Chapter 9 BANKS AND BANKING; TRUST COMPANIES
- Article 1 GENERAL PROVISIONS
- 9-101
- 9-101a
- 9-101b, 9-101c
- 9-101d
- 9-101e
- 9-101f
- 9-102
- 9-103
- 9-104
- 9-105
- 9-106
- 9-107
- 9-108
- 9-109
- 9-110
- 9-111
- 9-112
- 9-113, 9-114
- 9-115
- 9-116
- 9-117
- 9-118
- 9-119
- 9-120
- 9-121
- 9-122
- 9-123
- 9-124
- 9-125
- 9-125a
- 9-125b, 9-125c
- 9-126
- 9-127, 9-128
- 9-129
- 9-130
- 9-130a
- 9-131
- 9-132
- 9-133
- 9-134
- 9-135
- 9-136
- 9-137
- 9-138
- 9-139
- 9-140
- 9-141
- 9-142
- 9-143
- 9-143a
- 9-144
- 9-145
- 9-146
- 9-146a to 9-146c
- 9-147
- 9-148
- 9-149, 9-150
- 9-151
- 9-152
- 9-153
- 9-154
- 9-155
- 9-155a
- 9-156
- 9-157
- 9-158
- 9-159
- 9-160, 9-161
- 9-162
- 9-163
- 9-164
- 9-165
- 9-166
- 9-167
- 9-168
- 9-169, 9-170
- 9-171
- 9-172
- 9-173
- 9-174
- 9-175
- 9-176
- 9-177
- 9-178
- 9-179
- 9-180
- 9-181, 9-182
- Article 2 DEPOSITORS' GUARANTY FUND
- Article 3 DEPOSIT OF PUBLIC MONEYS
- Article 4 STATE BANKING BOARD DUTIES
- Article 5 MISCELLANEOUS PROVISIONS
- 9-501 to 9-503
- 9-504, 9-505
- 9-505a to 9-505c
- 9-506, 9-507
- 9-508. Money transmitter; definitions.
- 9-509. Money transmitter; license; application; net worth requirement; deposit of security or bond; conditions; powers and duties of state bank commissioner.
- 9-510. Money transmitter; engaging in business; locations; list of agents.
- 9-510a. Same; authorized charges for transmission.
- 9-511. Inapplicability of act to certain businesses and activities.
- 9-512. Money transmitter; penalties for violations.
- 9-513. Money transmitter; invalidity of part; interpretation of act.
- 9-513a. Money transmitter; issuance of license; revocation of license, when.
- 9-513b. Money transmitter; permissible investments; requirements.
- 9-513c. Money transmitter; confidential information; release of, when.
- 9-513d. Citation of Kansas money transmitter act.
- 9-514. Suspension of business by banks and trust companies in emergency; definitions.
- 9-515. Same; powers of commissioner.
- 9-516. Same; powers of bank officers.
- 9-517. Same; notice to commissioner.
- 9-518. Same; effect of closing; act in addition to other laws.
- 9-519. Bank holding companies; definitions.
- 9-520. Same; ownership limitations; exceptions.
- 9-521
- 9-522
- 9-523. Same; board of directors of each bank.
- 9-524
- 9-525 to 9-531
- 9-532. Interstate banking; approval.
- 9-533. Same; application; required information.
- 9-534. Same; application; approval; factors.
- 9-535. Same; 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. Same; filing of CRA performance evaluation.
- 9-539. Same; rules and regulations.
- 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.
- Article 6 FEDERAL DEPOSIT INSURANCE
- Article 7 BANKING CODE; DEFINITIONS
- Article 8 BANKING CODE; ORGANIZATION
- 9-801. Articles of incorporation, contents; requirements prior to filing; name of bank or trust company.
- 9-802. Existence; transaction of business before authorization.
- 9-803. Renewal and extension of corporation.
- 9-804. Certificate of authority; examination.
- 9-805. List of stockholders; submission to commissioner; when.
- 9-806. Failure to engage in business.
- 9-807. Validation of acts done under lapsed articles of incorporation.
- 9-808. Stockholder vote for conversion to state bank; approval by commissioner; investigation; capital and name; stock for stock or property; powers continued; assets transferred; dissenting stockhold
- 9-809. Stockholder vote for conversion to national bank; proceedings; written notice to commissioner.
- 9-810. Private banks prohibited.
- 9-811. Prohibition against nonbank banks; allowing certain credit card banks.
- 9-812. Bank change of name; approval required.
- 9-813. Prohibiting interstate branch banking.
- Article 9 BANKING CODE; CAPITAL STOCK AND STRUCTURE
- 9-901
- 9-901a. Amount of capital.
- 9-901b
- 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 of preferred stock.
- 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
- Article 11 BANKING CODE; POWERS
- 9-1101. General powers; maximum interest rates on deposit accounts; investments.
