reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-535 Same; approval of application; applicant right to appeal.

9-535. Same; approval of application; applicant right to appeal.
(a) The commissioner shall approve the application if the commissioner determines that the application favorably meets each and every factor prescribed in K.S.A. 9-534, and amendments thereto, the proposed acquisition is in the interest of the depositors and creditors of the Kansas state chartered bank or bank holding company that has an ownership interest in a Kansas state chartered bank which is the subject of the proposed acquisition and in the public interest generally. Otherwise, the application shall be denied.
(b) If the commissioner denies the application, the applicant shall have the right to a hearing before the state banking board to be conducted in accordance with the Kansas administrative procedure act. The state banking board shall render the board's decision affirming or rescinding the determination of the commissioner. Any action of the state banking board pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 1991, ch. 45, § 7; L. 1995, ch. 79, § 6; L. 2010, ch. 17, § 25; L. 2012, ch. 83, § 4; L. 2015, ch. 38, § 19; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-536 Same; subject to change of control provisions.

9-536. Same; subject to change of control provisions.
An applicant filing an application pursuant to K.S.A. 9-532, and amendments thereto, may be required to the extent applicable to supplement the application with such information as may be required pursuant to K.S.A. 9-1719 et seq., and amendments thereto.
History:
L. 1991, ch. 45, § 8; L. 1995, ch. 79, § 7; L. 2015, ch. 38, § 20; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-537 Same; review of operations by commissioner; additional information.

9-537.
Same; review of operations by commissioner; additional information.
The commissioner at any time may review the activities of any bank holding company with a subsidiary bank in Kansas and its subsidiary banks to determine if the proposals of the company as stated in the information provided pursuant to K.S.A. 9-533, and amendments thereto, are being fulfilled. The commissioner may require the company and such banks to furnish such additional information as the commissioner finds necessary to make such determination.
History: L. 1991, ch. 45, § 9; L. 1995, ch. 79, § 8; September 29.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-540 Foreign bank prohibited from having branch bank in state.

9-540.
Foreign bank prohibited from having branch bank in state.
No foreign bank shall establish or maintain any branch, agency, office or other place of business in this state.
History: L. 1995, ch. 79, § 11; April 6.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-541 Acquisition of bank by out-of-state bank holding company; age limitation; exceptions.

9-541.
Acquisition of bank by out-of-state bank holding company; age limitation; exceptions.
(a) No out-of-state bank holding company or any subsidiary thereof shall directly or indirectly acquire ownership or control of, or power to vote, more than 5% of any class of the voting shares of any Kansas bank unless such Kansas bank has been in existence and actively engaged in business for five or more years.
(b) This section shall not prohibit an out-of-state bank holding company or any subsidiary thereof from acquiring ownership or control of, or power to vote, more than 5% of the voting shares of any Kansas bank which has been organized solely for the purpose of, and does not open for business prior to, facilitating a merger of such Kansas bank with or into a Kansas bank which has been in existence and actively engaged in business for five or more years, or a consolidation of such Kansas bank and one or more Kansas banks which have been in existence and actively engaged in business for five or more years.
(c) This section shall not prohibit an out-of-state bank holding company or any subsidiary thereof from acquiring ownership or control of, or power to vote, more than 5% of any class of the voting shares of any Kansas bank if the commissioner, in the case of a bank organized under the laws of this state, or the comptroller of the currency, in the case of a national banking association, determines that an emergency exists and that the acquisition is appropriate in order to protect the public interest against the failure or probable failure of the Kansas bank.
History: L. 1995, ch. 79, § 12; April 6.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-542 Citation of code; statutes comprising.

9-542. Citation of code; statutes comprising.
Articles 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 of chapter 9 of the Kansas Statutes Annotated, K.S.A. 74-3004, 74-3005, 74-3006, 75-1304, 75-1305 and 75-1306, and 75-1308, and K.S.A. 9-814, 9-815, 9-816, 9-1141, 9-1409, 9-1725, 9-1726, 9-1810, 9-1811, 9-1919, 9-1920, 9-1921 and 9-2019, and amendments thereto, shall constitute and may be cited as the state banking code.
History:
L. 2000, ch. 106, § 5; L. 2015, ch. 38, § 21; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-551 Applicability of act.

