reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1903 Undercapitalized and insolvent banks and trust companies; commissioner to take charge, when.

9-1903. Undercapitalized and insolvent banks and trust companies; commissioner to take charge, when.
If it shall appear upon the examination of any bank or trust company or from any report made to the commissioner that any bank or trust company is:
(a) Critically undercapitalized, the commissioner may:
(1) Enter an informal memorandum pursuant to K.S.A. 9-1810, and amendments thereto, to notify the bank or trust company of the unsafe and unsound condition and require the bank or trust company to correct the condition within the time prescribed by the commissioner; or
(2) take charge of such bank or trust company and all of its property and assets. In taking charge of a critically undercapitalized bank or trust company, the commissioner may:
(A) Appoint a special deputy commissioner to take charge temporarily of the affairs of the bank or trust company; or
(B) appoint a receiver if it shall appear at any time that the bank or trust company cannot sufficiently recapitalize, resume business or liquidate the bank's or trust company's indebtedness to the satisfaction of the depositors and creditors of such bank or trust company.
(b) Insolvent, the commissioner shall take charge of the bank or trust company and all property and assets of such bank or trust company. In taking charge of an insolvent bank or trust company, the commissioner shall:
(1) Appoint a special deputy commissioner to take charge temporarily of the affairs of the bank or trust company; or
(2) appoint a receiver if it shall appear at any time that the bank or trust company cannot sufficiently recapitalize, resume business or liquidate its indebtedness to the satisfaction of the depositors and creditors of such bank or trust company.
History:
L. 1947, ch. 102, § 111; L. 1993, ch. 7, § 3; L. 2015, ch. 38, § 119; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1905 Receiver for insolvent and undercapitalized bank or trust company.

9-1905. Receiver for insolvent and undercapitalized bank or trust company.
(a) In the event the commissioner appoints a receiver for any bank or trust company, the commissioner shall appoint:
(1) The federal deposit insurance corporation; or
(2) any individual, partnership, association, limited liability company, corporation or any other business entity which shall have accounting, regulatory, legal or other relevant experience in the field of banking or trust as shall be determined by the commissioner.
(b) Any receiver other than the federal deposit insurance corporation shall give such bond as the commissioner deems proper and immediately file in the district court of the county where the bank or trust company is located for liquidation, disposition and dissolution pursuant to the state banking code, the Kansas general corporation code, and as may be ordered by the court.
(1) The receiver shall be entitled to reasonable compensation subject to the approval of the district court.
(2) Upon written application made within 30 days after the filing in district court, the court may appoint as receiver any person that the holders of more than 60% in amount of the claims against such bank or trust company shall agree upon in writing. The creditors so agreeing may also agree upon the compensation and charges to be paid such receiver. Each receiver so appointed shall make a complete report to the commissioner covering the receiver's acts and proceedings as such.
(c) The bank or trust company shall have the right to petition for review of the commissioner's order taking charge, appointment of a special deputy or appointment of a receiver. Such review shall not be subject to the provisions of K.S.A. 77-501 et seq., and amendments thereto. A petition for review shall be filed within 10 days of the commissioner's action. Notwithstanding any provision of law to the contrary, or by order of the court, review shall proceed as expeditiously as possible pursuant to the provisions of K.S.A. 77-601 et seq., and amendments thereto. Notwithstanding any provision of law to the contrary, the decision of the district court may be appealed only to the supreme court of Kansas. The time within which an appeal may be taken shall be 10 days from final disposition of the district court.
History:
L. 1947, ch. 102, § 113; L. 1993, ch. 7, § 5; L. 2015, ch. 38, § 120; L. 2016, ch. 54, § 53; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1906 Receiver to take charge of assets; order of payment.

9-1906. Receiver to take charge of assets; order of payment.
(a) A receiver appointed pursuant to K.S.A. 9-1905, and amendments thereto, other than the federal deposit insurance corporation, shall take charge of any bank or trust company and all of the bank's or trust company's assets and property, and liquidate the affairs and business thereof for the benefit of the depositors, creditors and stockholders of the bank or trust company. The receiver may sell all the property of the bank or trust company upon such terms as the district court of the county where the bank or trust company is located shall approve. The receiver shall pay over all moneys received to the creditors and depositors of such bank or trust company.
(b) In distributing assets of the bank or trust company in payment of its liabilities, the order of payment, in the event its assets are insufficient to pay in full all of its liabilities, shall be by category as follows:
(1) The costs and expenses of the receivership and real and personal property taxes assessed against the bank or trust company pursuant to applicable law;
(2) claims which are secured or given priority by applicable law;
(3) claims of unsecured depositors;
(4) all other claims exclusive of claims on capital notes and debentures; and
(5) claims on capital notes and debentures.
Should the assets be insufficient for the payment in full of all claims within a category, such claims shall be paid in the order provided by other applicable law or, in the absence of such applicable law, pro rata.
History:
L. 1947, ch. 102, § 114; L. 1985, ch. 59, § 1; L. 1988, ch. 63, § 1; L. 1993, ch. 7, § 6; L. 2015, ch. 38, § 121; L. 2016, ch. 54, § 54; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1907 Powers of federal deposit insurance corporation or its successor.

