1. (a) An electronic activity is authorized for a financial institution as incidental to the financial institution's business if the activity is convenient or useful to an activity that is:

   1. (1) specifically authorized for the type of financial institution under consideration; or
   2. (2) otherwise part of the business of the type of financial institution under consideration.

2. (b) In determining whether an electronic activity is authorized as incidental to a financial institution's business, the director may consider whether the activity:

   1. (1) facilitates the production or delivery of the financial institution's products or services;
   2. (2) enhances the financial institution's ability to sell or market its products or services;
   3. (3) improves the effectiveness or efficiency of the financial institution's operations; or

   4. (4) enables the financial institution to:

      1. (A) use capacity acquired for its operations as a financial institution; or
      2. (B) otherwise avoid economic loss or waste.

As added by P.L.10-2006, SEC.32 and P.L.57-2006, SEC.32.