9-551. Applicability of act.
(a) K.S.A. 2023 Supp. 9-551 through 9-554, and amendments thereto, shall be known and may be cited as the Kansas financial institutions information security act.
(b) The purpose of the Kansas financial institutions information security act is to establish information security standards for any covered entity consistent with 16 C.F.R. § 314, as in effect on July 1, 2023.
(c) The Kansas financial institutions information security act applies to the handling of customer information by the following covered entities: (1) Credit services organizations, as defined in K.S.A. 50-1117, and amendments thereto; (2) mortgage companies, as defined in K.S.A. 9-2201, and amendments thereto; (3) supervised lenders, as defined in K.S.A. 16a-1-301, and amendments thereto; (4) financial institutions engaging in money transmission, as defined in K.S.A. 9-508, and amendments thereto; (5) trust companies, as defined in K.S.A. 9-701, and amendments thereto; and (6) technology-enabled fiduciary financial institutions, as defined in K.S.A. 9-2301, and amendments thereto.
(d) The commissioner may adopt all rules and regulations necessary to govern and administer the provisions of the Kansas financial institutions information security act.
(e) The Kansas financial institutions information security act shall be a part of and supplemental to chapter 9 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2023, ch. 54, § 1; April 27.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-552 Definitions.

9-552. Definitions.
As used in the Kansas financial institutions information security act:
(a) "Commissioner" means the state bank commissioner or the commissioner's designee.
(b) "Covered entity" means each person, applicant, registrant or licensee subject to regulation by the office of the state bank commissioner that is not directly regulated by a federal banking agency.
(c) "Customer information" means any record containing nonpublic personal information about a customer of a covered entity, whether in paper, electronic or other form, that is handled or maintained by or on behalf of the covered entity or its affiliates.
History:
L. 2023, ch. 54, § 2; April 27, 2023.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-553 Information security requirements.

9-553. Information security requirements.
A covered entity shall:
(a) Set forth standards for developing, implementing and maintaining reasonable safeguards to protect the security, confidentiality and integrity of customer information pursuant to 16 C.F.R. § 314, as in effect on July 1, 2023;
(b) develop and organize its information security program into one or more readily accessible parts; and
(c) maintain its information security program as part of the covered entity's books and records in accordance with the record retention requirements of such covered entity.
History:
L. 2023, ch. 54, § 3; April 27, 2023.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 5 - Miscellaneous Provisions › 9-554 Powers and duties of the commissioner; enforcement and review.

9-554. Powers and duties of the commissioner; enforcement and review.
(a) The Kansas financial institutions information security act shall be implemented, administered and enforced by the commissioner.
(b) (1) The commissioner may conduct:
(A) Routine examinations of the operations of a covered entity; or
(B) investigations of the operations of the covered entity if the commissioner has reason to believe that the covered entity has been engaged or is engaging in any conduct in violation of the Kansas financial institutions information security act.
(2) In furtherance of an investigation or examination, or while enforcing the provisions of the Kansas financial institutions information security act, the commissioner may take such action that is necessary and appropriate, including, but not limited to, the following:
(A) Issue subpoenas and seek enforcement thereof in a court of competent jurisdiction;
(B) assess fines or civil penalties on a covered entity not to exceed $5,000 per violation and assess costs of the investigation, examination or enforcement action;
(C) censure a covered entity if such covered entity is registered or licensed;
(D) enter into a memorandum of understanding or consent order with a covered entity;
(E) issue a summary order to a covered entity;
(F) revoke, suspend or refuse to renew the registration or licensure of a covered entity;
(G) order a covered entity to cease and desist from engaging in any conduct in violation of the Kansas financial institutions information security act or file for an injunction to prohibit the covered entity from continuing such conduct; or
(H) issue emergency orders if necessary to prevent harm to consumers.
(c) Any enforcement action required or requested under the Kansas financial institutions information security act shall be conducted in accordance with the Kansas administrative procedure act, K.S.A. 77-501 et seq., and amendments thereto.
(d) Any enforcement action required or requested under the Kansas financial institutions information security act shall be subject to review in accordance with the Kansas judicial review act, K.S.A. 77-601 et seq., and amendments thereto.
History:
L. 2023, ch. 54, § 4; April 27, 2023.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-802 Date of existence; transaction of business before authorization.

9-802. Date of existence; transaction of business before authorization.
(a) The existence of any bank or trust company as a corporation shall date from the filing of the bank's or trust company's articles of incorporation with the Kansas secretary of state's office from which time such bank or trust company shall have and may exercise the incidental powers conferred by law upon corporations, except that no bank or trust company shall transact any business except the election of officers, the taking and approving of official bonds, the receipts of payment upon stock subscriptions and other business incidental to their organization, until such bank or trust company has secured the approval of the state banking board and the authorization of the commissioner to commence business.
(b) The full amount of the common stock including the surplus and undivided profits as required by the Kansas banking code shall be subscribed before the articles of incorporation are filed with the Kansas secretary of state's office.
History:
L. 1947, ch. 102, § 5; L. 1989, ch. 48, § 13; L. 2015, ch. 38, § 24; L. 2016, ch. 54, § 5; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-803 Renewal and extension of corporation; lapse in authority or existence.

