Chapter 9 — Banks and Banking; Trust Companies

chapter-9K.S.A. ch. 9Code1 de jan. de 1900

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Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.

Article 1 General Provisions

§ 9-101 Repealed
§ 9-101a Repealed
§§ 9-101b, 9-101c Repealed
§ 9-101d Repealed
§ 9-101e Repealed
§ 9-101f Repealed
§ 9-102 Repealed
§ 9-103 Repealed
§ 9-104 Repealed
§ 9-105 Repealed
§ 9-106 Repealed
§ 9-107 Repealed
§ 9-108 Repealed
§ 9-109 Repealed
§ 9-110 Repealed
§ 9-111 Repealed
§ 9-112 Repealed
§§ 9-113, 9-114 Repealed
§ 9-115 Repealed
§ 9-116 Repealed
§ 9-117 Repealed
§ 9-118 Repealed
§ 9-119 Repealed
§ 9-120 Repealed
§ 9-121 Repealed
§ 9-122 Repealed
§ 9-123 Repealed
§ 9-124 Repealed
§ 9-125 Repealed
§ 9-125a Repealed
§§ 9-125b, 9-125c Repealed
§ 9-126 Repealed
§§ 9-127, 9-128 Repealed
§ 9-129 Repealed
§ 9-130 Repealed
§ 9-130a Repealed
§ 9-131 Repealed
§ 9-132 Repealed
§ 9-133 Repealed
§ 9-134 Repealed
§ 9-135 Repealed
§ 9-136 Repealed
§ 9-137 Repealed
§ 9-138 Repealed
§ 9-139 Repealed
§ 9-140 Repealed
§ 9-141 Repealed
§ 9-142 Repealed
§ 9-143 Repealed
§ 9-143a Repealed
§ 9-144 Repealed
§ 9-145 Repealed
§ 9-146 Repealed
§§ 9-146a through 9-146c Repealed
§ 9-147 Repealed
§ 9-148 Repealed
§§ 9-149, 9-150 Repealed
§ 9-151 Repealed
§ 9-152 Repealed
§ 9-153 Repealed
§ 9-154 Repealed
§ 9-155 Repealed
§ 9-155a Repealed
§ 9-156 Repealed
§ 9-157 Repealed
§ 9-158 Repealed
§ 9-159 Repealed
§§ 9-160, 9-161 Repealed
§ 9-162 Repealed
§ 9-163 Repealed
§ 9-164 Repealed
§ 9-165 Repealed
§ 9-166 Repealed
§ 9-167 Repealed
§ 9-168 Repealed
§§ 9-169, 9-170 Repealed
§ 9-171 Repealed
§ 9-172 Repealed
§ 9-173 Repealed
§ 9-174 Repealed
§ 9-175 Repealed
§ 9-176 Repealed
§ 9-177 Repealed
§ 9-178 Repealed
§ 9-179 Repealed
§ 9-180 Repealed
§§ 9-181, 9-182 Repealed

Article 2 Depositors' Guaranty Fund

§ 9-201 Repealed
§ 9-202 Repealed
§ 9-203 Repealed
§ 9-204 Repealed
§ 9-205 Repealed
§ 9-206 Repealed
§ 9-207 Repealed
§ 9-208 Repealed
§ 9-209 Repealed
§ 9-210 Repealed
§ 9-211 Repealed
§ 9-212 Repealed
§ 9-213 Repealed
§§ 9-214, 9-215 Repealed
§ 9-216 Repealed
§ 9-217 Repealed
§ 9-218 Repealed
§ 9-219 Repealed

Article 3 Deposit of Public Moneys

§ 9-301 Repealed
§ 9-302 Repealed
§ 9-303 Repealed
§ 9-304 Repealed
§ 9-305 Repealed
§ 9-306 Repealed
§§ 9-307, 9-308 Repealed
§§ 9-309, 9-310 Repealed
§ 9-311 Repealed
§§ 9-312 through 9-314 Repealed

