§ 11-102-305 — Records

(1) (a) Information from the records of the division
shall be revealed only to members of the banking board, except as follows:

(I) Information may be disclosed if such disclosure is rendered necessary by
law.

(II) Any party entitled to appear in a hearing on an application for bank
charter shall have access to the applicant's proposed articles or amended articles
of incorporation, application for charter, and proposed bylaws.

(III) Subject to subsection (1.5) of this section, the commissioner may
exchange information as to the condition of banks or trust companies with the
United States comptroller of the currency, bank or financial institution regulatory
departments of other states, the federal reserve system and its examiners, the
federal deposit insurance corporation and its examiners, and the consumer
financial protection bureau and its examiners.

(IV) Subject to subsection (1.5) of this section, the commissioner may
exchange information obtained from money transmitters, state banks, and trust
companies with the United States secretary of the treasury, the secretary's
designees, the United States attorney general, the attorney general's designee, or
other state or United States territorial regulatory agencies pertaining to the
condition of money transmitters or compliance with federal money laundering and
other financial crimes laws, including, but not limited to, the federal Bank Secrecy
Act, 12 U.S.C. sec. 1951 et seq., as amended; the federal Right to Financial Privacy
Act of 1978, 12 U.S.C. sec. 3401 et seq., as amended; the federal Money
Laundering Control Act of 1986, 18 U.S.C. secs. 1956 and 1957, as amended; and
the federal Annunzio-Wylie Anti-Money Laundering Act, 12 U.S.C. sec. 1811 et seq.,
as amended.

(V) The commissioner may exchange information as provided by part 2 of
article 110 of this title 11.

(b) Notwithstanding any other provision of articles 101 to 109 of this title to
the contrary, the commissioner, the commissioner's deputies, and the members of
the banking board may disclose any information in the records of the division or
acquired by them in the discharge of their duties that is publicly available from the
federal deposit insurance corporation, the United States comptroller of the
currency, the federal reserve system, or the consumer financial protection bureau
or the disclosure of which has been specifically authorized by the board of directors
of the financial institution to which such information relates.

(1.5) The commissioner shall not exchange information with any other
governmental agency unless the commissioner is reasonably satisfied that the
agency is obligated by law or contract to:

(a) Share with the division similar information it may have in its possession;
and

(b) Maintain the confidentiality of any exchanged information under
conditions that are no less restrictive than those imposed by law upon the division.

(2) Reports of examinations made by the division shall be retained by the
division for seven years.

(3) Upon request and upon payment of such reasonable charges as the
commissioner shall prescribe, the commissioner shall furnish to any person a
certified copy of any document on file with the division that is a public record. Such
certified copy shall be admissible in evidence in lieu of the original and shall
constitute prima facie evidence of the contents of the original.

(4) The division or the commissioner may inform a licensing agency within
the department of regulatory agencies of possible misconduct by a person or entity
licensed by said agency, notwithstanding that the division or commissioner learned
of the alleged misconduct while discharging their duties under the code. The
division and the commissioner may give the licensing agency records or information
in their possession relating to the licensee's alleged misconduct.

Legislative History

Source: L. 2003: Entire article added with relocations, p. 1073, � 3, effective July 1. L. 2007: (1) amended, p. 354, � 1, effective April 2. L. 2008: (4) added, p. 181, � 3, effective August 5. L. 2010: (1)(a)(IV) amended and (1)(a)(V) added, (HB 10-1114), ch. 192, p. 823, � 1, effective July 1. L. 2013: (1)(a)(III) and (1)(b) amended, (SB 13-154), ch. 282, p. 1476, � 36, effective July 1. L. 2017: (1)(a)(III) and (1)(a)(IV) amended and (1.5) added, (HB 17-1218), ch. 156, p. 534, � 1, effective August 9; (1)(a)(V) amended, (SB 17-226), ch. 159, p. 589, � 7, effective August 9. L. 2024: (1)(a)(IV) amended, (HB 24-1351), ch. 461, p. 3196, � 6, effective August 7. L. 2025: (1)(a)(IV) amended, (SB 25-300), ch. 428, p. 2440, � 10, effective August 6.