9-803. Renewal and extension of corporation; lapse in authority or existence.
(a) Any bank or trust company with articles of incorporation that have lapsed, or hereafter shall lapse, may renew and extend the bank's corporate existence or the trust company's corporate existence in the manner provided by law and upon payment of the requisite fees.
(b) The acts of any bank or trust company with articles of incorporation that have lapsed or terminated by the expiration of time and such bank's or trust company's corporate existence is renewed and extended are hereby legalized and declared to be valid in the same manner and to the same effect as though the banks and trust companies had been duly authorized at all times since their organization.
History:
L. 1947, ch. 102, § 6; L. 2015, ch. 38, § 25; L. 2016, ch. 54, § 6; L. 2021, ch. 78, § 1; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-804 Certificate of authority; examination; issuance.

9-804. Certificate of authority; examination; issuance.
(a) Upon approval of an application to organize a bank or trust company with the state banking board, such board shall cause to be made by and through the commissioner, a careful examination and investigation concerning:
(1) The amount of moneys paid in for capital, surplus and undivided profits, the persons that paid and the amount of capital stock owned in good faith by each stockholder;
(2) whether such bank or trust company has complied with the applicable provisions of law; and
(3) any other criteria the commissioner may require.
(b) When the capital of any bank or trust company shall have been paid in, the president or cashier shall transmit to the commissioner a verified statement showing the names and addresses of all stockholders, the amount of stock each subscribed and the amount paid in by each.
(c) If the commissioner finds, after examination and investigation, that the bank or trust company has been organized as provided by law, has complied with the provisions of law and has secured the preliminary approval of the commissioner, if required by K.S.A. 9-801(i), and amendments thereto, or upon the approval of the state banking board, the commissioner shall issue a certificate showing that such bank or trust company has been organized and capital has been paid in as required by law, and that the bank or trust company is authorized to transact a general banking or trust business as provided by law.
History:
L. 1947, ch. 102, § 7; L. 1977, ch. 45, § 2; L. 1989, ch. 48, § 14; L. 2015, ch. 38, § 26; L. 2016, ch. 54, § 7; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-806 Failure to engage in business; reapplication required.

9-806. Failure to engage in business; reapplication required.
Any newly organized bank or trust company which did not begin business within 120 days after a certificate of authority has been issued to such bank or trust company by the commissioner shall not engage in the banking business or the business of a trust company without again obtaining a certificate of authority from the commissioner.
History:
L. 1947, ch. 102, § 9; L. 2015, ch. 38, § 27; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-809 Stockholder vote for conversion to national bank; copy of application to commissioner.

9-809. Stockholder vote for conversion to national bank; copy of application to commissioner.
(a) Any state bank or state trust company may convert to a national bank, federal savings and loan association or federal savings bank upon the affirmative vote of not less than 2/3 of the bank's outstanding voting stock or members.
(b) The state bank or state trust company shall provide a copy of the application submitted to the comptroller of currency to the commissioner within 10 days after the date the state bank or state trust company applies for approval to convert to a national banking association, federal savings and loan association or federal savings bank from the office of the comptroller of the currency.
(c) The state bank or state trust company shall provide to the commissioner written notice of approval by the comptroller of currency to convert to a national bank, federal savings and loan association or federal savings bank within 10 days of receiving the approval.
(d) Within 15 days following the issuance of a charter certificate to the bank or trust company by the comptroller, the state bank or state trust company shall surrender its state certificate of authority or charter and shall certify in writing that notice of the conversion has been given to the Kansas secretary of state's office.
History:
L. 1947, ch. 102, § 12; L. 1995, ch. 19, § 1; L. 2015, ch. 38, § 29; L. 2016, ch. 54, § 9; L. 2018, ch. 75, § 9; L. 2021, ch. 78, § 3; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-811 Prohibition against nonbank banks; exceptions.

9-811. Prohibition against nonbank banks; exceptions.
No financial institution with deposits insured by the federal deposit insurance corporation shall conduct business in this state unless such institution: (a) Has the legal right to accept deposits that the depositor has the legal right to withdraw on demand and to engage in the business of making commercial loans; or (b) is a national bank which engages only in credit card operations, does not accept demand deposits or deposits that the depositor may withdraw by check or similar means for payment to third parties or others, does not accept any savings or time deposits of less than $100,000, maintains only one office that accepts deposits and does not engage in the business of making commercial loans.
History:
L. 1985, ch. 84, § 1; L. 1991, ch. 46, § 2; L. 2015, ch. 38, § 30; L. 2016, ch. 54, § 10; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-812 Bank change of name; approval required.