9-1907. Powers of federal deposit insurance corporation or its successor.
The federal deposit insurance corporation or any successor, hereby is authorized and empowered to be and act without bond as receiver of any bank, the deposits in which are to any extent insured by such corporation. If the federal deposit insurance corporation, or any successor, accepts the appointment, then the federal deposit insurance corporation, or any successor, shall succeed to all the rights, titles, powers and privileges of the bank and of any stockholder, member, account holder, depositor, officer or director of the bank with respect to the bank.
History:
L. 1947, ch. 102, § 115; L. 1989, ch. 48, § 50; L. 1993, ch. 7, § 7; L. 2015, ch. 38, § 122; L. 2016, ch. 54, § 55; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1908 Title to all assets to vest in insurance corporation.

9-1908. Title to all assets to vest in insurance corporation.
Whenever the federal deposit insurance corporation, or any successor, shall accept the appointment as receiver for any bank the possession of and title to all of the assets, business and property of every kind of such bank shall pass to and vest in the federal deposit insurance corporation, or any successor, as receiver without the execution of any instruments of assignment, endorsement, transfer or conveyance.
History:
L. 1947, ch. 102, § 116; L. 1989, ch. 48, § 51; L. 2015, ch. 38, § 123; L. 2016, ch. 54, § 56; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1909 Claims to be filed within one year.

9-1909. Claims to be filed within one year.
All claims of depositors and other creditors must be filed with the receiver within one year after the date of the receiver's appointment, and if any claim is not filed, then the claim shall be barred from participation in the estate and assets of any such bank or trust company.
History:
L. 1947, ch. 102, § 117; L. 2015, ch. 38, § 124; L. 2016, ch. 54, § 57; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1910 Surrender control to commissioner.

9-1910. Surrender control to commissioner.
Upon the affirmative vote of 2/3 of the outstanding voting stock, the shareholders of a bank or trust company may transfer all of the bank's or trust company's assets and property of whatever nature and any rights thereto to the possession and control of the commissioner and waive any right to the Kansas administrative procedure act, the Kansas judicial review act or any other lawful right to challenge the commissioner's authority without the execution of any instruments of assignment, endorsement, transfer or conveyance. Such action shall operate as a bar to any attachment proceedings.
History:
L. 1947, ch. 102, § 118; L. 2015, ch. 38, § 125; L. 2016, ch. 54, § 58; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1911 Receiver may borrow money.

9-1911.
Receiver may borrow money.
The receiver of any insolvent bank or trust company may borrow money and pledge the assets of such insolvent bank or trust company but only upon prior written approval of the commissioner.
History:
L. 1947, ch. 102, § 119; June 30.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1915 Deposits or debts while insolvent; liability.

9-1915. Deposits or debts while insolvent; liability.
It shall be unlawful for the president, director, managing officer, cashier or any other officer of any bank to agree to accept deposits, in an amount that would create an excess above the federal deposit insurance corporation insured deposit amount, after such person has knowledge of the fact that such bank is insolvent or in failing circumstances. It hereby is made the duty of every such officer or managing officer to examine into the affairs of every such bank and know its condition if possible. Upon failure to discharge such duty such person shall be held to have had knowledge of the insolvency of such bank or that the bank was in failing circumstances, for the purposes of this section. Every person that violates the provisions of this section shall be responsible individually for such deposits so received, except that any director or officer who may have paid more than such person's share of the liabilities mentioned in this section shall have the proper remedy at law against such other persons as shall not have paid their full share of such liabilities.
History:
L. 1947, ch. 102, § 123; L. 1989, ch. 48, § 52; L. 2015, ch. 38, § 126; L. 2016, ch. 54, § 59; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1916 Same; action to enforce liability; evidence.

