No person, other than: a banking institution authorized to engage in the banking business in this state; or a credit union authorized to conduct business in this state, may operate any automatic teller machine ("ATM") or automatic loan machine ("ALM") located in this state: Provided, That ATM terminals of out-of-state state banks not having branches in this state shall be allowed to operate to the same extent as a West Virginia bank if a national bank from that state not having branches in West Virginia could do so through a federal preemption of state law.
Any banking institution which installs and operates a ATM in the State of West Virginia:
(1) Shall make such ATM available for use by other banking institutions; and
(2) May make such ATM available for use by other federally insured financial institutions.
(3) ATMs located on the premises of the principal office or branch bank of a banking institution or on the premises of an authorized off-premises facility need not be made available for use by any other banking institution or its customers.
Any West Virginia state chartered bank, individually or jointly with one or more other banking institutions or other federally insured financial institutions having their principal offices in this state, may upon ten days prior written notice filed with the West Virginia Commissioner of Banking, install, operate and engage in banking business by means of one or more customer bank communication terminals.
Notification to the West Virginia Commissioner of Banking may be provided on the form below:
Notification Of Intent To Install A Customer Bank Communication Terminal Or Automatic Teller Machine
Alternate forms of notification are acceptable as long as the required information is submitted.