 26-1105 26-1105 DIRECTORS TO BE ADVISED OF CONDITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1105.md)
- [Idaho Code § 26-1106 26-1106 REPORTS OF BANK.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1106.md)
- [Idaho Code § 26-1107 26-1107 REPORTS — DUTIES OF DEPARTMENT OF FINANCE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1107.md)
- [Idaho Code § 26-1109 26-1109 BOOKS AND ACCOUNTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1109.md)
- [Idaho Code § 26-1110 26-1110 PROOF THAT SERVICES PERFORMED WILL BE SUBJECT TO REGULATION AND EXAMINATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1110.md)
- [Idaho Code § 26-1111 26-1111 RECORDS NOT PUBLIC.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1111.md)
- [Idaho Code § 26-1112 26-1112 PENALTY FOR DISCLOSURE OF CONFIDENTIAL INFORMATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1112.md)
- [Idaho Code § 26-1113 26-1113 IMPAIRMENT OF CAPITAL — ASSESSMENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1113.md)
- [Idaho Code § 26-1114 26-1114 SUSPENSION OR REMOVAL OF DIRECTORS, OFFICERS OR EMPLOYEES — PROHIBITION OF FUTURE EMPLOYMENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1114.md)
- [Idaho Code § 26-1115 26-1115 CEASE AND DESIST ORDERS — PENALTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1115.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T26_C11_S26-1101. Check the current official text before relying on it. Not legal advice.
