9-1303. Exchange of examinations and reports.
9-1303
9-1303. Exchange of examinations and
reports.
(a) The state bank commissioner is hereby authorized to accept any
report of
examination of a state bank or trust company made by the federal deposit
insurance corporation or its successor,
or by
the federal reserve bank, but only one such report of examination shall be
accepted in lieu of
any examination required by this act in any one calendar year. The commissioner
also may accept any report obtained by
the federal deposit insurance corporation or the federal
reserve bank
relative to the condition of any bank or trust company in
lieu of any report required by this act.
(b) The commissioner shall furnish to the federal deposit insurance
corporation, or to any officer or examiner thereof, a copy of any or all
examination reports made by the commissioner, or the commissioner's
examiners, of any bank or trust company insured by such
corporation. The commissioner
may disclose to the federal deposit insurance corporation, or any
official or examiner thereof, any and all
information contained in the commissioner's office concerning the
condition of any bank or trust company insured by such
corporation.
(c) The
commissioner may disclose to the federal reserve bank,
office of the comptroller of currency, the federal home loan bank,
other
state bank, trust company
and savings and
loan regulatory agencies, the office of thrift supervision, and the
financial crimes enforcement network,
or any officer or
examiner thereof, any and all information contained in the commissioner's
office concerning the condition of any bank or trust company.
(d) The
commissioner may furnish to the state treasurer a copy of any or all
examination information relating specifically to apparent violations of the
uniform unclaimed property act, K.S.A. 58-3934 through 58-3978, and amendments
thereto.
(e) The commissioner, by agreement, may establish an information
sharing and exchange program with a functional regulatory agency that has
overlapping regulatory jurisdiction with the department, with respect to all
or part of an affiliated group that includes a financial institution, to reduce
the potential for duplicative and burdensome filings, examinations and other
regulatory activities. Each agency party to such an agreement shall agree to
maintain confidentiality of information that is confidential under applicable
statute or federal law and to take all reasonable steps to oppose any effort to
secure disclosure of the information by such agency.
(f) Disclosure of information by or to the commissioner pursuant to this
section shall not constitute a waiver of or otherwise affect or diminish a
privilege to which the information is otherwise subject, whether or not the
disclosure is governed by a confidentiality agreement.
(g) As used in this section: (1) "Affiliated group" means two or more persons
affiliated through common ownership or a contractual common undertaking
involving the sharing of customer information among such persons;
(2) "agency" means a department or agency of this state, another state, the
United States or any related agency or instrumentality;
(3) "functional regulatory agency" means an agency that regulates,
charters, licenses or registers persons engaged in activities that are
financial in nature, incidental to financial activities, or complementary to
financial activities, as those terms are used in the Gramm-Leach Bliley act of
1999
(P.L. 106-102), including activities related to banking, insurance or
securities,
within the jurisdiction of the agency;
(4) "privilege" includes any work product, attorney client or other privilege
recognized under federal or state law.
(h) Nothing
in this act shall
be construed to limit the powers of the commissioner with reference to
examinations and reports required by this act.
History: L. 1947, ch. 102, § 61; L. 1975, ch. 44, § 23; L. 1975,
ch. 45, § 5;
L. 1985, ch. 56, § 4;
L. 1987, ch. 54, § 7;
L. 1995, ch. 17, § 1;
L. 2001, ch. 35, § 1;
L. 2005, ch. 19, § 1; July 1.