9-1916. Same; action to enforce liability; evidence.
In all actions brought for the recovery of any deposits received, in an amount that would create an excess above the federal deposit insurance corporation insured deposit amount, while any bank was insolvent or in failing circumstances, all officers, agents, and directors of such bank may be joined as defendants or proceeded against severally. The fact that any bank was insolvent or in failing circumstances at the time of the reception of the deposit shall be prima facie evidence of such knowledge in accepting the deposit on the part of such officer, agent or director so charged therewith. This liability may be enforced by and against executors and administrators of any deceased officer, director or agent.
History:
L. 1947, ch. 102, § 124; L. 1989, ch. 48, § 53; L. 2015, ch. 38, § 127; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 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.

9-1917.
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.
On and after July 1, 1972, and in every case occurring heretofore and hereafter, in which funds due to creditors, depositors and shareholders on liquidation of institutions under the jurisdiction of the state bank commissioner under K.S.A. 9-1901 et seq., and amendments thereto, are undelivered, they shall, together with accrued interest, if any, be paid to the state bank commissioner, who shall remit all such payments to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and credit such individual creditors, depositors or shareholders account in the undistributed assets of defunct institution fund ledger. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the undistributed assets of defunct institutions fund which is hereby created. Such fund shall be used only for refunds and payments of amounts due creditors, depositors and shareholders on claims filed with and approved by the state bank commissioner. Any balance remaining in the fund from any single defunct institution five years, during which time no person entitled thereto shall have appeared to claim such funds, shall be transferred by the state bank commissioner to the state general fund and appropriate entries made in the individual creditors, depositors or shareholders record, showing the date and disposition of the funds and shall further recite that they were transferred by reason of this statute of limitation.
History:
L. 1972, ch. 36, § 1; L. 2001, ch. 5, § 46; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1918 Escheat and disposition of certain property in custody of commissioner; escheat.

9-1918.
Escheat and disposition of certain property in custody of commissioner; escheat.
Whenever the state bank commissioner shall determine that property or assets held in the commissioner's custody and received as a result of the liquidation of any institution under the jurisdiction of the commissioner has remained in the commissioner's custody for a period of more than 10 years, and no claim has been filed during such period by any creditor, depositor or shareholder of such institution, such property shall escheat to the state. The commissioner shall notify the director of purchases of the property or assets so held and the director of purchases shall authorize and provide for the sales of such property or assets in the manner provided by law for the sale of obsolete or unused property of the state. All proceeds from the sale of any such property or assets shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund and appropriate entries made in the records of the state bank commissioner showing the disposition of the property or assets, the amount received therefor and the disposition thereof.
History:
L. 1976, ch. 361, § 1; L. 2001, ch. 5, § 47; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1919 Voluntary liquidation.

9-1919. Voluntary liquidation.
(a) Upon the affirmative vote of a majority of the outstanding voting stock and approval of a liquidation plan by the commissioner, any bank may liquidate by paying in full all of the bank's depositors and creditors. Any bank desiring to voluntarily liquidate shall file a plan for liquidation with the commissioner.
(b) The commissioner may examine the bank or compel the bank to file reports with the commissioner during the time the bank is being liquidated. If the commissioner finds at any time during the liquidation period that the bank is not adhering to the approved liquidation plan, the commissioner may take action as authorized by article 18 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto. If the commissioner finds that any deviation from the liquidation plan may be harmful to the depositors and creditors of the institution, the commissioner may appoint a receiver in accordance with procedures provided in article 19 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto.
(c) Upon the completion of the liquidation, the bank shall immediately surrender the bank's certificate of authority to transact a banking business, remove all advertising signs, and notify and make the necessary filings with the secretary of state. The commissioner shall make a final examination to determine that all depositors and creditors have been paid before any distribution is made to stockholders.
History:
L. 2015, ch. 38, § 5; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1920 Borrowing by liquidating bank.

9-1920. Borrowing by liquidating bank.
Upon the approval of the commissioner, the board of directors of any bank in the process of voluntary liquidation may borrow an amount not in excess of 100% of the bank's total deposit liabilities and may pledge the bank's assets.
History:
L. 2015, ch. 38, § 6; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 19 - Banking Code; Dissolution; Insolvency › 9-1921 Sale of bank's assets as part of liquidation.

9-1921. Sale of bank's assets as part of liquidation.
As part of the liquidation plan as approved by the commissioner, any bank, for the purpose of liquidation, may sell all or any part of the bank's assets to any other bank, either state or national, and may receive in payment cash or its equivalent, shares of stock in the purchasing bank, or both.
History:
L. 2015, ch. 38, § 7; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2001 Failing to perform duty; penalty.