9-812. Bank change of name; approval required.
(a) No bank or trust company shall change its name until such name change has been submitted to and approved by the commissioner.
(b) The commissioner shall not approve the name selected for the bank if it is the name of any other bank: (1) Doing business in the same city or town; or
(2) within a 15-mile radius of any bank or branch bank.
(c) The commissioner shall not approve the name selected for the trust company if it is the same or substantially similar name of any other trust company doing business in the state of Kansas.
(d) Any bank or trust company may request exemption from the commissioner from subsection (b) or (c).
(e) Upon approval of such name change, the bank or trust company must notify and make the necessary filings as may be required by the Kansas secretary of state's office.
(f) Any bank or trust company authorized to do business pursuant to the state banking code may use a name other than the name approved by the commissioner, provided:
(1) The bank or trust company must notify the commissioner, and the commissioner must approve, any use of a name other than the name approved by the commissioner;
(2) the bank's or trust company's actual name is prominently displayed adjacent to any other name displayed; and
(3) the bank or trust company continues to use the name approved by the commissioner in all legally enforceable documents and memoranda.
History:
L. 1986, ch. 53, § 1; L. 2001, ch. 87, § 1; L. 2015, ch. 38, § 31; L. 2016, ch. 54, § 11; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-814 Change of place of business; application and approval process.

9-814. Change of place of business; application and approval process.
(a) No bank or trust company organized under the laws of this state shall change the bank's or trust company's place of business, from one city or town to another or from one location to another within the same city or town, without prior approval. Any such bank or trust company desiring to change the bank's or trust company's place of business shall file written application with the office of the state bank commissioner in such form and containing such information the commissioner shall require. Notice of the proposed relocation shall be published in a newspaper of general circulation in the county where the main bank or trust company is currently located and in the county to which the bank or trust company proposes to relocate. The notice shall be in the form prescribed by the commissioner and at a minimum shall contain the name and address of the applicant bank or trust company, the address of the proposed new location and a solicitation for written comments. The notice shall be published on the same day for two consecutive weeks and provide for a comment period of not less than 10 calendar days after the date of the second publication. The applicant shall provide proof of publication to the commissioner.
(b) The commissioner shall examine and investigate the application. The commissioner shall approve the application if it is found that:
(1) There is a reasonable probability of usefulness and success of the bank or trust company in the proposed location;
(2) the applicant bank's or trust company's financial history and condition is sound; and
(3) the name selected for the bank is different from that of any other bank:
(A) Doing business in the same city or town; and
(B) within a 15-mile radius of the proposed location; and
(4) the name selected for a trust company is different or substantially dissimilar from any other trust company doing business in this state.
(c) Any bank or trust company may request an exemption from the commissioner from the provisions of subsection (b)(3) or (b)(4).
(d) If the commissioner denies an application, the applicant shall have the right to a hearing before the state banking board to be conducted in accordance with the Kansas administrative procedure act. Any action of the state banking board pursuant to this section is subject to review in accordance with the Kansas judicial review act.
(e) Upon approval of such place of business change, the bank or trust company must notify and make the necessary filings as may be required by the secretary of state's office.
History:
L. 2015, ch. 38, § 9; L. 2016, ch. 54, § 12; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-815 Expenses of examination or investigation; payment; disposition of moneys received.

9-815. Expenses of examination or investigation; payment; disposition of moneys received.
(a) Any applicant making application under article 8 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto, shall pay to the commissioner a fee in an amount established pursuant to K.S.A. 9-1726, and amendments thereto, to defray the expenses of the state banking board, commissioner or other designees in the examination and investigation of the application.
(b) 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, or designee, in the examination and investigation of such applications and any unused balance shall be transferred to the bank commissioner fee fund.
(c) Any members of the state banking board who make such an examination or investigation shall be paid the sum of $35 per diem for the time the members actually are engaged in performing duties as members of the state banking board and shall be compensated from such funds all the actual and necessary expenses incurred in the performance of the members' duties.
History:
L. 2015, ch. 38, § 10; L. 2016, ch. 54, § 13; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-816 Bankers' bank; application for organization.