Article 4 State Banking Board Duties

§§ 9-401, 9-402 Repealed
§§ 9-403, 9-404 Repealed
§ 9-405 Repealed

Article 5 Miscellaneous Provisions

§§ 9-501 through 9-503 Repealed
§§ 9-504, 9-505 Repealed
§§ 9-505a through 9-505c Repealed
§§ 9-506, 9-507 Repealed
§ 9-508 Repealed
§ 9-509 Repealed
§ 9-510 Repealed
§ 9-510a Repealed
§ 9-511 Repealed
§ 9-512 Repealed
§ 9-513 Repealed
§ 9-513a Repealed
§ 9-513b Repealed
§ 9-513c Repealed
§ 9-513d Repealed
§ 9-513e Repealed
§ 9-514 Repealed
§ 9-515 Repealed
§ 9-516 Repealed
§ 9-517 Repealed
§ 9-518 Repealed
§ 9-519 Bank holding companies; definitions
§ 9-520 Same; ownership limitations; exceptions
§ 9-521 Repealed
§ 9-522 Repealed
§ 9-523 Repealed
§ 9-524 Repealed
§§ 9-525 through 9-531 Repealed
§ 9-532 Same; authority; fee
§ 9-533 Same; application; required information
§ 9-534 Same; application; approval; factors
§ 9-535 Bank holding companies; 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 Repealed
§ 9-539 Repealed
§ 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
§§ 9-543 through 9-549 Reserved
§ 9-550 Certificate of existence and authority
§ 9-551 Applicability of act
§ 9-552 Definitions
§ 9-553 Information security requirements
§ 9-554 Powers and duties of the commissioner; enforcement and review
§ 9-555 Citation of act; definitions
§ 9-556 Inapplicability of act to certain entities and persons
§ 9-557 Powers of the commissioner; rules and regulations
§ 9-558 Confidentiality of information, exceptions
§ 9-559 Examinations; access to records; costs incurred
§ 9-560 Commissioner authorized to participate in multistate supervisory processes
§ 9-561 Federal law controls when inconsistent with this act; interpretive guidance provided by commissioner
§ 9-562 License required to provide money transmission, exceptions
§ 9-563 Commissioner authorized to establish consistent licensing practices with other states and utilize the nationwide multistate licensing system and registry
§ 9-564 License application; requirements; fee
§ 9-565 Items to be provided with license application; criminal history record check and fingerprinting; investigative background report
§ 9-566 Controlling influence, presumption
§ 9-567 Application; completeness; approval or denial by the commissioner
§ 9-568 License; renewal; fee
§ 9-569 License; suspension or revocation by the commissioner
§ 9-570 Application for licensure; complete or abandoned, when
§ 9-571 Change of control of license; application; approval or denial by the commissioner
§ 9-572 Adding or replacing a key individual by licensee; requirements
§ 9-573 Report of condition; information included
§ 9-574 Audited financial statement; requirements
§ 9-575 Authorized delegate report; information included
§ 9-576 Report required upon occurrence of certain administrative or legal proceedings
§ 9-577 Federal reporting requirements
§ 9-578 Records retention; open inspection by the commissioner
§ 9-579 Authorized delegate; requirements and limitations
§ 9-580 Liability when conducting money transmission on behalf of an unlicensed person
§ 9-581 Forwarding moneys received for transmission, excption; failure to forward
§ 9-582 Refunds; requirements
§ 9-583 Receipts for money received for transmission; contents
§ 9-584 Statement regarding questions or complaints required
§ 9-585 Licensee providing payroll processing services; requirements
§ 9-586 Net worth requirements of licensee; exemption by the commissioner
§ 9-587 Surety bond or other required security
§ 9-588 Permissible investments; trust required
§ 9-589 Permissible investments
§ 9-590 Suspension or revocation of license, reasons or circumstances therefor; notice and hearing
§ 9-591 Suspension or revocation of the designation of an authorized delegate, reasons or circumstances therefor
§ 9-592 Issuance of cease and desist order by commissioner
§ 9-593 Consent order
§ 9-594 Criminal penalities for violations of the act
§ 9-595 Enforcement powers of the commissioner under a summary or consent order; informal agreements; confidentiality; fines
§ 9-596 Severability of act