9-2001. Failing to perform duty; penalty.
Every officer, employee, director or agent of any bank or trust company who shall neglect to perform any duty required by the state banking code, or who shall fail to conform to any lawful requirement made by the commissioner, upon conviction shall be guilty of a class A, nonperson misdemeanor.
History:
L. 1947, ch. 102, § 125; L. 1989, ch. 48, § 54; L. 2015, ch. 38, § 128; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2002 Making false report, statement or entry in the books; penalty.

9-2002. Making false report, statement or entry in the books; penalty.
Every officer, director, agent or employee of any bank or trust company doing business in the state of Kansas who willfully and knowingly subscribes to or makes any false report or any false statement or entry in the books of such bank or trust company, or knowingly subscribes or exhibits any false writing, paper or electronic equivalent, with the intent to deceive any person as to the condition of such bank or trust company, upon conviction shall be guilty of a severity level 8, nonperson felony.
History:
L. 1947, ch. 102, § 126; L. 1989, ch. 48, § 55; L. 1994, ch. 291, § 4; L. 2015, ch. 38, § 129; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2004 Swear or affirm falsely as perjury; penalty.

9-2004. Swear or affirm falsely as perjury; penalty.
Every officer, director, agent or employee of a bank or trust company required by the state banking code to take an oath or affirmation, who shall willfully swear or affirm falsely, shall be guilty of perjury, and upon conviction shall be punished as provided by K.S.A. 21-5903, and amendments thereto.
History:
L. 1947, ch. 102, § 128; L. 1989, ch. 48, § 57; L. 1994, ch. 291, § 5; L. 2011, ch. 30, § 99; L. 2015, ch. 38, § 130; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2005 Neglect of commissioner or deputy; penalty.

9-2005. Neglect of commissioner or deputy; penalty.
Any bank commissioner or deputy bank commissioner who shall willfully neglect to perform any duty provided for by the state banking code, or who shall knowingly and willfully permit the violation of any of the provisions of the state banking code for a period of 90 days by any bank or trust company doing business under the state banking code, or who shall knowingly or willfully make any false statement concerning any bank or trust company or who shall be guilty of any misconduct or corruption in office, upon conviction shall be deemed guilty of a class A, nonperson misdemeanor and shall be removed from office by the governor.
History:
L. 1947, ch. 102, § 129; L. 2015, ch. 38, § 131; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2006 Receiving deposits after authority revoked; penalty.

9-2006. Receiving deposits after authority revoked; penalty.
Any officer, director, employee or agent of any bank whose authority to transact a banking business has been revoked pursuant to the provisions of the state banking code, who shall receive or cause to be received any deposit of whatever nature after such revocation, upon conviction shall be guilty of a severity level 8, nonperson felony.
History:
L. 1947, ch. 102, § 130; L. 2015, ch. 38, § 132; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2007 Violations by receiver; penalties.

9-2007. Violations by receiver; penalties.
Any receiver of an insolvent bank or trust company, other than the federal deposit insurance corporation, or any successor, that fails to comply with the provisions of the state banking code, upon conviction shall be guilty of a class A, nonperson misdemeanor.
History:
L. 1947, ch. 102, § 131; L. 1986, ch. 59, § 2; L. 1989, ch. 48, § 58; L. 2015, ch. 38, § 133; L. 2016, ch. 54, § 60; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2008 Certified checks, drafts or orders in excess of amount on deposit.

9-2008. Certified checks, drafts or orders in excess of amount on deposit.
It shall be unlawful for any officer, director, employee or agent of any bank doing business pursuant to the provisions of the state banking code to certify any check, draft or order drawn upon the bank unless the person, firm or corporation drawing such check, draft or order has on deposit with the bank, at the time such check, draft or order is certified, an amount of money equal to the amount specified in such check, draft or order. Any check, draft or order so certified by the authorized officer, director, employee or agent shall be a good and valid obligation against such bank. Any officer, director, employee or agent of any bank violating the provisions of this section, upon conviction shall be deemed guilty of a class A, nonperson misdemeanor.
History:
L. 1947, ch. 102, § 132; L. 2015, ch. 38, § 134; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2010 Insolvent bank receiving deposits; penalty.

9-2010. Insolvent bank receiving deposits; penalty.
No bank shall accept or receive on deposit, with or without interest, any money, bank bills or notes or United States treasury notes, gold or silver certificates or currency or other notes, bills, checks or drafts, when such bank is insolvent. Any officer, director, employee or agent of any bank, who shall knowingly violate the provisions of this section or be accessory to or permit or connive at the receiving or accepting on deposit of any such deposit, upon conviction shall be guilty of a severity level 8, nonperson felony.
History:
L. 1947, ch. 102, § 134; L. 1990, ch. 309, § 5; L. 2015, ch. 38, § 135; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2011 Unlawfully engaging in the banking or trust company business; penalty.

