6-129

6-129. Records; disclosure and limitations on
disclosure; evidentiary effect

A. Except as otherwise provided by this title, the records of the department
relating to financial institutions shall not be public documents nor shall they be open
for inspection by the public and neither the superintendent nor any member of the
superintendent's staff shall disclose any information obtained in the discharge of
official duties to any person not connected with the department.

B. Records and information may be disclosed as follows:

1. To representatives of federal agencies insuring accounts in the financial
institution.

2. To representatives of state or federal agencies and foreign countries having
regulatory or supervisory authority over the activities of the financial institution or
enterprise or similar financial institutions or enterprises if such representatives are
permitted to and do, upon request of the superintendent, disclose similar information
respecting those financial institutions or enterprises under their regulation or
supervision or to such representatives who state in writing under oath that they shall
maintain the confidentiality of such information.

3. To the attorney general of this state.

4. To a select committee of the legislature of this state appointed for the purpose
of inspecting such records, but this paragraph shall not permit disclosure of information
as to the condition of any particular financial institution or enterprise, or disclosure
of information as to any particular transaction or transactions of a financial
institution or enterprise, or disclosure of information which has been disclosed to a
financial institution or enterprise by or on behalf of any person in connection with a
transaction or proposed transaction with such financial institution or enterprise.

5. To a federal, state or county grand jury in response to a lawful subpoena.

6. To the auditor general of this state for the purpose of conducting audits
authorized by law.

7. To state and federal law enforcement agencies.

8. To a federal home loan bank, as defined by the federal home loan act of 1932 (12
United States Code section 1422), after the department receives authorization to release
the records from the financial institution that is the subject of the records.

C. The superintendent may:

1. Disclose the fact of filing of applications with the department pursuant to this
title, give notice of a hearing, if any, regarding such applications, and announce the
superintendent's action thereon.

2. Disclose whether a person is or was certified or licensed by the department, the
type of license or certificate held and the status of the license or certificate.

3. Disclose final decisions in connection with proceedings for the suspension or
revocation of licenses or certificates issued pursuant to this title.

4. Disclose final decisions in connection with the issuance of an order to cease
and desist issued pursuant to section 6-137.

5. Disclose to the financial institution or enterprise or its holding company the
results of any examination, inquiry or investigation by the department regarding that
financial institution or enterprise.

6. Disclose to the financial institution or enterprise any complaint made
concerning that financial institution or enterprise.

7. Disclose to any person who complains to the department concerning any financial
institution or enterprise the result of any investigation concerning the complaint.

8. Prepare and circulate reports reflecting the assets and liabilities of financial
institutions, including such other information considered pertinent to the purpose of
each report for general statistical information.

9. Prepare and circulate reports provided by law.

D. Every official report of the department is prima facie evidence of the facts
therein stated in any action or proceeding wherein the superintendent is a party.

E. Disclosure of the results of any examination, inquiry or investigation disclosed
to the financial institution or enterprise pursuant to subsection C, paragraph 5 of this
section or disclosure of any complaint to the financial institution or enterprise
pursuant to subsection C, paragraph 6 of this section does not make that information a
public record, and the financial institution or enterprise or its holding company may not
disclose any of the information to the general public. Under no circumstances shall any
of the comments, conclusions or results of an examination, inquiry or investigation
disclosed pursuant to subsection C, paragraph 5 of this section be used or referenced in
any form by a financial institution, enterprise or holding company in any type of
communication to a customer or potential customer.

F. Nothing in this section shall be construed to prevent the disclosure of
information which is admissible in evidence in any civil or criminal proceeding brought
by or at the request of the superintendent or this state to enforce or prosecute
violations of this title or the rules or orders issued or adopted pursuant to this title.