reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 16 - CERTAIN OBLIGATIONS EXEMPT FROM BANK DEBT LIMITATIONS › Section 16-2 - Certain obligations exempt from debt limitations

Current through July 13, 2024
Notwithstanding the provisions of
				  W.S.
				  13-3-402, a person is permitted to become
				  indebted to a bank if, but only to the extent that, the repayment of the
				  principal indebtedness and the interest accrued thereon is:
(a) A general obligation of a state or a
				political subdivision of a state; or
(b) An obligation issued by any of the
				following:
(i) the Federal National Mortgage
				Association;
(ii) the Federal Home
				Loan Mortgage Corporation;
(iii)
				the Federal Farm Credit Bank;
(iv)
				the Student Loan Marketing Association;
(v) the Federal Home Loan Bank;
(vi) the Financing Corporation, which is also
				known as FICO;
(vii) the Resolution
				Funding Corporation; or
(viii) the
				Tennessee Valley Authority.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 16 - CERTAIN OBLIGATIONS EXEMPT FROM BANK DEBT LIMITATIONS › Section 16-3 - Safe and Sound Banking Practices

Current through July 13, 2024
A bank shall adhere to safe and sound banking practices in
				  conducting any activity described in this Chapter. The bank shall consider, as
				  appropriate, the market, credit, liquidity and operational risks presented by a
				  proposed activity. Each bank shall maintain records available for examination
				  purposes adequate to demonstrate that it complies with this
				  Chapter.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-1 - Authority and Scope

Current through July 13, 2024
(a) These rules are
				promulgated pursuant to Wyoming Statute ("W.S.")
										13-1-603(c)(v) and W.S.
				W.S.
				34-29-104(o).
(b) This chapter governs banks, as defined in
				W.S.
				13-1-101(a)(i), that elect
				to opt into enhanced regulatory requirements for digital asset custodial
				services under
				W.S.
				34-29-104.
(c) If an examination conforming to the
				requirements of section 8 is not feasible because of the inability of any
				reasonably available auditor to comply with all provisions of subsection (s),
				the bank may voluntarily opt into all of the remaining provisions of this
				chapter.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-3 - Opt-In Procedure; Form of Notice

Current through July 13, 2024
(a) Consistent with
				W.S.
				34-29-104(a), a bank may
				provide custodial services upon providing sixty (60) days written notice to the
				Commissioner.
(b) Written notice
				under subsection (a) shall contain the following information:
(i) A complete, detailed outline of the
				proposed custodial services, including measures which will be taken to comply
				with
				W.S.
				34-29-104 and risk mitigation
				activities;
(ii) Verification that
				the bank is currently in compliance with all applicable state and federal
				statutes and rules, and will, unless a change in law occurs, be in compliance
				with all applicable state and federal statutes and rules while providing
				custodial services;
(iii) Reasons
				why the proposed custodial services will likely not impair the solvency or the
				safety and soundness of the bank, consistent with
				W.S.
				34-29-104(m); and
(iv) The signatures of the Chief Executive
				Officer and Chief Financial Officer of the bank or the equivalent officers,
				verifying the true and complete nature of the written
				notice.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-4 - Digital Asset Custodial Services; Permissible Transactions; Customer Funds

Current through July 13, 2024
(a) A bank
				providing custodial services under
				W.S.
				34-29-104 may serve as a "qualified
				custodian," as specified by 17 C.F.R. § 275.206(4)-2, as incorporated by
				reference on July 1, 2019 or as a custodian authorized by the United States
				commodity futures trading commission or other law. A "qualified custodian"
				shall maintain customer digital assets, funds and other securities which are
				not digital assets:
(i) In a separate account
				for each customer under that customer's name; or
(ii) In accounts that contain only customer
				digital assets, funds and other securities which are not digital assets, under
				the bank's name as agent or trustee for customers.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-6 - Standard of Custodial Services