9-2011. Unlawfully engaging in the banking or trust company business; penalty.
It shall be unlawful for any individual, firm or corporation to advertise, publish or otherwise promulgate that the individual, firm or corporation is engaged in the banking business or trust business without first having obtained authority from the commissioner. Any such individual or member of any such firm or officer of any such corporation violating this section, upon conviction shall be guilty of a class A, nonperson misdemeanor.
History:
L. 1947, ch. 102, § 135; L. 1989, ch. 48, § 60; L. 1994, ch. 51, § 7; L. 2015, ch. 38, § 136; L. 2016, ch. 54, § 61; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2012 Intent to injure or defraud; penalty.

9-2012. Intent to injure or defraud; penalty.
(a) It shall be unlawful for any shareholder, director, officer, employee or agent of any bank or trust company, with the intent to injure, defraud or deceive a bank or trust company, any agent appointed to examine the affairs of such bank or trust company, the commissioner or the commissioner's staff or any other person to:
(1) Issue or put forth any certificate of deposit, draw any draft or bill of exchange, make any acceptance, assign any note, bond, draft or bill of exchange; or
(2) to make use of the name of the bank or trust company in any manner.
(b) It shall be unlawful for any person to aid or abet any shareholder, director, officer, employee or agent in violation of this section. Any person violating the provisions of this section, upon conviction shall be guilty of a severity level 7, nonperson felony.
History:
L. 1947, ch. 102, § 136; L. 1989, ch. 48, § 61; L. 1994, ch. 291, § 6; L. 2015, ch. 38, § 137; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2013 Unlawful to offer or solicit anything of value; penalty.

9-2013. Unlawful to offer or solicit anything of value; penalty.
(a) Except as provided in subsection (c), it shall be unlawful for: (1) Any person or corporation to give, offer or promise anything of value to any person, with the intent to influence or reward an officer, director, employee, agent or attorney of any state bank or trust company in connection with any business or transaction of such bank or trust company; or
(2) any shareholder, officer, director, employee, agent or attorney of any state bank or trust company to solicit or demand for the benefit of any person or to accept or agree to accept anything of value from any person intending to influence or reward in connection with any business or transaction of such bank or trust company.
(b) Any person or corporation violating the provisions of subsection (a), upon conviction, shall be guilty of a class A, nonperson misdemeanor.
(c) This section shall not apply to bona fide salary, wages, fees or other compensation paid or expenses paid or reimbursed in the ordinary course of business.
History:
L. 1947, ch. 102, § 137; L. 1992, ch. 136, § 1; L. 2015, ch. 38, § 138; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2014 Violation of act; commissioner or deputy to inform county or district attorney.

9-2014. Violation of act; commissioner or deputy to inform county or district attorney.
It shall be the duty of the commissioner to inform the county or district attorney of the county in which the bank or trust company is located of any violation of any of the provisions of the state banking code, which constitute a misdemeanor or felony, by the shareholders, officers, directors, agents or employees of any bank or trust company, which shall come to the notice of the commissioner.
History:
L. 1947, ch. 102, § 138; L. 1987, ch. 54, § 11; L. 1989, ch. 48, § 62; L. 2015, ch. 38, § 139; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2016 Unlawfully transacting banking or trust business; penalty.

9-2016. Unlawfully transacting banking or trust business; penalty.
It shall be unlawful to transact a banking business or trust business without having first received a certificate from the commissioner. Any person violating the provisions of this section, either individually or as an interested party, in any association or corporation upon conviction shall be guilty of a class B, nonperson misdemeanor.
History:
L. 1947, ch. 102, § 140; L. 1989, ch. 48, § 63; L. 2015, ch. 38, § 140; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2018 Severability.

9-2018. Severability.
If any provision of the state banking code, or the application thereof, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the state banking code that can be given effect without the invalid provision or application, and to this end the provisions of the state banking code are declared to be severable.
History:
L. 1947, ch. 102, § 142; L. 2015, ch. 38, § 141; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 20 - Banking Code; Crimes And Punishments › 9-2019 Unlawful to obstruct examination; penalty.