9-816. Bankers' bank; application for organization.
(a) As used in this section, "bankers' bank" means a state bank which is owned exclusively, except to the extent directors' qualifying shares are required by law, by other state banks, federally chartered banks or a one-bank holding company and is organized to engage exclusively in providing services for other state banks or federally chartered banks and the banks' officers, directors and employees.
(b) The state banking board may approve the application for the organization of a state bankers' bank under the provisions of K.S.A. 9-801 et seq., and amendments thereto.
History:
L. 2015, ch. 38, § 11; L. 2016, ch. 54, § 14; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 8 - Banking Code; Organization › 9-817 Mutual banks; deposits and related powers.

9-817. Mutual banks; deposits and related powers.
(a) Subject to the terms of its articles of incorporation and bylaws, and rules and regulations of the commissioner, a mutual bank may:
(1) Raise funds through deposit, share or other accounts, including demand deposit accounts, hereafter referred to as "accounts"; and
(2) issue passbooks, certificates or other evidence of accounts.
(b) No mutual bank shall permit any overdraft, including an intra-day overdraft, on behalf of an affiliate, or incur any overdraft in its account at a federal reserve bank or federal home loan bank on behalf of an affiliate.
(c) A mutual bank may require no less than a 14-day notice prior to payment of savings accounts, if the articles of incorporation or bylaws of the bank or the rules and regulations of the commissioner so provide.
(d) If a mutual bank does not pay all withdrawals in full, subject to the right of the bank, where applicable, to require notice, the payment of withdrawals from accounts shall be subject to the provisions prescribed by the bank's articles of incorporation or bylaws or the rules and regulations of the commissioner. Except as authorized in writing by the commissioner, any mutual bank that fails to make full payment of any withdrawal when due shall be deemed to be in an unsafe or unsound condition.
(e) A depositor of a mutual bank shall be a voting member and shall have such ownership interest in the bank as may be provided in the articles of incorporation and bylaws of the bank.
(f) The articles of incorporation and the bylaws of a mutual bank may provide that all borrowers from the bank are members and, if so, shall provide for their rights and privileges.
(g) All savings accounts and demand accounts shall have the same priority upon liquidation.
(h) This section shall be a part of and supplemental to the state banking code.
History:
L. 2018, ch. 75, § 1; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-902 Par value of stock.

9-902. Par value of stock.
(a) The common and preferred stock of any stock bank or trust company hereafter created shall be divided into shares of $1 each, or any whole number multiple thereof. All subscriptions to such stock shall be paid in cash and any bank or trust company may change the par value of its shares to conform with this section.
(b) Any stock bank or trust company may reduce the number of shares of common stock and replace the shares of common stock with a like amount of shares of preferred stock, as long as the total dollar amount of capital stock is not changed. In lieu of reducing the number of shares of common stock, the stock bank may reduce the par value of the common stock and issue preferred stock with a par value that is equal to the amount of the reduction in the par value of the common stock. When the preferred stock is retired, the par value of the common shares shall be restored.
(c) The requirements for a capital reduction pursuant to K.S.A. 9-904, and amendments thereto, and the requirements for new issue of preferred stock pursuant to K.S.A. 9-908, and amendments thereto, shall not apply to the circumstance described in this section.
History:
L. 1947, ch. 102, § 15; L. 1965, ch. 74, § 1; L. 1969, ch. 60, § 1; L. 1989, ch. 48, § 16; L. 2015, ch. 38, § 33; L. 2016, ch. 54, § 16; L. 2018, ch. 75, § 11; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-903 Transfer of stock; report to commissioner.

9-903. Transfer of stock; report to commissioner.
(a) The shares of stock of any stock bank or trust company shall be deemed personal property and shall be transferred on the books of the bank or trust company in such manner as the bylaws thereof may direct.
(b) No transfer of stock shall be valid against the issuing stock bank or trust company so long as the registered owner thereof shall be liable as principal debtor, surety or otherwise to the stock bank or trust company on a matured, charged off or forgiven obligation. No dividend, interest or profit shall be paid on such stock so long as the registered owner thereof is indebted to the bank or trust company on a matured, charged off or forgiven obligation. All such dividends or profits shall be retained by the stock bank or trust company and applied to the discharge of any such obligations.
(c) No stock shall be transferred on the books of any bank or trust company when the bank or trust company is in a failing condition, or when its capital stock is impaired, except upon approval of the commissioner.
(d) The president or other chief executive officer of a bank or trust company shall report to the commissioner within 10 days of the transfer of shares of stock on the books of the bank or trust company if there is a transfer of:
(1) Shares of stock that results in the direct or indirect ownership by a stockholder or an affiliated group of stockholders of 10% or more of the outstanding stock of the bank or trust company; or
(2) additional shares of stock to stockholders or an affiliated group of stockholders who own 10% or more of the outstanding stock of a bank or trust company.
(e) If there is a transfer of shares of stock that results in the direct or indirect ownership by a stockholder or an affiliate group of stockholders of 25% or more of the outstanding stock of the bank or trust company, a change of control shall be filed pursuant to K.S.A. 9-1719 et seq., and amendments thereto.
History:
L. 1947, ch. 102, § 16; L. 1975, ch. 44, § 8; L. 1988, ch. 59, § 1; L. 1989, ch. 48, § 17; L. 1996, ch. 175, § 11; L. 2015, ch. 38, § 34; L. 2016, ch. 54, § 17; L. 2018, ch. 75, § 12; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-904 Reduction of capital stock, when.

