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Use of the Words "Bank", "Trust", and "Credit Union"
Since reserving a corporate name in the State of Maine is for future use only, the Division of Corporations permits the filing of name reservations that contain the word or words "savings", "savings bank", "bank", "banker", "banking", "trust", "trust company", "trust and banking company", "credit union", the plural of any of these words or words or any derivatives of these terms.
No individual, corporation, partnership or other entity can use one or more of the preceding restricted terms or derivations of those terms in the title under which it conducts business until that individual, corporation, partnership or other entity has received the necessary acknowledgement of, or approval for, use of the restricted term(s) as required under 9-B MRSA, Section 241.9, which is provided below for your information. The form required to obtain the approval of, or acknowledgement by, the Bureau of Financial Institutions is available on the agency's website at www.maine.gov/pfr/bkg/bkg_applications.htm .
Contact information for the Bureau of Financial Institutions:
Bureau of Financial Institutions
Telephone: (207) 624-8570 Fax: (207) 624-8590
Excerpt from 9-B MRSA Section 241:
9. Restrictions on the use of the terms "savings," "bank" and derivatives of those terms. This subsection governs the use of the terms "savings," "bank" and derivatives of those terms.
A. A person, if duly authorized under the laws of this State, another state or the United States to conduct the business of banking, may use as a part of the name or title under which it conducts business in this State the terms "saving," "savings," "savings bank," "bank," "banker," "trust," "trust company," "banking" or "trust and banking company." The superintendent may require the filing of supporting documentation relating to this paragraph in the form and manner and containing such information as the superintendent may prescribe.
B. Except as provided in paragraph A, a person, without prior written approval of the superintendent, may not use the terms "saving," "savings," "savings bank," "bank," "banker," "trust," "trust company," "banking" or "trust and banking company" or any derivatives of those terms as part of the name or title under which business is conducted or as a designation of such business. In determining whether to grant written permission, the superintendent shall consider whether the business to be conducted is similar to the business of banking and whether using those terms or any derivatives of those terms could be deceptive or otherwise injurious to public interest.
C. This subsection does not apply to out-of-state financial institutions, corporations or partnerships that, in the ordinary course of their business, have to file with the Secretary of State in processing the routine disposition of assets acquired by legitimate business dealings.
D. A person who violates any provision of this subsection is subject to a civil penalty of not more than $10,000 for each violation.
E. This subsection does not prohibit the use of any name of a person who was duly qualified to do business as a foreign corporation in that name under former Title 13-A, section 1201 on February 1, 1996.
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