Kansas Statutes

Chapter 9.—BANKS AND BANKING; TRUST COMPANIES

• Article 1.—GENERAL PROVISIONS
  • 9-101 Repealed.
  • 9-101a Repealed.
  • 9-101b, 9-101c Repealed.
  • 9-101d Repealed.
  • 9-101e Repealed.
  • 9-101f Repealed.
  • 9-102 Repealed.
  • 9-103 Repealed.
  • 9-104 Repealed.
  • 9-105 Repealed.
  • 9-106 Repealed.
  • 9-107 Repealed.
  • 9-108 Repealed.
  • 9-109 Repealed.
  • 9-110 Repealed.
  • 9-111 Repealed.
  • 9-112 Repealed.
  • 9-113, 9-114 Repealed.
  • 9-115 Repealed.
  • 9-116 Repealed.
  • 9-117 Repealed.
  • 9-118 Repealed.
  • 9-119 Repealed.
  • 9-120 Repealed.
  • 9-121 Repealed.
  • 9-122 Repealed.
  • 9-123 Repealed.
  • 9-124 Repealed.
  • 9-125 Repealed.
  • 9-125a Repealed.
  • 9-125b, 9-125c Repealed.
  • 9-126 Repealed.
  • 9-127, 9-128 Repealed.
  • 9-129 Repealed.
  • 9-130 Repealed.
  • 9-130a Repealed.
  • 9-131 Repealed.
  • 9-132 Repealed.
  • 9-133 Repealed.
  • 9-134 Repealed.
  • 9-135 Repealed.
  • 9-136 Repealed.
  • 9-137 Repealed.
  • 9-138 Repealed.
  • 9-139 Repealed.
  • 9-140 Repealed.
  • 9-141 Repealed.
  • 9-142 Repealed.
  • 9-143 Repealed.
  • 9-143a Repealed.
  • 9-144 Repealed.
  • 9-145 Repealed.
  • 9-146 Repealed.
  • 9-146a through 9-146c Repealed.
  • 9-147 Repealed.
  • 9-148 Repealed.
  • 9-149, 9-150 Repealed.
  • 9-151 Repealed.
  • 9-152 Repealed.
  • 9-153 Repealed.
  • 9-154 Repealed.
  • 9-155 Repealed.
  • 9-155a Repealed.
  • 9-156 Repealed.
  • 9-157 Repealed.
  • 9-158 Repealed.
  • 9-159 Repealed.
  • 9-160, 9-161 Repealed.
  • 9-162 Repealed.
  • 9-163 Repealed.
  • 9-164 Repealed.
  • 9-165 Repealed.
  • 9-166 Repealed.
  • 9-167 Repealed.
  • 9-168 Repealed.
  • 9-169, 9-170 Repealed.
  • 9-171 Repealed.
  • 9-172 Repealed.
  • 9-173 Repealed.
  • 9-174 Repealed.
  • 9-175 Repealed.
  • 9-176 Repealed.
  • 9-177 Repealed.
  • 9-178 Repealed.
  • 9-179 Repealed.
  • 9-180 Repealed.
  • 9-181, 9-182 Repealed.
• Article 2.—DEPOSITORS' GUARANTY FUND
  • 9-201 Repealed.
  • 9-202 Repealed.
  • 9-203 Repealed.
  • 9-204 Repealed.
  • 9-205 Repealed.
  • 9-206 Repealed.
  • 9-207 Repealed.
  • 9-208 Repealed.
  • 9-209 Repealed.
  • 9-210 Repealed.
  • 9-211 Repealed.
  • 9-212 Repealed.
  • 9-213 Repealed.
  • 9-214, 9-215 Repealed.
  • 9-216 Repealed.
  • 9-217 Repealed.
  • 9-218 Repealed.
  • 9-219 Repealed.
• Article 3.—DEPOSIT OF PUBLIC MONEYS
  • 9-301 Repealed.
  • 9-302 Repealed.
  • 9-303 Repealed.
  • 9-304 Repealed.
  • 9-305 Repealed.
  • 9-306 Repealed.
  • 9-307, 9-308 Repealed.
  • 9-309, 9-310 Repealed.
  • 9-311 Repealed.
  • 9-312 through 9-314 Repealed.
• Article 4.—STATE BANKING BOARD DUTIES
  • 9-401, 9-402 Repealed.
  • 9-403, 9-404 Repealed.