- 9-1101a. Issuance of capital notes or debentures, when; limitations.
- 9-1101b. Same; banks ineligible as state depository, when.
- 9-1102. Holding of real estate and personal property; limitations.
- 9-1103. Federal reserve bank membership.
- 9-1104. Limitation on loans and borrowing; determination of limits; compliance with section; definitions.
- 9-1105. Insured mortgage loans.
- 9-1106. Insured bonds, notes, or obligations.
- 9-1107. Temporary borrowing by bank; limitation; exceptions.
- 9-1108. Voluntary liquidation of banks.
- 9-1109. Borrowing by liquidating bank or trust company.
- 9-1110. Sale of bank assets.
- 9-1111. Branch banking; transactions by remote service units authorized; conditions and restrictions; remote service unit defined.
- 9-1111a
- 9-1111b. Applications for branch banks; examinations and investigation fee; disposition and use of fees.
- 9-1111c
- 9-1111d. Machine readable instruments; unauthorized transactions; liability; definitions.
- 9-1112. Unlawful transactions.
- 9-1113. Unlawful preferences.
- 9-1114. Board of directors of bank or trust company; number; qualifications; election, date, notice; increase, when; vacancies; forfeiture of office; annual meeting.
- 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; recording of results; acceptance of audit by certified public accountant or auditor.
- 9-1117
- 9-1118. Oath of directors and president.
- 9-1119. Certified checks, drafts or orders.
- 9-1120
- 9-1121. Reproduction of records and papers; evidence.
- 9-1122. Closing one business day a week; change in hours; notice.
- 9-1123. Bank service corporations; investments in; definitions.
- 9-1124. Same; investment by banks; limitations.
- 9-1125. Same; unreasonable discrimination in providing services prohibited; exceptions.
- 9-1126, 9-1127
- 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 9-1127b; approval required.
- 9-1127d. Same; services performed for bank or subsidiary or affiliate; regulation and examination by commissioner; rules and regulations.
- 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; recor
- 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. Trust branch bank defined; application; conditions.
- 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. Establishing branch bank at certain locations prohibited.
- 9-1140. Same; definitions.
- Article 12 BANKING CODE; TRANSACTIONS
- 9-1201. Application of 9-1204 to 9-1207, 9-1213 and 9-1214.
- 9-1202, 9-1203
- 9-1204. Deposits of minors.
- 9-1205. Joint accounts.
- 9-1206. Set off.
- 9-1207. Adverse claim to deposit.
- 9-1208
- 9-1209
- 9-1210
- 9-1211
- 9-1212
- 9-1213. Payment of certain drafts of failed or closed banks.
- 9-1214. Same; release from liability.
- 9-1215. Contracts for payment to beneficiaries upon deposit account owners' deaths; rights of owner during lifetime; change of beneficiary.
- 9-1216. Same; duties of bank; release and discharge thereof.
- Article 13 BANKING CODE; DEPOSIT INSURANCE AND BONDS
- 9-1301. Deposit insurance or fidelity bond to insure deposits required; bond requirements; annual audit, when; revocation of authority to do business, when; attorney general's duties.
- 9-1301a. Application for approval of private insurer; approval, when.
- 9-1302. Subrogation upon payment by insurer of deposits.
- 9-1303. Exchange of examinations and reports.
- 9-1304. Closed banks may borrow from or sell to federal insurance corporations.
- Article 14 BANKING CODE; DEPOSIT OF PUBLIC MONEYS
- 9-1401. Designation of depositories for municipal and quasi-municipal funds; duty of public officers; eligible depositories.
- 9-1402. Securing the deposits of public funds; acceptable items; items not acceptable; expenses.
- 9-1402a
- 9-1403. Securities for deposits of public funds; exemption during peak deposits.
- 9-1404
- 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.
- Article 15 BANKING CODE; SAFE DEPOSIT BOX RENTAL
- 9-1501. State policy.
- 9-1502. Legal relationship of box user.
- 9-1503. Joint tenancy of safe deposit box.
- 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; lien on contents; notice; disposition of contents.
- 9-1507. Surrender or termination; notice; disposition of contents.
- Article 16 BANKING CODE; TRUST AUTHORITY
- 9-1601. Application for trust authority; exercise upon approval; action as trustee or custodian without special permit, when; corporate name.
- 9-1602. Granting of application; revoking trust authority; hearing.
- 9-1603. Assets held in fiduciary capacity segregated; records; use.
- 9-1604. Liquidation, consolidation or merger.
- 9-1605. Mode of transfer of property.
- 9-1606. Authority of consolidated bank or trust company to act as fiduciary.
- 9-1607. Appointment of nominee when acting as fiduciary; liability.
- 9-1608. Same; records.
- 9-1609. Fiduciary may establish trust funds; rules and regulations.
- 9-1610. Same; court accountings.
- 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.
- 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. Special reports.