9-2019. Unlawful to obstruct examination; penalty.
It shall be unlawful for any director, officer, employee or agent of a bank or trust company to alter, destroy, shred, mutilate, conceal, cover up or falsify any record with the intent to impede, obstruct, impair or influence any examination, investigation or proceeding by the commissioner. Any director, officer, employee or agent of a bank or trust company who violates this section, upon conviction shall be guilty of a severity level 8, nonperson felony.
History:
L. 2015, ch. 38, § 8; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 21 - Trust Companies › 9-2101 Issuing certificate of authority as bank to trust company authorized to accept deposits; when.

9-2101. Issuing certificate of authority as bank to trust company authorized to accept deposits; when.
Any trust company authorized to receive deposits under K.S.A. 17-2025, prior to its repeal, shall be issued a certificate of authority by the commissioner upon surrendering such trust company's charter and complying with the provisions of K.S.A. 9-804, and amendments thereto, and shall thereafter be subject to all of the requirements, limitations and terms of the state banking code.
History:
L. 1989, ch. 48, § 1; L. 2015, ch. 38, § 142; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 21 - Trust Companies › 9-2102 Applicability of act.

9-2102. Applicability of act.
All trust companies, regardless of when incorporated, shall be organized and governed pursuant to the state banking code.
History:
L. 1989, ch. 48, § 2; L. 2015, ch. 38, § 143; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 21 - Trust Companies › 9-2104 Liability of holder of stock in a trust company.

9-2104. Liability of holder of stock in a trust company.
(a) No executor, administrator, conservator or trustee holding trust company stock shall be personally subject to any liability as stockholders in such trust company.
(b) No person holding trust company stock as collateral security shall be personally subject to any liability as stockholders in such trust company.
(c) The person owning the stock or the person pledging such stock shall be deemed the person liable as a stockholder in the trust company.
(d) Any executor, administrator, conservator or trustee holding trust company stock shall be liable in the normal course of acting and carrying out the fiduciary duties of an executor, administrator, conservator or trustee.
(e) (1) Any executor, administrator, conservator or trustee holding shares of stock may vote as a shareholder.
(2) Any person that has pledged such person's stock as collateral security may represent the same at all meetings and may vote accordingly as a shareholder.
History:
L. 1989, ch. 48, § 4; L. 2015, ch. 38, § 145; L. 2016, ch. 54, § 62; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 21 - Trust Companies › 9-2111 Prohibiting out-of-state entity to establish or operate trust facility; exceptions.

9-2111. Prohibiting out-of-state entity to establish or operate trust facility; exceptions.
(a) Except as provided in K.S.A. 9-2107, and amendments thereto, no trust company, trust department of a bank, corporation or other business entity, the home office of which is located outside the state of Kansas, shall establish or operate a trust facility within the state of Kansas, unless the laws of the state where the home office of the nonresident trust company, trust department of a bank, corporation or other business entity is located authorize a Kansas chartered trust company, trust department of a bank, corporation or other business entity to establish or operate a trust facility within that state.
(b) Before any nonresident trust company, trust department of a bank, corporation or other business entity establishes a trust facility in Kansas, a copy of the application submitted to the home state, and proof that the home state authorizes a Kansas chartered trust company, trust department of a bank, corporation or other business entity to establish or operate a trust facility within that state, must be filed by the applicant with the commissioner.
(c) No Kansas trust company shall establish an out-of-state trust facility until an application has been filed with the commissioner and approval has been received. An application filed pursuant to this section shall be subject to the provisions in K.S.A. 9-2108, and amendments thereto.
(d) No Kansas bank with a trust department shall establish an out-of-state trust facility until an application has been filed with the commissioner and approval has been received. An application filed pursuant to this section shall be subject to the provisions in K.S.A. 9-1111, and amendments thereto.
(e) As used in this section, "trust facility" means any office, agency, desk or other place of business at which trust business is conducted.
(f) Any Kansas trust company or Kansas bank making application to the commissioner pursuant to subsection (c) or (d) shall pay to the commissioner a fee to be established pursuant to K.S.A. 9-1726, and amendments thereto, to defray the expenses of the commissioner in the examination and investigation of the application. The commissioner shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the bank investigation fund. The moneys in the bank investigation fund shall be used to pay the expenses of the commissioner in the examination and investigation of such applications and any unused balance shall be transferred to the bank commissioner fee fund.
History:
L. 1994, ch. 51, § 3; L. 1994, ch. 294, § 2; L. 2012, ch. 94, § 2; L. 2015, ch. 38, § 148; L. 2017, ch. 24, § 1; April 20.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2202 Exempt from licensure.