  • 9-405 Repealed.
• Article 5.—MISCELLANEOUS PROVISIONS
  • 9-501 through 9-503 Repealed.
  • 9-504, 9-505 Repealed.
  • 9-505a through 9-505c Repealed.
  • 9-506, 9-507 Repealed.
  • 9-508 Repealed.
  • 9-509 Repealed.
  • 9-510 Repealed.
  • 9-510a Repealed.
  • 9-511 Repealed.
  • 9-512 Repealed.
  • 9-513 Repealed.
  • 9-513a Repealed.
  • 9-513b Repealed.
  • 9-513c Repealed.
  • 9-513d Repealed.
  • 9-513e Repealed.
  • 9-514 Repealed.
  • 9-515 Repealed.
  • 9-516 Repealed.
  • 9-517 Repealed.
  • 9-518 Repealed.
  • 9-519 Bank holding companies; definitions.
  • 9-520 Same; ownership limitations; exceptions.
  • 9-521 Repealed.
  • 9-522 Repealed.
  • 9-523 Repealed.
  • 9-524 Repealed.
  • 9-525 through 9-531 Repealed.
  • 9-532 Same; authority; fee.
  • 9-533 Same; application; required information.
  • 9-534 Same; application; approval; factors.
  • 9-535 Bank holding companies; approval of application; applicant right to appeal.
  • 9-536 Same; subject to change of control provisions.
  • 9-537 Same; review of operations by commissioner; additional information.
  • 9-538 Repealed.
  • 9-539 Repealed.
  • 9-540 Foreign bank prohibited from having branch bank in state.
  • 9-541 Acquisition of bank by out-of-state bank holding company; age limitation; exceptions.
  • 9-542 Citation of code; statutes comprising.
  • 9-543 through 9-549 Reserved.
  • 9-550 Certificate of existence and authority.
  • 9-551 Applicability of act.
  • 9-552 Definitions.
  • 9-553 Information security requirements.
  • 9-554 Powers and duties of the commissioner; enforcement and review.
  • 9-555 Citation of act; definitions.
  • 9-556 Inapplicability of act to certain entities and persons.
  • 9-557 Powers of the commissioner; rules and regulations.
  • 9-558 Confidentiality of information, exceptions.
  • 9-559 Examinations; access to records; costs incurred.
  • 9-560 Commissioner authorized to participate in multistate supervisory processes.
  • 9-561 Federal law controls when inconsistent with this act; interpretive guidance provided by commissioner.
  • 9-562 License required to provide money transmission, exceptions.
  • 9-563 Commissioner authorized to establish consistent licensing practices with other states and utilize the nationwide multistate licensing system and registry.
  • 9-564 License application; requirements; fee.
  • 9-565 Items to be provided with license application; criminal history record check and fingerprinting; investigative background report.
  • 9-566 Controlling influence, presumption.
  • 9-567 Application; completeness; approval or denial by the commissioner.
  • 9-568 License; renewal; fee.
  • 9-569 License; suspension or revocation by the commissioner.
  • 9-570 Application for licensure; complete or abandoned, when.
  • 9-571 Change of control of license; application; approval or denial by the commissioner.
  • 9-572 Adding or replacing a key individual by licensee; requirements.
  • 9-573 Report of condition; information included.
  • 9-574 Audited financial statement; requirements.
  • 9-575 Authorized delegate report; information included.
  • 9-576 Report required upon occurrence of certain administrative or legal proceedings.
  • 9-577 Federal reporting requirements.
  • 9-578 Records retention; open inspection by the commissioner.
  • 9-579 Authorized delegate; requirements and limitations.
  • 9-580 Liability when conducting money transmission on behalf of an unlicensed person.
  • 9-581 Forwarding moneys received for transmission, excption; failure to forward.
  • 9-582 Refunds; requirements.
  • 9-583 Receipts for money received for transmission; contents.
  • 9-584 Statement regarding questions or complaints required.
  • 9-585 Licensee providing payroll processing services; requirements.
  • 9-586 Net worth requirements of licensee; exemption by the commissioner.
  • 9-587 Surety bond or other required security.
  • 9-588 Permissible investments; trust required.
  • 9-589 Permissible investments.
  • 9-590 Suspension or revocation of license, reasons or circumstances therefor; notice and hearing.
  • 9-591 Suspension or revocation of the designation of an authorized delegate, reasons or circumstances therefor.