9-904. Reduction of capital stock, when.
(a) With prior approval of the commissioner, a stock bank or trust company may reduce the amount of its capital stock account. No such reduction shall be approved unless the commissioner finds that:
(1) The proposed reduction is necessary to provide greater operational flexibility to an adequately capitalized, well-managed institution;
(2) the proposed reduction does not result in or is not in furtherance of a reduction in the institution's capital to an amount below the amount required by K.S.A. 9-901*, and amendments thereto;
(3) the proposed reduction is not intended to delay, prevent or be in lieu of capital stock impairment or a stockholder's assessment pursuant to K.S.A. 9-906, and amendments thereto;
(4) the proposed reduction poses no significant risk to the financial stability, safety or soundness of the institution;
(5) the bank's or trust company's surplus account will be increased in an amount equal to the amount of the proposed reduction in the capital stock account, unless a waiver is granted by the commissioner; and
(6) a resolution approving the reduction has been adopted by the stockholders representing 2/3 of the voting stock of the bank or trust company.
(b) Upon completion of the reduction, the stock bank or trust company shall file with the commissioner a list of its stockholders and the amount of stock held by each.
(c) Whenever the capital stock of any stock bank or trust company shall be reduced as herein provided, every stockholder, owner or holder of any stock certificate shall surrender the same for cancellation and shall be entitled to receive a new certificate for such person's proportion of the new stock. No dividends shall be paid to any such stockholder until the old certificate is surrendered.
History:
L. 1947, ch. 102, § 17; L. 1989, ch. 48, § 18; L. 1996, ch. 175, § 12; L. 2001, ch. 87, § 2; L. 2015, ch. 38, § 35; L. 2016, ch. 54, § 18; L. 2018, ch. 75, § 13; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-905 Increase of capital stock.

9-905. Increase of capital stock.
The capital stock of any stock bank or trust company may be increased. The president and cashier shall forward a verified statement to the commissioner showing the amount of the increase, paid in full, the names and addresses of the subscribers and the amount subscribed by each.
History:
L. 1947, ch. 102, § 18; L. 1989, ch. 48, § 19; L. 2015, ch. 38, § 36; L. 2018, ch. 75, § 14; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-906 Restoration of impaired capital.

9-906. Restoration of impaired capital.
(a) Whenever it shall appear that the capital stock of any stock bank or trust company is impaired, the commissioner shall notify the stock bank or trust company to restore the capital stock within 90 days of receipt of such notice.
(b) For purposes of this section, "impairment" means that charges or losses to the bank or trust company's capital accounts have been sufficient to eliminate all of the bank or trust company's allowance for loan and lease loss, undivided profits, surplus fund and any other capital reserves and has brought the book amount of the capital stock below the par value of the capital stock.
(c) Within 15 days of receipt of the impairment notice from the commissioner, the board of directors of the bank or trust company shall levy an assessment on the common stockholders sufficient to restore the capital stock.
(d) A bank or trust company may reduce its capital stock to the extent of the impairment, if such reduction is conducted pursuant to the requirements of K.S.A. 9-904, and amendments thereto.
History:
L. 1947, ch. 102, § 19; L. 1987, ch. 54, § 3; L. 2015, ch. 38, § 37; L. 2016, ch. 54, § 19; L. 2018, ch. 75, § 15; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-907 Delinquent stockholders; public or private sale of stock.