Article 6 Federal Deposit Insurance

§§ 9-601, 9-602 Repealed
§§ 9-603 through 9-605 Repealed
§ 9-606 Repealed
§ 9-607 Repealed

Article 7 Banking Code; Definitions

§ 9-701 Definitions
§ 9-702 Repealed
§ 9-703 Repealed

Article 8 Banking Code; Organization

§ 9-801 Incorporation; application; criteria for approval of application
§ 9-802 Date of existence; transaction of business before authorization
§ 9-803 Renewal and extension of corporation; lapse in authority or existence
§ 9-804 Certificate of authority; examination; issuance
§ 9-805 Repealed
§ 9-806 Failure to engage in business; abandonement or expiration of application; reapplication required
§ 9-807 Repealed
§ 9-808 Stockholder vote for conversion to state bank or state trust company; application to commissioner; investigation; capital and name; stock for stock or property; powers continued; assets transferred; same entity; divesture of unauthorized assets and liabilities
§ 9-809 Stockholder vote for conversion to national bank; copy of application to commissioner
§ 9-810 Repealed
§ 9-811 Prohibition against nonbank banks; exceptions
§ 9-812 Bank change of name; approval required
§ 9-813 Repealed
§ 9-814 Change of place of business; application and approval process
§ 9-815 Expenses of examination or investigation; payment; disposition of moneys received
§ 9-816 Bankers' bank; application for organization
§ 9-817 Mutual banks; deposits and related powers

Article 9 Banking Code; Capital Stock and Structure

§ 9-901 Repealed
§ 9-901a Capital requirements
§ 9-901b Expired
§ 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
§ 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

§ 9-1001 Repealed
§§ 9-1002 through 9-1004 Repealed

Article 11 Banking Code; Powers

§ 9-1101 General powers
§ 9-1101a Issuance of capital notes or debentures, when; limitations
§ 9-1101b Repealed
§ 9-1102 Holding of real estate; limitations
§ 9-1103 Repealed
§ 9-1104 Limitation on loans and borrowing; determination of limits; compliance with section; definitions
§ 9-1105 Repealed
§ 9-1106 Repealed
§ 9-1107 Temporary borrowing by bank; limitation; exceptions
§ 9-1108 Repealed
§ 9-1109 Repealed
§ 9-1110 Repealed
§ 9-1111 Branch banking; remote service units
§ 9-1111a Repealed
§ 9-1111b Applications for branch banks; examinations and investigation fee; disposition and use of fees
§ 9-1111c Repealed
§ 9-1111d Repealed
§ 9-1112 Unlawful transactions
§ 9-1113 Repealed
§ 9-1114 Board of directors of bank or trust company; membership; meetings; notification to commissioner, when
§ 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; minutes
§ 9-1117 Repealed
§ 9-1118 Repealed
§ 9-1119 Certified checks, drafts or orders
§ 9-1120 Repealed
§ 9-1121 Reproduction of records and papers; evidence
§ 9-1122 Closing of banks; business hours; emergencies
§ 9-1123 Bank service corporations; definitions
§ 9-1124 Same; investment by banks; limitations
§ 9-1125 Same; unreasonable discrimination in providing services prohibited; exceptions
§§ 9-1126, 9-1127 Repealed
§ 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 K.S.A. 9-1127b; approval required
§ 9-1127d Same; services performed for bank or subsidiary or affiliate; regulation and examination by commissioner; rules and regulations
§ 9-1127e Same; investments by savings and loan associations and savings banks
§ 9-1127f Same; new activities with savings and loan associations; prior approval required
§ 9-1127g Same; permitted activities
§ 9-1127h Savings and loan service corporations; definitions
§ 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; records of ownership; certifications of deposit
§ 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 Repealed
§ 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 Repealed
§ 9-1140 Prohibiting branch banks in certain locations
§ 9-1141 Securing deposits for federally recognized Indian tribe
§ 9-1142 Savings promotion; requirements; rules and regulations

