9-1722.   Change of control; required information to be filed; fees.(a) A notice of a proposed bank acquisition filed pursuant to K.S.A.9-1721, and amendments thereto, shall contain the following information:

      (1)   The identity, personal history, business background and experienceof each person by whom or on whose behalf the acquisition is to be made,including such person's material business activities and affiliations duringthe past five years and a description of any material pending legal oradministrativeproceedings in which the person is a party and any criminal indictment orconviction of such person by a state or federal court;

      (2)   a statement of the assets and liabilities of each person by whom oron whose behalf the acquisition is to be made, as of the end of the fiscalyear for each of the five fiscal years immediately preceding the date ofthe notice, together with related statements of income and source andapplicationof funds for each of the fiscal years then concluded andan interim statement of the assets and liabilities for each such person,together with related statements of income and source and application offunds, as of a date not more than 90 days prior to the date of the filingof the notice. Individuals who own 10% or more shares in a bank holdingcompany, as defined in K.S.A. 9-519, and amendments thereto,shall file the financial information required by this paragraph;

      (3)   the terms and conditions of the proposed acquisition and the mannerin which the acquisition is to be made;

      (4)   the identity, source and amount of the funds or other considerationsused or to be used in making the acquisition and, if any part of these fundsor other considerations has been or is to be borrowed or otherwise obtainedfor the purpose of making the acquisition, a description of the transaction,the names of the parties, and any arrangements, agreements or understandingswith such persons;

      (5)   any plans or proposals which any acquiring party making the acquisitionmay have to liquidate the bank, to sell its assets or merge it with anycompany or to make any other major change in its business or corporate structureor management;

      (6)   the identification of any person employed, retained or to be compensatedby the acquiring party or by any person on such person's behalf to makesolicitations or recommendations to stockholders for the purpose of assistingin the acquisition and a brief description of the terms of such employment,retainer or arrangement for compensation;

      (7)   copies of all invitations or tenders or advertisements making a tenderoffer to stockholders for purchase of their stock to be used in connectionwith the proposed acquisition; and

      (8)   any additional relevant information in such forms as the departmentmay require by specific request in connection with any particular notice.

      (b)   The commissioner may accept an application filed with the federalreserve bank or federal deposit insurance corporation in lieu of a statementfiled pursuant to subsection (a). The commissioner may, in addition to suchapplication, request additional relevant information.

      (c)   At the time of filing a notice of a proposed bank acquisition pursuantto K.S.A. 9-1721, and amendments thereto, or an application filed pursuant tosubsection (b), the applicant shall pay to the commissioner a fee in an amountestablished by rules and regulations adopted by the commissioner.

      History:   L. 1984, ch. 47, § 4;L. 1986, ch. 55, § 3;L. 1992, ch. 62, § 4; July 1.