  • 9-592 Issuance of cease and desist order by commissioner.
  • 9-593 Consent order.
  • 9-594 Criminal penalities for violations of the act.
  • 9-595 Enforcement powers of the commissioner under a summary or consent order; informal agreements; confidentiality; fines.
  • 9-596 Severability of act.
• Article 6.—FEDERAL DEPOSIT INSURANCE
  • 9-601, 9-602 Repealed.
  • 9-603 through 9-605 Repealed.
  • 9-606 Repealed.
  • 9-607 Repealed.
• Article 7.—BANKING CODE; DEFINITIONS
  • 9-701 Definitions.
  • 9-702 Repealed.
  • 9-703 Repealed.
• Article 8.—BANKING CODE; ORGANIZATION
  • 9-801 Incorporation; application; criteria for approval of application.
  • 9-802 Date of existence; transaction of business before authorization.
  • 9-803 Renewal and extension of corporation; lapse in authority or existence.
  • 9-804 Certificate of authority; examination; issuance.
  • 9-805 Repealed.
  • 9-806 Failure to engage in business; abandonement or expiration of application; reapplication required.
  • 9-807 Repealed.
  • 9-808 Stockholder vote for conversion to state bank or state trust company; application to commissioner; investigation; capital and name; stock for stock or property; powers continued; assets transferred; same entity; divesture of unauthorized assets and liabilities.
  • 9-809 Stockholder vote for conversion to national bank; copy of application to commissioner.
  • 9-810 Repealed.
  • 9-811 Prohibition against nonbank banks; exceptions.
  • 9-812 Bank change of name; approval required.
  • 9-813 Repealed.
  • 9-814 Change of place of business; application and approval process.
  • 9-815 Expenses of examination or investigation; payment; disposition of moneys received.
  • 9-816 Bankers' bank; application for organization.
  • 9-817 Mutual banks; deposits and related powers.
• Article 9.—BANKING CODE; CAPITAL STOCK AND STRUCTURE
  • 9-901 Repealed.
  • 9-901a Capital requirements.
  • 9-901b Expired.
  • 9-902 Par value of stock.
  • 9-903 Transfer of stock; report to commissioner.
  • 9-904 Reduction of capital stock, when.
  • 9-905 Increase of capital stock.
  • 9-906 Restoration of impaired capital.
  • 9-907 Delinquent stockholders; public or private sale of stock.
  • 9-908 Preferred stock.
  • 9-909 Preferred stock; rights and immunities of holders.
  • 9-910 Dividends from capital stock prohibited; how current dividends paid.
  • 9-911 Declarations of dividends.
  • 9-912 Surplus account; stock dividends from reduction.
• Article 10.—BANKING CODE; RESERVES
  • 9-1001 Repealed.
  • 9-1002 through 9-1004 Repealed.
• Article 11.—BANKING CODE; POWERS
  • 9-1101 General powers.
  • 9-1101a Issuance of capital notes or debentures, when; limitations.
  • 9-1101b Repealed.
  • 9-1102 Holding of real estate; limitations.
  • 9-1103 Repealed.
  • 9-1104 Limitation on loans and borrowing; determination of limits; compliance with section; definitions.
  • 9-1105 Repealed.
  • 9-1106 Repealed.
  • 9-1107 Temporary borrowing by bank; limitation; exceptions.
  • 9-1108 Repealed.
  • 9-1109 Repealed.
  • 9-1110 Repealed.
  • 9-1111 Branch banking; remote service units.
  • 9-1111a Repealed.
  • 9-1111b Applications for branch banks; examinations and investigation fee; disposition and use of fees.
  • 9-1111c Repealed.
  • 9-1111d Repealed.
  • 9-1112 Unlawful transactions.
  • 9-1113 Repealed.
  • 9-1114 Board of directors of bank or trust company; membership; meetings; notification to commissioner, when.
  • 9-1115 Officers of bank or trust company; election; term; bond; forfeiture of office.
  • 9-1116 Meetings of board; examination of records, funds and securities; minutes.
  • 9-1117 Repealed.
  • 9-1118 Repealed.
  • 9-1119 Certified checks, drafts or orders.
  • 9-1120 Repealed.
  • 9-1121 Reproduction of records and papers; evidence.
  • 9-1122 Closing of banks; business hours; emergencies.
  • 9-1123 Bank service corporations; definitions.