9-907. Delinquent stockholders; public or private sale of stock.
(a) Whenever any stockholder of a stock bank or trust company or an assignee of such stockholder, fails to pay any assessment as required by K.S.A. 9-906, and amendments thereto, the directors of the bank or trust company may sell the stock of such delinquent stockholder, or so much of the stock as necessary, to satisfy the assessment and any related incidental expenses within 120 days of the bank or trust company's receipt of impairment notice.
(b) The sale of stock of a delinquent stockholder may be either public or private. The bank or trust company may sell the stock to any person paying the highest price, however, the price shall not be less than the amount due upon the stock, including any incidental expenses. If the stock is sold at private sale and the price offered by any non-stockholder does not exceed the highest bid of any stockholder, then such stock shall be sold to the stockholder. If the stock is sold at a public sale, then notice of the public sale shall be published on the same day for two consecutive weeks, in a newspaper of general circulation in the city or county where the bank or trust company is located.
(c) Any excess moneys realized from the sale of the stock shall be paid to the delinquent stockholder, unless the stockholder is indebted to the bank or trust company. If the stockholder has debt, then the excess may be retained by the bank or trust company as an offset against the debt.
(d) If no purchaser can be found for the stock at the public or private sale, the stock shall be forfeited to the bank or trust company to be disposed of as the board of directors shall determine within six months from the date of the public or private sale. If the stock cannot be disposed of within six months, the bank or trust company may request permission from the commissioner for additional time to dispose of the stock.
History:
L. 1947, ch. 102, § 20; L. 1987, ch. 54, § 4; L. 2015, ch. 38, § 38; L. 2016, ch. 54, § 20; L. 2018, ch. 75, § 16; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-908 Preferred stock.

9-908. Preferred stock.
(a) Upon the affirmative vote of 2/3 of the voting shares of the common stock of a stock bank or trust company, and with the prior approval of the commissioner, a stock bank or trust company may issue preferred stock of one or more classes. The stockholders shall have a meeting to vote on the issuance of preferred stock. Notice of this meeting shall be given to all stockholders at least five days in advance of the date of the meeting by registered or certified mail, or electronically pursuant to the uniform electronic transactions act, K.S.A. 16-1601 et seq., and amendments thereto.
(b) No preferred stock shall be retired unless the common stock shall be increased in an amount equal to the amount of the preferred stock retired. All preferred stock shall be retired consistent with safety to the depositors.
History:
L. 1947, ch. 102, § 21; L. 1975, ch. 44, § 9; L. 1989, ch. 48, § 20; L. 2001, ch. 87, § 3; L. 2015, ch. 38, § 39; L. 2018, ch. 75, § 17; L. 2019, ch. 25, § 3; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-909 Preferred stock; rights and immunities of holders.

9-909. Preferred stock; rights and immunities of holders.
The holders of preferred stock shall not be liable for assessments to restore any impairment in the capital stock of a bank or trust company.
No dividends shall be declared or paid on common stock until all cumulative dividends, if any, on the preferred stock shall have been paid. If the bank or trust company is dissolved or placed in liquidation no payments shall be made to the holders of common stock until the holders of the preferred stock are first paid in full for any sums due upon the preferred stock.
History:
L. 1947, ch. 102, § 22; L. 1975, ch. 44, § 10; L. 1989, ch. 48, § 21; L. 1993, ch. 14, § 1; L. 2015, ch. 38, § 40; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-910 Dividends from capital stock prohibited; how current dividends paid.

9-910. Dividends from capital stock prohibited; how current dividends paid.
No dividends shall be paid from the capital stock account of a stock bank or trust company. The current dividends of any stock bank or trust company or of any mutual bank shall be paid from undivided profits after deducting losses. These losses are determined by using generally accepted accounting principles at the time of making the dividend.
History:
L. 1947, ch. 102, § 23; L. 1989, ch. 48, § 22; L. 1990, ch. 55, § 1; L. 2015, ch. 38, § 41; L. 2018, ch. 75, § 18; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-911 Declarations of dividends.

9-911. Declarations of dividends.
(a) The directors of any stock bank or trust company or of any mutual bank may declare cash dividends only from undivided profits. For a stock bank, before paying this dividend, the directors shall ensure that the surplus fund equals or exceeds the capital stock account. If the surplus fund is less than the capital stock account, the directors shall transfer 25% of the net profits of the bank or trust company, since the last preceding dividend from undivided profits to the surplus fund, except no additional transfers shall be required once the surplus fund equals the capital stock account.
(b) The directors of any bank or trust company may not declare or pay an asset dividend, other than cash dividends allowed pursuant to subsection (a), without prior approval from the commissioner.
History:
L. 1947, ch. 102, § 24; L. 1989, ch. 48, § 23; L. 2015, ch. 38, § 42; L. 2018, ch. 75, § 19; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 9 - Banking Code; Capital Stock And Structure › 9-912 Surplus account; stock dividends from reduction.