Current through July 13, 2024
(a) If a bank is
				subject to the requirements of the United States Securities and Exchange
				Commission's "Customer Protection Rule" for digital securities as specified by
				17 C.F.R. 240.15c3-3, as incorporated by reference on July 1, 2019, the bank
				may be considered to have satisfied the requirement for a satisfactory control
				location if the bank has control of the digital security, consistent with
				supervisory manuals adopted by the Commissioner.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-7 - Risk Management and Operations

Current through July 13, 2024
(a) In conducting
				supervision activities, the Commissioner shall determine whether a bank
				providing custodial services under this chapter has adequate systems in place
				to identify, measure, monitor and manage risks. Such systems include policies,
				procedures, internal controls and management information systems governing
				custodial services.
(b) A bank
				shall have a clearly documented and audited operational risk management
				program. The program shall include the following:
(i) Developing strategies to identify,
				assess, monitor and manage operational risk;
(ii) Defining procedures concerning
				operational risk management;
(iii)
				Defining an operational risk assessment methodology; and
(iv) Managing a risk reporting system for
				operational risk.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-8 - Business Requirements

Current through July 13, 2024
(a) A bank
				providing custodial services under this chapter shall have verified mechanisms
				in place to assess its liquidity needs, including sums required for the
				execution of transactions. These mechanisms shall inform the bank's customer
				private key storage policy for custodial services. Unless otherwise
				demonstrated to be no longer best practices:
(i) The customer private key storage policy
				should require that the method of digital asset storage (e.g., hot versus cold
				storage) be conducted on a risk-focused basis; and
(ii) The mechanism and thresholds for
				transfer between hot, cold and other forms of storage must be well documented
				and subject to rigorous internal controls and auditing. To ensure sufficient
				liquidity and the protection of customer assets, a bank shall be able to timely
				execute a withdrawal of all digital assets.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-10 - Transaction Handling

Current through July 13, 2024
(a) To ensure that
				all transactions are subject to appropriate safeguards, a bank shall put in
				place secure and trusted measures to prevent fraud. Transactions shall be
				recorded in system audit records.
(b) A bank shall consider the use of
				multi-signature arrangements, as defined in
				W.S.
				34-29-103(e)(ii), in all
				appropriate transactions. The Commissioner may require a bank to use
				multi-signature arrangements in specific situations.
(c) All individuals with authorized access to
				any secured location or system shall utilize individually named accounts to
				allow for auditing of access. Where a bank has various multi-signature
				arrangement procedures that vary depending on the risks of the transaction,
				including the value of a transaction, type of wallet risk, type of customer,
				the procedures of the bank shall be well-documented and audited.
(d) A bank shall adopt a method for managing
				a signing process that prevents a quorum of individuals from acting in bad
				faith to collude or manipulate automated systems. This may be achieved by
				separation of duties of different quorums over different subsystems, but does
				not require that quorums must not be used to protect individual subsystems. The
				bank shall use a system in which customer instructions for transactions may be
				authenticated or verified as genuine, and subsequently audited, to reduce the
				risk of theft and collusion. The risk of collusion and other malicious acts
				shall be addressed as part of recurring operational risk assessments. Collusion
				mitigation may be accomplished in the following ways:
(i) Safeguards including oversight and/or
				separation of duties that prevent a linear ability to create, approve, sign
				transactions and broadcast to distributed ledger networks;
(ii) Use of automated systems to create,
				approve, sign transactions and broadcast to distributed ledger
				networks;
(iii) Distribution of
				signatories with differing incentives, including customers, custodians,
				trustees, other financial institutions, counterparties, and other third
				parties;
(iv) Concealment of the
				identities of signatories among each other; and
(v) Rotation of signatories, signing times or
				signing locations.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-11 - Custody Operations