  • 9-1124 Same; investment by banks; limitations.
  • 9-1125 Same; unreasonable discrimination in providing services prohibited; exceptions.
  • 9-1126, 9-1127 Repealed.
  • 9-1127a Same; services which may be performed for depository institutions.
  • 9-1127b Same; services which may be provided by corporations; restrictions.
  • 9-1127c Same; investments in corporations performing certain services under K.S.A. 9-1127b; approval required.
  • 9-1127d Same; services performed for bank or subsidiary or affiliate; regulation and examination by commissioner; rules and regulations.
  • 9-1127e Same; investments by savings and loan associations and savings banks.
  • 9-1127f Same; new activities with savings and loan associations; prior approval required.
  • 9-1127g Same; permitted activities.
  • 9-1127h Savings and loan service corporations; definitions.
  • 9-1128 Deposits by banks or trust companies acting as fiduciaries or custodians for fiduciaries of certain securities guaranteed by the United States or agencies thereof; rules and regulations; records of ownership; certifications of deposit.
  • 9-1129 Same; application of act.
  • 9-1130 Retention of books and records; rules and regulations; destruction; photographic reproduction; electronic recordation; confidentiality of records unaffected.
  • 9-1131 Repurchase agreements with pooled money investment board.
  • 9-1132 Personal liability of officers and directors, exceptions.
  • 9-1133 Liability of officers and directors; actions; certain provisions applicable.
  • 9-1134 Liability of officers and directors; severability.
  • 9-1135 Repealed.
  • 9-1136 Powers; authority to lease certain personal property; definitions.
  • 9-1137 Compliance review committees; functions; confidentiality of certain documents; definitions; exceptions.
  • 9-1138 School savings deposit program; requirements; definitions.
  • 9-1139 Repealed.
  • 9-1140 Prohibiting branch banks in certain locations.
  • 9-1141 Securing deposits for federally recognized Indian tribe.
  • 9-1142 Savings promotion; requirements; rules and regulations.
• Article 12.—BANKING CODE; TRANSACTIONS
  • 9-1201 Application.
  • 9-1202, 9-1203 Repealed.
  • 9-1204 Methods to withdraw deposits; deposits of minors; safe deposit box lease.
  • 9-1205 Joint accounts.
  • 9-1206 Set off.
  • 9-1207 Adverse claim to deposit.
  • 9-1208 Repealed.
  • 9-1209 Repealed.
  • 9-1210 Repealed.
  • 9-1211 Repealed.
  • 9-1212 Repealed.
  • 9-1213 Payment of drafts of failed or closed banks.
  • 9-1214 Payment of drafts of failed or closed banks; release from liability.
  • 9-1215 Payable on death accounts.
  • 9-1216 Repealed.
• Article 13.—BANKING CODE; DEPOSIT INSURANCE AND BONDS
  • 9-1301 Deposit insurance; surety bond.
  • 9-1301a Repealed.
  • 9-1302 Subrogation upon payment by insurer of deposits.
  • 9-1303 Repealed.
  • 9-1304 Closed banks may borrow from or sell to federal insurance corporation.
• Article 14.—BANKING CODE; DEPOSIT OF PUBLIC MONEYS
  • 9-1401 Designation of depositories for public funds; duty of public officers; agreements.
  • 9-1402 Securing the deposits of public funds.
  • 9-1402a Repealed.
  • 9-1403 Securities for deposits of public funds; exemption during peak deposits.
  • 9-1404 Repealed.
  • 9-1405 Deposit of securities, security entitlements and financial assets in securities account; written custodial agreement; receipt.
  • 9-1406 Exemption from liability for loss by official depository.
  • 9-1407 Exemption of security for insured portion of public deposits; reciprocal deposit programs.
  • 9-1408 Definitions.
  • 9-1409 Securing deposits of public moneys of out-of-state governmental units; when.
  • 9-1410 Public moneys pooled method of investment; requirements, conditions and limitations; duties of the state treasurer and administrator; rules and regulations; statements; required reports; failure to meet statutory requirements; fines and sanctions.
  • 9-1411 Duties of administrator in the event of a default; liquidation of securities; delegation to federal deposit insurance agency.
  • 9-1412 Reports required by a bank, savings and loan association or savings bank and the administrator upon request of a governmental unit.
• Article 15.—BANKING CODE; SAFE DEPOSIT BOX RENTAL
  • 9-1501 Authority to keep and maintain safe deposit boxes.