9-912. Surplus account; stock dividends from reduction.
(a) Any losses sustained by a bank or trust company in excess of its undivided profits may be charged to its surplus fund.
(b) Any stock bank or trust company, after receiving approval from the commissioner, may declare a stock dividend from its surplus fund, but no dividend shall reduce the surplus fund to an amount less than 30% of the resulting total capital.
(c) Any bank or trust company may reduce its surplus account with permission of the commissioner.
History:
L. 1947, ch. 102, § 25; L. 1975, ch. 44, § 11; L. 1989, ch. 48, § 24; L. 2001, ch. 87, § 4; L. 2015, ch. 38, § 43; L. 2018, ch. 75, § 20; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 11 - Banking Code; Powers › 9-1101a Issuance of capital notes or debentures, when; limitations.

9-1101a. Issuance of capital notes or debentures, when; limitations.
Upon approval of the stockholders owning 2/3 of the voting stock of the bank, the bank may issue convertible or nonconvertible capital notes or debentures in such amounts and under such terms and conditions as shall be approved by the commissioner, except that the principal amount of capital notes or debentures outstanding at any time shall not exceed an amount equal to 100% of the bank's paid-in capital stock plus 50% of the amount of its unimpaired surplus fund. Capital notes or debentures which are by their terms expressly subordinated to the prior payment in full of all deposit liabilities of the bank shall be considered as part of the unimpaired capital funds of the bank for purpose of the computation of the bank's loan limit.
History:
L. 1965, ch. 83, § 1; L. 2001, ch. 87, § 6; L. 2015, ch. 38, § 45; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 11 - Banking Code; Powers › 9-1107 Temporary borrowing by bank; limitation; exceptions.

9-1107. Temporary borrowing by bank; limitation; exceptions.
(a) Any bank may borrow an amount not to exceed 100% of the bank's capital stock and surplus for temporary purposes. The commissioner may authorize borrowing in excess of such limitation.
(b) Any bank may borrow without limitation upon legal investment securities and rediscount and endorse in good faith any of the bank's negotiable notes without limitation.
(c) Any bank may borrow without limitation for purposes of investing in bonds issued pursuant to K.S.A. 12-5219 et seq., and amendments thereto.
History:
L. 1947, ch. 102, § 36; L. 1975, ch. 44, § 15; L. 1981, ch. 51, § 1; L. 2015, ch. 38, § 48; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 11 - Banking Code; Powers › 9-1111b Applications for branch banks; examinations and investigation fee; disposition and use of fees.

9-1111b. Applications for branch banks; examinations and investigation fee; disposition and use of fees.
A bank making application to the commissioner for approval of a branch bank shall pay to the commissioner a fee, in an amount 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 amounts 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 only to pay the expenses of the board, commissioner or other designees in the examination and investigation of such applications and any unused balance shall be transferred to the bank commissioner fee fund.
History:
L. 1973, ch. 46, § 3; L. 1975, ch. 44, § 17; L. 1986, ch. 57, § 10; L. 1987, ch. 53, § 3; L. 1992, ch. 62, § 3; L. 2001, ch. 5, § 41; L. 2001, ch. 167, § 1; L. 2015, ch. 38, § 50; July 1.
2023 Kansas Statutes › Chapter 9 - Banks And Banking; Trust Companies › Article 11 - Banking Code; Powers › 9-1112 Unlawful transactions.

9-1112. Unlawful transactions.
(a) No bank or trust company shall buy, sell or trade tangible property as a business or invest in the stock of another bank or corporation, except as specifically authorized.
(b) Unless prior approval of the commissioner is granted, no bank or trust company shall sell, give or purchase any instrument, contract, security or other asset or asset dividend to or from:
(1) Any employee or to an employee's related interest;
(2) any director or to a director's related interest;
(3) the parent company; or
(4) a subsidiary of the parent company.
This paragraph shall not apply to assignment of loans and related security agreements to or from a subsidiary of the bank's parent company.
(c) No bank shall acquire or make a loan on the bank's own shares of stock, or the stock of the bank's parent company or a subsidiary of the bank's parent company, except as otherwise specifically authorized.
(d) No bank shall give any preference to any depositor either by pledging any of the bank's assets as collateral security or in any other manner, except:
(1) As provided under the provisions of K.S.A. 9-1603, and amendments thereto; and
(2) the deposit of public moneys and funds in the custody of the federal court or any of the court's officers may be secured as elsewhere provided in the state banking code or as required by the federal court.
History:
L. 1947, ch. 102, § 41; L. 1975, ch. 44, § 18; L. 1981, ch. 52, § 1; L. 1985, ch. 56, § 3; L. 1988, ch. 61, § 3; L. 1990, ch. 59, § 1; L. 1993, ch. 31, § 3; L. 2001, ch. 36, § 1; L. 2015, ch. 38, § 51; L. 2016, ch. 54, § 25; July 1.