9-2202. Exempt from licensure.
The following are exempt from the licensing requirements of this act:
(a) Any bank, savings bank, trust company, savings and loan association, building and loan association, industrial loan company or credit union organized, chartered or authorized under the laws of the United States or of any state which is authorized to make loans and to receive deposits;
(b) any entity directly or indirectly regulated by an agency of the United States or of any state which is a subsidiary of any entity listed in subsection (a) if 25% or more of such entity's common stock is directly owned by any entity listed in subsection (a);
(c) the United States of America, the state of Kansas, any other state, or any agency or instrumentality of any governmental entity;
(d) any individual who with their own funds for their own investment makes a purchase money mortgage or finances the sale of their own property, except that any individual who enters into more than five such investments or sales in any twelve-month period shall be subject to all provisions of this act; and
(e) not-for-profit entities that provide mortgage loans in conjunction with a mission of building or rehabilitating affordable homes to low-income consumers.
History:
L. 1996, ch. 175, § 2; L. 1999, ch. 45, § 2; L. 2001, ch. 88, § 3; L. 2009, ch. 29, § 5; L. 2016, ch. 15, § 2; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2205 License or registration; renewal; fees, late fees, uses.

9-2205. License or registration; renewal; fees, late fees, uses.
(a) A license or registration shall become effective as of the date specified in writing by the commissioner.
(b) Each license and registration shall expire on December 31 of each year. A license or registration shall be renewed by filing with the commissioner a complete renewal application and nonrefundable renewal fee by December 1 of each year.
(c) A registration shall be renewed annually by filing with the commissioner, at least 30 days prior to the expiration of the registration, a renewal application, containing information the commissioner requires to determine the existence of material changes from the information contained in the applicant's original registration application or prior renewal applications, including the completion of any continuing education requirements. Renewal applications received after December 1 of each year and incomplete renewal applications as of December 1 of each year may be assessed a late fee.
(d) An expired license or registration may be reinstated through the last day of February of each year, with the same force and effect as if the license or registration had not expired and had at all times remained in full force and effect, by filing a reinstatement application and paying the appropriate application and late fees.
(e) Any renewal or reinstatement application received by the commissioner after the last day of February of each year shall be treated as an original application and shall be subject to all reporting and fee requirements contained in K.S.A. 9-2204, and amendments thereto.
(f) The commissioner may designate late fees paid under this section for consumer education to be expended for such purpose as directed by the commissioner.
History:
L. 1996, ch. 175, § 5; L. 1999, ch. 45, § 5; L. 2001, ch. 88, § 6; L. 2005, ch. 144, § 2; L. 2009, ch. 29, § 7; L. 2016, ch. 15, § 4; L. 2022, ch. 30, § 4; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2206 Application denied; application abandoned; appeal.

9-2206. Application denied; application abandoned; appeal.
(a) If the commissioner fails to issue a license or registration within 60 days or grant a renewal within 30 days after an application is deemed complete by the commissioner, the applicant may make written request for a hearing. The commissioner shall conduct a hearing in accordance with the Kansas administrative procedure act.
(b) If an application is considered abandoned pursuant to K.S.A. 9-2204, and amendments thereto, an applicant may make written request for a hearing. The commissioner shall conduct a hearing in accordance with the Kansas administrative procedure act.
History:
L. 1996, ch. 175, § 6; L. 1999, ch. 45, § 6; L. 2001, ch. 88, § 7; L. 2016, ch. 15, § 5; L. 2017, ch. 52, § 10; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2208 License; display; signed acknowledgment; contents; advertising or solicitation disclosure.

9-2208. License; display; signed acknowledgment; contents; advertising or solicitation disclosure.
(a) Each licensee shall make available evidence of licensure in a way that reasonably assures recognition by consumers and members of the general public.
(b) Prior to entering into any contract for the provision of services or prior to the licensee receiving any compensation or promise of compensation for a mortgage loan the licensee shall acquire from the consumer a signed acknowledgment containing such information as the commissioner may prescribe by rule and regulation. The signed acknowledgment shall be retained by the licensee and a copy shall be provided to the consumer.
(c) All solicitations and published advertisements concerning mortgage business directed at Kansas residents, including those on the internet or by other electronic means, shall contain the name and license number or unique identifier of the licensee on record with the commissioner. Each licensee shall maintain a record of all solicitations or advertisements for a period of 36 months. For the purpose of this subsection, "advertising" does not include business cards or promotional items.
(d) No solicitation or advertisement shall contain false, misleading or deceptive information, or indicate or imply that the interest rates or charges stated are "recommended," "approved," "set" or "established" by the state of Kansas.
(e) No licensee or registrant shall conduct mortgage business in this state using any name other than the name or names stated on their license or registration.
History:
L. 1996, ch. 175, § 8; L. 1999, ch. 45, § 8; L. 2000, ch. 17, § 3; L. 2001, ch. 88, § 9; L. 2005, ch. 144, § 3; L. 2016, ch. 15, § 6; L. 2022, ch. 30, § 5; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2210 Fees; disposition.

