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 experience
of each person by whom or on whose behalf the acquisition is to be made,
including such person's material business activities and affiliations during
the past five years and a description of any material pending legal or
administrative
proceedings in which the person is a party and any criminal indictment or
conviction of such person by a state or federal court;
(2) a statement of the assets and liabilities of each person by whom or
on whose behalf the acquisition is to be made, as of the end of the fiscal
year for each of the five fiscal years immediately preceding the date of
the notice, together with related statements of income and source and
application
of funds for each of the fiscal years then concluded and
an interim statement of the assets and liabilities for each such person,
together with related statements of income and source and application of
funds, as of a date not more than 90 days prior to the date of the filing
of the notice. Individuals who own 10% or more shares in a bank holding
company, 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 manner
in which the acquisition is to be made;
(4) the identity, source and amount of the funds or other considerations
used or to be used in making the acquisition and, if any part of these funds
or other considerations has been or is to be borrowed or otherwise obtained
for the purpose of making the acquisition, a description of the transaction,
the names of the parties, and any arrangements, agreements or understandings
with such persons;
(5) any plans or proposals which any acquiring party making the acquisition
may have to liquidate the bank, to sell its assets or merge it with any
company or to make any other major change in its business or corporate structure
or management;
(6) the identification of any person employed, retained or to be compensated
by the acquiring party or by any person on such person's behalf to make
solicitations or recommendations to stockholders for the purpose of assisting
in 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 tender
offer to stockholders for purchase of their stock to be used in connection
with the proposed acquisition; and
(8) any additional relevant information in such forms as the department
may require by specific request in connection with any particular notice.
(b) The commissioner may accept an application filed with the federal
reserve bank or federal deposit insurance corporation in lieu of a statement
filed pursuant to subsection (a). The commissioner may, in addition to such
application, request additional relevant information.
(c) At the time of filing a notice of a proposed bank acquisition pursuant
to K.S.A. 9-1721, and amendments thereto, or an application filed pursuant to
subsection (b), the applicant shall pay to the commissioner a fee in an amount
established 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.
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 experience
of each person by whom or on whose behalf the acquisition is to be made,
including such person's material business activities and affiliations during
the past five years and a description of any material pending legal or
administrative
proceedings in which the person is a party and any criminal indictment or
conviction of such person by a state or federal court;
(2) a statement of the assets and liabilities of each person by whom or
on whose behalf the acquisition is to be made, as of the end of the fiscal
year for each of the five fiscal years immediately preceding the date of
the notice, together with related statements of income and source and
application
of funds for each of the fiscal years then concluded and
an interim statement of the assets and liabilities for each such person,
together with related statements of income and source and application of
funds, as of a date not more than 90 days prior to the date of the filing
of the notice. Individuals who own 10% or more shares in a bank holding
company, 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 manner
in which the acquisition is to be made;
(4) the identity, source and amount of the funds or other considerations
used or to be used in making the acquisition and, if any part of these funds
or other considerations has been or is to be borrowed or otherwise obtained
for the purpose of making the acquisition, a description of the transaction,
the names of the parties, and any arrangements, agreements or understandings
with such persons;
(5) any plans or proposals which any acquiring party making the acquisition
may have to liquidate the bank, to sell its assets or merge it with any
company or to make any other major change in its business or corporate structure
or management;
(6) the identification of any person employed, retained or to be compensated
by the acquiring party or by any person on such person's behalf to make
solicitations or recommendations to stockholders for the purpose of assisting
in 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 tender
offer to stockholders for purchase of their stock to be used in connection
with the proposed acquisition; and
(8) any additional relevant information in such forms as the department
may require by specific request in connection with any particular notice.
(b) The commissioner may accept an application filed with the federal
reserve bank or federal deposit insurance corporation in lieu of a statement
filed pursuant to subsection (a). The commissioner may, in addition to such
application, request additional relevant information.
(c) At the time of filing a notice of a proposed bank acquisition pursuant
to K.S.A. 9-1721, and amendments thereto, or an application filed pursuant to
subsection (b), the applicant shall pay to the commissioner a fee in an amount
established 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.
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 experience
of each person by whom or on whose behalf the acquisition is to be made,
including such person's material business activities and affiliations during
the past five years and a description of any material pending legal or
administrative
proceedings in which the person is a party and any criminal indictment or
conviction of such person by a state or federal court;
(2) a statement of the assets and liabilities of each person by whom or
on whose behalf the acquisition is to be made, as of the end of the fiscal
year for each of the five fiscal years immediately preceding the date of
the notice, together with related statements of income and source and
application
of funds for each of the fiscal years then concluded and
an interim statement of the assets and liabilities for each such person,
together with related statements of income and source and application of
funds, as of a date not more than 90 days prior to the date of the filing
of the notice. Individuals who own 10% or more shares in a bank holding
company, 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 manner
in which the acquisition is to be made;
(4) the identity, source and amount of the funds or other considerations
used or to be used in making the acquisition and, if any part of these funds
or other considerations has been or is to be borrowed or otherwise obtained
for the purpose of making the acquisition, a description of the transaction,
the names of the parties, and any arrangements, agreements or understandings
with such persons;
(5) any plans or proposals which any acquiring party making the acquisition
may have to liquidate the bank, to sell its assets or merge it with any
company or to make any other major change in its business or corporate structure
or management;
(6) the identification of any person employed, retained or to be compensated
by the acquiring party or by any person on such person's behalf to make
solicitations or recommendations to stockholders for the purpose of assisting
in 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 tender
offer to stockholders for purchase of their stock to be used in connection
with the proposed acquisition; and
(8) any additional relevant information in such forms as the department
may require by specific request in connection with any particular notice.
(b) The commissioner may accept an application filed with the federal
reserve bank or federal deposit insurance corporation in lieu of a statement
filed pursuant to subsection (a). The commissioner may, in addition to such
application, request additional relevant information.
(c) At the time of filing a notice of a proposed bank acquisition pursuant
to K.S.A. 9-1721, and amendments thereto, or an application filed pursuant to
subsection (b), the applicant shall pay to the commissioner a fee in an amount
established 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.