  • 9-1502 Legal relationship between renter and bank.
  • 9-1503 Joint tenancy of safe deposit box; liability.
  • 9-1504 Death of lessee or lessees in joint tenancy; opening of box; disposition of contents.
  • 9-1505 Lessor to give information to public authority.
  • 9-1506 Default of lessee; notice; disposition of contents.
  • 9-1507 Repealed.
• Article 16.—BANKING CODE; TRUST AUTHORITY
  • 9-1601 Application and authority to act as trust company; exemptions.
  • 9-1602 Revoking trust authority.
  • 9-1603 Assets held in fiduciary capacity segregated; records; security of funds.
  • 9-1604 Liquidation, termination of trust business.
  • 9-1605 Repealed.
  • 9-1606 Repealed.
  • 9-1607 Appointment of nominee when acting as fiduciary; records.
  • 9-1608 Repealed.
  • 9-1609 Fiduciary may establish collective investment funds.
  • 9-1610 Repealed.
  • 9-1611 Bank or trust company acting as fiduciary may deal in manner authorized by instrument with company having control of bank or trust company.
  • 9-1612 Company having control over a bank or trust company defined.
• Article 17.—BANKING CODE; SUPERVISION; COMMISSIONER
  • 9-1701 Examination of banks and trust companies; other reports.
  • 9-1702 Examination of fiduciaries and affiliated organizations and their officers and employees.
  • 9-1703 Examination and administrative expenses; annual assessment, due dates for payments, delinquency penalty; disposition of receipts; bank commissioner fee fund.
  • 9-1704 Reports to commissioner; publication, when.
  • 9-1705 Repealed.
  • 9-1706 Repealed.
  • 9-1707 Repealed.
  • 9-1708 Refusal to be examined; remedy.
  • 9-1709 Failure to respond to a lawful request of the commissioner.
  • 9-1710 Repealed.
  • 9-1711 Repealed.
  • 9-1712 Examination of records and investigative materials of commissioner, confidential; disclosure.
  • 9-1713 Adoption of rules and regulations; approval of board.
  • 9-1714 Appointment of special deputy bank commissioner.
  • 9-1715 Special orders; procedures.
  • 9-1716 Powers of commissioner; order restricting declaration and payment of dividends.
  • 9-1717 Prohibition against felon from serving as director, officer or employee.
  • 9-1718 Repealed.
  • 9-1719 Change of control; definitions.
  • 9-1720 Change of control; approval.
  • 9-1721 Application process; approval factors and criteria; time frame.
  • 9-1722 Application requirements; fingerprinting; fees.
  • 9-1723 Repealed.
  • 9-1724 Provisions of K.S.A. 9-1720 through 9-1724 not applicable to mergers resulting in a national bank; notice of such merger required; charter of bank or trust company that ceases existence deemed void, when.
  • 9-1725 Powers of the commissioner during existence of an emergency.
  • 9-1726 Fees; rules and regulations.
• Article 18.—BANKING CODE; SUPERVISION; BOARD
  • 9-1801 Repealed.
  • 9-1802 Repealed.
  • 9-1803 Repealed.
  • 9-1804 Repealed.
  • 9-1805 Removal of officer or director; hearing; judicial review.
  • 9-1806 Repealed.
  • 9-1807 Cease and desist orders; institution of proceedings by commissioner; hearing by board; issuance; temporary orders of commissioner.
  • 9-1808 Repealed.
  • 9-1809 Civil penalties.
  • 9-1810 Informal agreements with commissioner; when; confidentiality.
  • 9-1811 Consent orders; when.
• Article 19.—BANKING CODE; DISSOLUTION; INSOLVENCY
  • 9-1901 Dissolution.
  • 9-1902 Definition of insolvency.
  • 9-1902a Critical undercapitalization.
  • 9-1903 Undercapitalized and insolvent banks and trust companies; commissioner to take charge, when.
  • 9-1904 Repealed.
  • 9-1905 Receiver for insolvent and undercapitalized bank or trust company.
  • 9-1906 Receiver to take charge of assets; order of payment.
  • 9-1907 Powers of federal deposit insurance corporation or its successor.
  • 9-1908 Title to all assets to vest in insurance corporation.
  • 9-1909 Claims to be filed within one year.
  • 9-1910 Surrender control to commissioner.