Article 12 Banking Code; Transactions

§ 9-1201 Application
§§ 9-1202, 9-1203 Repealed
§ 9-1204 Methods to withdraw deposits; deposits of minors; safe deposit box lease
§ 9-1205 Joint accounts
§ 9-1206 Set off
§ 9-1207 Adverse claim to deposit
§ 9-1208 Repealed
§ 9-1209 Repealed
§ 9-1210 Repealed
§ 9-1211 Repealed
§ 9-1212 Repealed
§ 9-1213 Payment of drafts of failed or closed banks
§ 9-1214 Payment of drafts of failed or closed banks; release from liability
§ 9-1215 Payable on death accounts
§ 9-1216 Repealed

Article 13 Banking Code; Deposit Insurance and Bonds

§ 9-1301 Deposit insurance; surety bond
§ 9-1301a Repealed
§ 9-1302 Subrogation upon payment by insurer of deposits
§ 9-1303 Repealed
§ 9-1304 Closed banks may borrow from or sell to federal insurance corporation

Article 14 Banking Code; Deposit of Public Moneys

§ 9-1401 Designation of depositories for public funds; duty of public officers; agreements
§ 9-1402 Securing the deposits of public funds
§ 9-1402a Repealed
§ 9-1403 Securities for deposits of public funds; exemption during peak deposits
§ 9-1404 Repealed
§ 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
§ 9-1409 Securing deposits of public moneys of out-of-state governmental units; when
§ 9-1410 Public moneys pooled method of investment; requirements, conditions and limitations; duties of the state treasurer and administrator; rules and regulations; statements; required reports; failure to meet statutory requirements; fines and sanctions
§ 9-1411 Duties of administrator in the event of a default; liquidation of securities; delegation to federal deposit insurance agency
§ 9-1412 Reports required by a bank, savings and loan association or savings bank and the administrator upon request of a governmental unit

Article 15 Banking Code; Safe Deposit Box Rental

§ 9-1501 Authority to keep and maintain safe deposit boxes
§ 9-1502 Legal relationship between renter and bank
§ 9-1503 Joint tenancy of safe deposit box; liability
§ 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; notice; disposition of contents
§ 9-1507 Repealed

Article 16 Banking Code; Trust Authority

§ 9-1601 Application and authority to act as trust company; exemptions
§ 9-1602 Revoking trust authority
§ 9-1603 Assets held in fiduciary capacity segregated; records; security of funds
§ 9-1604 Liquidation, termination of trust business
§ 9-1605 Repealed
§ 9-1606 Repealed
§ 9-1607 Appointment of nominee when acting as fiduciary; records
§ 9-1608 Repealed
§ 9-1609 Fiduciary may establish collective investment funds
§ 9-1610 Repealed
§ 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; other reports
§ 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 Repealed
§ 9-1706 Repealed
§ 9-1707 Repealed
§ 9-1708 Refusal to be examined; remedy
§ 9-1709 Failure to respond to a lawful request of the commissioner
§ 9-1710 Repealed
§ 9-1711 Repealed
§ 9-1712 Examination of records and investigative materials of commissioner, confidential; disclosure
§ 9-1713 Adoption of rules and regulations; approval of board
§ 9-1714 Appointment of special deputy bank commissioner
§ 9-1715 Special orders; procedures
§ 9-1716 Powers of commissioner; order restricting declaration and payment of dividends
§ 9-1717 Prohibition against felon from serving as director, officer or employee
§ 9-1718 Repealed
§ 9-1719 Change of control; definitions
§ 9-1720 Change of control; approval
§ 9-1721 Application process; approval factors and criteria; time frame
§ 9-1722 Application requirements; fingerprinting; fees
§ 9-1723 Repealed
§ 9-1724 Provisions of K.S.A. 9-1720 through 9-1724 not applicable to mergers resulting in a national bank; notice of such merger required; charter of bank or trust company that ceases existence deemed void, when
§ 9-1725 Powers of the commissioner during existence of an emergency
§ 9-1726 Fees; rules and regulations