9-2210.
Fees; disposition.
All fees collected by the commissioner pursuant to this act shall be subject to the provisions of K.S.A. 75-1308, and amendments thereto.
History: L. 1996, ch. 175, § 10; April 25.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2211 Bonding requirements; positive net worth requirements.

9-2211. Bonding requirements; positive net worth requirements.
(a) Each applicant or licensee shall file with the commissioner a surety bond in the amount of not less than $100,000, in a form acceptable to the commissioner, issued by an insurance company authorized to conduct business in this state, securing the applicant's or licensee's faithful performance of all duties and obligations of a licensee meeting the following requirements:
(1) The bond shall be payable to the office of the state bank commissioner and shall be in an amount established by the commissioner by rules and regulations adopted pursuant to K.S.A. 9-2209, and amendments thereto;
(2) the terms of the bond shall provide that it may not be terminated without 30 days prior written notice to the commissioner, except that such termination shall not affect the surety's liability for violations of the Kansas mortgage business act occurring prior to the effective date of cancellation and principal and surety shall be and remain liable for a period of two years from the date of any action or inaction of principal that gives rise to a claim under the bond; and
(3) the bond shall be available for the recovery of expenses, fines and fees levied by the commissioner under this act, and for losses or damages that are determined by the commissioner to have been incurred by any borrower or consumer as a result of the applicant's or licensee's failure to comply with the requirements of this act.
(b) Each applicant or licensee shall submit evidence that establishes, to the commissioner's satisfaction, that the applicant or licensee is solvent and shall at all times maintain a positive net worth. Evidence of solvency and net worth shall include the submission of a balance sheet of the applicant or a consolidated financial statement of the entity that owns or controls the applicant.
History:
L. 1999, ch. 45, § 10; L. 2001, ch. 88, § 11; L. 2005, ch. 144, § 5; L. 2009, ch. 29, § 10; L. 2016, ch. 15, § 8; L. 2017, ch. 52, § 11; L. 2022, ch. 30, § 6; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2213 Time limit for deposit of escrow funds; records required.

9-2213.
Time limit for deposit of escrow funds; records required.
(a) Within three business days of receipt a licensee shall deposit all fees and money received from a borrower prior to the time a loan is consummated in an escrow account in a bank, savings bank, savings and loan association or credit union incorporated under the laws of this state, or organized under the laws of the United States or another state.
(b) For each borrower the licensee shall maintain a separate record of all money received for any service performed or to be performed, including any payment to a third party, setting forth:
(1) The date the money was received;
(2) the amount of money received;
(3) the date the money was deposited in the escrow account; and
(4) the date, description, and justification for each disbursement.
(c) Upon the request of a borrower, a copy of the record required by subsection (b) shall be provided to the borrower:
(1) Within five business days of consummation of the loan; or
(2) within five business days of receipt of written notice of the borrower's intention to withdraw from the loan transaction.
History: L. 1999, ch. 45, § 12; L. 2000, ch. 17, § 6; L. 2001, ch. 88, § 13; November 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2214 Ownership of documents.

9-2214.
Ownership of documents.
All original documents provided to the licensee by the borrower or at the expense of the borrower, including any appraisals, are the property of the borrower and at the borrower's request, shall be returned to the borrower without further expense if the loan is not consummated.
History: L. 1999, ch. 45, § 13; L. 2001, ch. 88, § 14; November 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 22 - Mortgage Business › 9-2215 Change in licensee's business; notice.

9-2215. Change in licensee's business; notice.
(a) A licensee shall provide written notice to the commissioner within 10 business days of the occurrence of any of the following events:
(1) The closing or relocation of the principal place of business or the addition or closing of any branch office;
(2) a change in the licensee's name or legal entity status; or
(3) the addition or loss of any loan originator, owner, officer, partner or director.
(b) The commissioner may request additional information concerning any written notice received pursuant to subsection (a) and charge a reasonable fee for any action required by the commissioner as a result of such notice and additional information.
History:
L. 1999, ch. 45, § 14; L. 2001, ch. 88, § 15; L. 2022, ch. 30, § 7; July 1.