  • 9-1911 Receiver may borrow money.
  • 9-1912 Repealed.
  • 9-1913 Repealed.
  • 9-1914 Repealed.
  • 9-1914a Repealed.
  • 9-1915 Deposits or debts while insolvent; liability.
  • 9-1916 Same; action to enforce liability; evidence.
  • 9-1917 Undelivered funds due creditors, depositors and shareholders of defunct bank or trust company; duties of commissioner and state treasurer; undistributed assets of defunct institutions fund.
  • 9-1918 Escheat and disposition of certain property in custody of commissioner; escheat.
  • 9-1919 Voluntary liquidation.
  • 9-1920 Borrowing by liquidating bank.
  • 9-1921 Sale of bank's assets as part of liquidation.
• Article 20.—BANKING CODE; CRIMES AND PUNISHMENTS
  • 9-2001 Failing to perform duty; penalty.
  • 9-2002 Making false report, statement or entry in the books; penalty.
  • 9-2003 Repealed.
  • 9-2004 Swear or affirm falsely as perjury; penalty.
  • 9-2005 Neglect of commissioner or deputy; penalty.
  • 9-2006 Receiving deposits after authority revoked; penalty.
  • 9-2007 Violations by receiver; penalties.
  • 9-2008 Certified checks, drafts or orders in excess of amount on deposit.
  • 9-2009 Repealed.
  • 9-2010 Insolvent bank receiving deposits; penalty.
  • 9-2011 Unlawfully engaging in the banking or trust company business; authorization of commissioner required before engaging in the banking or trust business; criminal penalty.
  • 9-2012 Intent to injure or defraud; penalty.
  • 9-2013 Unlawful to offer or solicit anything of value; penalty.
  • 9-2014 Violation of act; commissioner or deputy to inform county or district attorney.
  • 9-2015 Repealed.
  • 9-2016 Unlawfully transacting banking or trust business; penalty.
  • 9-2017 Repealed.
  • 9-2018 Severability.
  • 9-2019 Unlawful to obstruct examination; penalty.
• Article 21.—TRUST COMPANIES
  • 9-2101 Repealed.
  • 9-2102 Applicability of act.
  • 9-2103 Powers of trust companies; limited purpose trust companies.
  • 9-2104 Liability of holder of stock in a trust company.
  • 9-2105 Repealed.
  • 9-2106 Repealed.
  • 9-2107 Authority for the contracting for trust services; definitions; notice filing; authority of commissioner; fees; examination; branches.
  • 9-2108 Trust service office; establishment or relocation; application; exemptions.
  • 9-2109, 9-2110 Repealed.
  • 9-2111 Prohibiting out-of-state entity to establish or operate trust facility; exceptions; requirements to do business.
• Article 22.—MORTGAGE BUSINESS
  • 9-2201 Definitions.
  • 9-2202 Organizations, entities and individuals exempt from licensure.
  • 9-2203 License required to conduct mortgage business; mortgage business at remote locations, requirements; registration required for a loan originator; penalty; statute of limitations for prosecution.
  • 9-2204 Application for license for mortgage company; application for registration for loan originator; content; incomplete application.
  • 9-2205 License or registration; renewal; fees, late fees, uses.
  • 9-2206 Application denied; application abandoned; appeal.
  • 9-2207 Denial, suspension or revocation of license or registration; notice; disciplinary proceedings.
  • 9-2208 Availability of evidence of licensure; providing notice of certain information to consumer; contents; advertising or solicitation disclosures.
  • 9-2209 Powers and duties of state bank commissioner; orders to appear before commissioner; other remedies available to consumers.
  • 9-2210 Fees; disposition.
  • 9-2211 Bonding requirements; positive net worth requirements.
  • 9-2212 Prohibited acts for persons licensed or registered under act.
  • 9-2213 Time limit for deposit of escrow funds; records required.
  • 9-2214 Ownership of documents.
  • 9-2215 Change in licensee's business; notice.
  • 9-2216 Retention of records; time period; inspection of records; security of records; preservation of records.
  • 9-2216a Annual written report; penalty; consumer education fund; confidentiality of information in such report.
  • 9-2217 Confidentiality of examination reports; exceptions.
  • 9-2218 Cease and desist orders; civil fines.
  • 9-2219 Injunction.
  • 9-2220 Citation of act; severability clause.
  • 9-2221 Computation of any period of time under act.