Article 18 Banking Code; Supervision; Board

§ 9-1801 Repealed
§ 9-1802 Repealed
§ 9-1803 Repealed
§ 9-1804 Repealed
§ 9-1805 Removal of officer or director; hearing; judicial review
§ 9-1806 Repealed
§ 9-1807 Cease and desist orders; institution of proceedings by commissioner; hearing by board; issuance; temporary orders of commissioner
§ 9-1808 Repealed
§ 9-1809 Civil penalties
§ 9-1810 Informal agreements with commissioner; when; confidentiality
§ 9-1811 Consent orders; when

Article 19 Banking Code; Dissolution; Insolvency

§ 9-1901 Dissolution
§ 9-1902 Definition of insolvency
§ 9-1902a Critical undercapitalization
§ 9-1903 Undercapitalized and insolvent banks and trust companies; commissioner to take charge, when
§ 9-1904 Repealed
§ 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 Repealed
§ 9-1913 Repealed
§ 9-1914 Repealed
§ 9-1914a Repealed
§ 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
§ 9-1919 Voluntary liquidation
§ 9-1920 Borrowing by liquidating bank
§ 9-1921 Sale of bank's assets as part of liquidation

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 Repealed
§ 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 Violations by receiver; penalties
§ 9-2008 Certified checks, drafts or orders in excess of amount on deposit
§ 9-2009 Repealed
§ 9-2010 Insolvent bank receiving deposits; penalty
§ 9-2011 Unlawfully engaging in the banking or trust company business; authorization of commissioner required before engaging in the banking or trust business; criminal penalty
§ 9-2012 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 Repealed
§ 9-2016 Unlawfully transacting banking or trust business; penalty
§ 9-2017 Repealed
§ 9-2018 Severability
§ 9-2019 Unlawful to obstruct examination; penalty

Article 21 Trust Companies

§ 9-2101 Repealed
§ 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 Repealed
§ 9-2106 Repealed
§ 9-2107 Authority for the contracting for trust services; definitions; notice filing; authority of commissioner; fees; examination; branches
§ 9-2108 Trust service office; establishment or relocation; application; exemptions
§§ 9-2109, 9-2110 Repealed
§ 9-2111 Prohibiting out-of-state entity to establish or operate trust facility; exceptions; requirements to do business

Article 22 Mortgage Business

§ 9-2201 Definitions
§ 9-2202 Organizations, entities and individuals exempt from licensure
§ 9-2203 License required to conduct mortgage business; mortgage business at remote locations, requirements; 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; incomplete application
§ 9-2205 License or registration; renewal; fees, late fees, uses
§ 9-2206 Application denied; application abandoned; appeal
§ 9-2207 Denial, suspension or revocation of license or registration; notice; disciplinary proceedings
§ 9-2208 Availability of evidence of licensure; providing notice of certain information to consumer; contents; advertising or solicitation disclosures
§ 9-2209 Powers and duties of state bank commissioner; orders to appear before commissioner; other remedies available to consumers
§ 9-2210 Fees; disposition
§ 9-2211 Bonding requirements; positive 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 Annual written report; penalty; consumer education fund; confidentiality of information in such report
§ 9-2217 Confidentiality of examination reports; exceptions
§ 9-2218 Cease and desist orders; civil fines
§ 9-2219 Injunction
§ 9-2220 Citation of act; severability clause
§ 9-2221 Computation of any period of time under act
§ 9-2222 Electronic writings or signatures authorized
§ 9-2223 Applicability of provisions to covered transactions
§ 9-2224 Restrictions on interest in land as security; violation
§ 9-2225 Waiver or agreement to forego rights; settlement of claims; authorization to confess judgment prohibited; authorization in violation of section is void
§ 9-2226 Effect of violations on rights of parties; cause of action by consumer; correction of error by mortgage company; reimbursement of fees and costs
§ 9-2227 Right to prepay unpaid balance of covered transaction
§ 9-2228 Limitation on periodic finance charge for covered transactions and prepaid finance charges
§ 9-2229 Additional charges allowed
§ 9-2230 Late fees authorized; limitation
§ 9-2231 Loans secured by mortgages on consumer's principal residence; negative amortization and balloon payments prohibited
§ 9-2232 Appraisals required; notice to consumer of high loan-to-value mortgage; refund of certain fees after consumer withdrawals from covered transaction
§ 9-2233 Enforcement of default provision in agreement
§ 9-2234 Cure of default and notice of right to cure; surrender of collateral by consumer; possession of collateral by mortgage company