- 9-1706. Annual report to commissioner; when.
- 9-1707. Request for information; when.
- 9-1708. Penalty for refusal to be examined.
- 9-1709. Forfeiture of certificate for noncompliance.
- 9-1710. Rewards, bank robbers and burglars.
- 9-1711. Notice to county attorney.
- 9-1712. Examination records of commissioner confidential; disclosure, when, procedure.
- 9-1713. Adoption of rules and regulations; approval of board.
- 9-1714. Appointment of special deputy bank commissioner, when; appeal to board; hearing, decision.
- 9-1715. Authority to engage in activities authorized for national banks; powers of bank commissioner, limitations; special order, publication; report to legislature.
- 9-1716. Powers of commissioner; order restricting declaration and payment of dividends; appeal from order to state banking board, notice and hearing.
- 9-1717. Prohibition against felon from serving as director, officer or employee.
- 9-1718. Change of chief executive, report to commissioner.
- 9-1719. Change of control; definitions.
- 9-1720. Change of control; approval of commissioner required.
- 9-1721. Change of control; procedure; hearing; judicial review.
- 9-1722. Change of control; required information to be filed; fees.
- 9-1723. Change of control; disapproval; reasons.
- 9-1724. Merger, consolidation or transfer of assets and liabilities; information to be filed with commissioner; investigation; fees.
- Article 18 BANKING CODE; SUPERVISION; BOARD
- 9-1801. Application for incorporation or for certificate of authority to be filed with the board; acceptance and approval of application for incorporation and authority to do business by commissioner,
- 9-1802. Investigation and examination; approval or disapproval of application; two or more applications to serve same territory.
- 9-1803. Expenses of examination and investigation; payment; use and disposition of moneys received.
- 9-1804. Place of business; change of; application, investigation and approval; expenses of examination and investigation; payment; use and disposition of moneys received.
- 9-1805. Removal of officer or director; hearing; judicial review.
- 9-1806
- 9-1807. Cease and desist orders; institution of proceedings by commissioner; hearing by board; issuance; temporary orders of commissioner.
- 9-1808. Definition of bankers' bank; approval of application for organization.
- 9-1809. Civil penalties.
- Article 19 BANKING CODE; DISSOLUTION; INSOLVENCY
- 9-1901. Dissolution by district court; procedure.
- 9-1902. Definition of insolvency.
- 9-1902a. Undercapitalized, when.
- 9-1903. Undercapitalized and insolvent banks and trust companies; commissioner to take charge, when.
- 9-1904. Reorganization of insolvent and undercapitalized bank or trust company.
- 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. Examination of bank or trust company in hands of receiver; exception.
- 9-1913
- 9-1914. Report of examination form; fee for copies, approval.
- 9-1914a. Destruction of records and papers of state banks which went into receivership; procedure.
- 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.
- 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. Statement of resources and liabilities; examination; certificate of authority; penalty.
- 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. Bank or trust company in hands of receiver; penalties.
- 9-2008. Certified checks, drafts or orders in excess of amount on deposit.
- 9-2009. Failure to make or publish reports; penalty; legal proceeding.
- 9-2010. Insolvent bank receiving deposits; penalty.
- 9-2011. Unlawfully engaging in the banking or trust company business; penalty.
- 9-2012. Embezzlement or 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. Failure to comply with requirements; penalty.
- 9-2016. Unlawfully transacting banking or trust business; penalty.
- 9-2017. Legal services; penalty for soliciting or advertising.
- 9-2018. Severability.
- Article 21 TRUST COMPANIES
- 9-2101. Issuing certificate of authority as bank to trust company authorized to accept deposits; when.
- 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. Fiduciary or pledgor to represent stock; right to vote.
- 9-2106. Name of trust company.
- 9-2107. Allowing for the contracting for trust services; definitions; notice filing; authority of commissioner; fees; examination; branches.
- 9-2108. Trust service office; establishment or relocation; application.
- 9-2109, 9-2110
- 9-2111. Prohibiting out-of-state entity to establish or operate trust facility.
- Article 22 MORTGAGE BUSINESS
- 9-2201. Mortgage business; definitions.
- 9-2202. Exempt from licensure.
- 9-2203. License required to conduct mortgage business; 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.
- 9-2205. License or registration; renewal.
- 9-2206. Application denied; appeal.
- 9-2207. Denial, suspension or revocation of license or registration; notice; disciplinary proceedings.
- 9-2208. License; display; signed acknowledgment; contents; advertising or solicitation disclosure.
- 9-2209. Commissioner, powers and duties.
- 9-2210. Fees; disposition.
- 9-2211. Bonding requirements; minimum 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. Journal of mortgage transactions; annually written report; penalty.
- 9-2217. Confidentiality of examination reports; exceptions.
- 9-2218. Cease and desist orders; civil fines.
- 9-2219. Injunction.
- 9-2220. Citation of act; severability.