  • 9-2222 Electronic writings or signatures authorized.
  • 9-2223 Applicability of provisions to covered transactions.
  • 9-2224 Restrictions on interest in land as security; violation.
  • 9-2225 Waiver or agreement to forego rights; settlement of claims; authorization to confess judgment prohibited; authorization in violation of section is void.
  • 9-2226 Effect of violations on rights of parties; cause of action by consumer; correction of error by mortgage company; reimbursement of fees and costs.
  • 9-2227 Right to prepay unpaid balance of covered transaction.
  • 9-2228 Limitation on periodic finance charge for covered transactions and prepaid finance charges.
  • 9-2229 Additional charges allowed.
  • 9-2230 Late fees authorized; limitation.
  • 9-2231 Loans secured by mortgages on consumer's principal residence; negative amortization and balloon payments prohibited.
  • 9-2232 Appraisals required; notice to consumer of high loan-to-value mortgage; refund of certain fees after consumer withdrawals from covered transaction.
  • 9-2233 Enforcement of default provision in agreement.
  • 9-2234 Cure of default and notice of right to cure; surrender of collateral by consumer; possession of collateral by mortgage company.
• Article 23.—TECHNOLOGY-ENABLED FIDUCIARY FINANCIAL INSTITUTIONS
  • 9-2301 Citation of act; definitions.
  • 9-2302 Organization; application for certificate of authority; out-of-state banks and trust companies criteria for approval; fingerprinting; applicable distribution.
  • 9-2303 Fees and assessments; examination expenses; remittance of moneys.
  • 9-2304 Provisions of state banking code applicable; exceptions; conflict of law.
  • 9-2305 Capitalization requirements.
  • 9-2306 Board of directors; membership; annual meeting; oath; notification of commissioner.
  • 9-2307 Report to commissioner; examinations; requirements.
  • 9-2308 Name of institution; advertising; restrictions.
  • 9-2309 Maintaining suitable office space; requirements; staffing; maintenance of records.
  • 9-2310 General powers.
  • 9-2311 Financing; required distribution amount; schedules; remittance of moneys; disclosure to customers.
  • 9-2312 Authorized functions; parties engaged by an institution; services to residents of other states.
  • 9-2313 Custodial services; requirements.
  • 9-2314 Trust advisor; rights, powers, immunities and liabilities.
  • 9-2315 Excluded fiduciary; actions not liable for; relieved of certain duties; deemed administrative actions.
  • 9-2316 Trust advisor; presumed fiduciary; jurisdiction; appointment.
  • 9-2317 Entity as trust advisor; requirements.
  • 9-2318 Indemnification of trust advisor; exceptions.
  • 9-2319 Trustee compensation.
  • 9-2320 Privacy; protection in court proceedings; exception.
  • 9-2321 Forms; definition; request for review; review not approval or endorsement.
  • 9-2322 Adoption of rules and regulations by the commissioner; contracts for technical assistance.
  • 9-2323 No maximum interest rate or charge.
  • 9-2324 Technology-enabled fiduciary financial institutions development and expansion fund; administration by secretary of commerce; purpose; interest earnings.
  • 9-2325 Pilot program; requirements; fees; distributions; conversion to full charter; report to certain committees of the legislature.
  • 9-2326 Trust interest not void or invalid by any common law rule.
  • 9-2327 Tax classification as determined under the federal internal revenue code.
• Article 24.—EARNED WAGE ACCESS SERVICES
  • 9-2401 Citation of act; entities exempt therefrom.
  • 9-2402 Definitions.
  • 9-2403 Registration; application; fee.
  • 9-2404 Surety bond.
  • 9-2405 Registrant requirements.
  • 9-2406 Prohibited acts.
  • 9-2407 Earned wage access services not considered to be a loan or money transmission; act controls in conflict with other state law.
  • 9-2408 Annual report; confidentiality; reportable events; penalty for failure to report.
  • 9-2409 Records retention; examination; expenses.
  • 9-2410 Denial, suspension or revocation of registration.
  • 9-2411 Powers of the commissioner to administer the act; rules and regulations; fingerprinting and criminal history record check.
  • 9-2412 Violations of act; notice and hearing; orders; penalties; hearings.
  • 9-2413 Failure to obey subpoena.
  • 9-2414 Criminal penalties for violations.
  • 9-2415 Actions to enjoin any violation of the act.
  • 9-2416 Disposition of fees.