Article 23 Technology-Enabled Fiduciary Financial Institutions

§ 9-2301 Citation of act; definitions
§ 9-2302 Organization; application for certificate of authority; out-of-state banks and trust companies criteria for approval; fingerprinting; applicable distribution
§ 9-2303 Fees and assessments; examination expenses; remittance of moneys
§ 9-2304 Provisions of state banking code applicable; exceptions; conflict of law
§ 9-2305 Capitalization requirements
§ 9-2306 Board of directors; membership; annual meeting; oath; notification of commissioner
§ 9-2307 Report to commissioner; examinations; requirements
§ 9-2308 Name of institution; advertising; restrictions
§ 9-2309 Maintaining suitable office space; requirements; staffing; maintenance of records
§ 9-2310 General powers
§ 9-2311 Financing; required distribution amount; schedules; remittance of moneys; disclosure to customers
§ 9-2312 Authorized functions; parties engaged by an institution; services to residents of other states
§ 9-2313 Custodial services; requirements
§ 9-2314 Trust advisor; rights, powers, immunities and liabilities
§ 9-2315 Excluded fiduciary; actions not liable for; relieved of certain duties; deemed administrative actions
§ 9-2316 Trust advisor; presumed fiduciary; jurisdiction; appointment
§ 9-2317 Entity as trust advisor; requirements
§ 9-2318 Indemnification of trust advisor; exceptions
§ 9-2319 Trustee compensation
§ 9-2320 Privacy; protection in court proceedings; exception
§ 9-2321 Forms; definition; request for review; review not approval or endorsement
§ 9-2322 Adoption of rules and regulations by the commissioner; contracts for technical assistance
§ 9-2323 No maximum interest rate or charge
§ 9-2324 Technology-enabled fiduciary financial institutions development and expansion fund; administration by secretary of commerce; purpose; interest earnings
§ 9-2325 Pilot program; requirements; fees; distributions; conversion to full charter; report to certain committees of the legislature
§ 9-2326 Trust interest not void or invalid by any common law rule
§ 9-2327 Tax classification as determined under the federal internal revenue code

Article 24 Earned Wage Access Services

§ 9-2401 Citation of act; entities exempt therefrom
§ 9-2402 Definitions
§ 9-2403 Registration; application; fee
§ 9-2404 Surety bond
§ 9-2405 Registrant requirements
§ 9-2406 Prohibited acts
§ 9-2407 Earned wage access services not considered to be a loan or money transmission; act controls in conflict with other state law
§ 9-2408 Annual report; confidentiality; reportable events; penalty for failure to report
§ 9-2409 Records retention; examination; expenses
§ 9-2410 Denial, suspension or revocation of registration
§ 9-2411 Powers of the commissioner to administer the act; rules and regulations; fingerprinting and criminal history record check
§ 9-2412 Violations of act; notice and hearing; orders; penalties; hearings
§ 9-2413 Failure to obey subpoena
§ 9-2414 Criminal penalties for violations
§ 9-2415 Actions to enjoin any violation of the act
§ 9-2416 Disposition of fees

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