Current through July 13, 2024
(a) A bank shall
				ensure that information technology operational safeguards are subject to
				industry best practices to ensure a secure and stable custody operating
				environment is in place. These safeguards shall include the following:
(i) A bank shall ensure that technology
				measures consistent with industry best practices are in place to protect all
				systems, which may include "defense in depth." A bank may adopt the ISO 27001
				information technology standard, but if the bank chooses not to adopt this
				standard, it shall implement as many components of this standard as
				appropriate. The Commissioner may require the adoption of additional technology
				safeguards or standards. Particular rigor shall be applied to ensure that all
				internet-facing systems are hardened and secure; and
(ii) Access to systems and data shall only be
				granted to individuals with a demonstrated business need that cannot be
				achieved through other means. Safeguards shall be in place to ensure
				identification, authorization and authentication of the individual. A current
				list of access rights shall be maintained along with documented procedures for
				assigning and revoking access privileges. A log of all access changes shall be
				maintained to demonstrate proof of proper access rights management.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 19 - ENHANCED DIGITAL CUSTODY OPT-IN REGIME › Section 19-12 - Digital Asset Lending Based on Customer Instructions

Current through July 13, 2024
(a) Based only on
				customer instructions and authority, consistent with
				W.S.
				34-29-104 and section 4 of this chapter, a
				bank may undertake digital asset lending. Digital asset lending shall exclude
				rehypothecation of digital assets, consistent with
				W.S.
				34-29-104(k) and subsection
				(g) of section 5 of this chapter.
(b) Digital asset lending shall be restricted
				solely to the department of the bank providing custodial services and shall not
				extend to any other functions of the bank which are not required for custodial
				services.
(c) Bank-owned assets or
				customer depository accounts shall not be involved in digital asset lending,
				except that the bank may accept deposits of customer funds related to digital
				asset lending.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-1 - Authority; Scope; Applicability of Other Rules; Federal Law

Current through July 13, 2024
(a) This Chapter is
				promulgated pursuant to Wyoming Statute ("W.S.")
										13-12-126.
(b) This Chapter governs special purpose
				depository institutions, as defined in W.S.
				W.S.
				13-1-101(a)(xvi).
(c) The rules of the Board and the Division,
				except as provided in this subsection and to the extent not inconsistent with
				W.S.
				13-12-101 through
				13-12-126, shall
				apply to special purpose depository institutions. The term "bank" or "financial
				institution" in other rules shall be reasonably construed to include special
				purpose depository institutions, as determined by the Commissioner. Chapter 4,
				§§ 5 and 6 of the Rules of the Division shall not apply to special purpose
				depository institutions.
(d)
				Consistent with
				W.S.
				13-12-107, a special purpose depository
				institution shall be subject to all applicable federal laws relating to insured
				depository institutions which are consistent with the powers, limitations and
				other characteristics specified by
				W.S.
				13-12-101 through 13-12126 and this Chapter,
				as determined by the Commissioner. Reference to a particular federal law or
				rule in this Chapter shall not be construed to imply that other laws or rules
				not referenced are inapplicable.
(e) A special purpose depository institution
				may request the Commissioner to provide guidance on the applicability of a
				specific federal law under subsection (d) of this section.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-4 - Recovery/Resolution Planning

Current through July 13, 2024
(a) Not later than
				six (6) months after a special purpose depository institution commences
				operations, a draft recovery and resolution plan shall be submitted to the
				Commissioner for review.
(b) A
				draft recovery and resolution plan shall generally encompass the requirements
				of a national bank recovery plan and the "targeted resolution plan" specified
				by
				12 C.F.R. §
										243.6, as of June 1, 2020. The plan shall
				outline potential recovery actions to address significant financial or
				operational stress that could threaten the safe and sound operation of the
				institution, as well as and strategies for orderly disposition of the
				institution without the need for the appointment of a receiver, including
				actions under § 5 of this Chapter. A plan shall also identify at least two (2)
				business entities that could potentially acquire the special purpose depository
				institution, or any component of the institution, in the event of financial
				distress, receivership or another contingency warranting use of the plan. The
				plan shall include a procedure for quickly and safely transferring all assets
				of the institution to another entity and a procedure for liquidating the assets
				of the institution.
(c) The
				Commissioner, in consultation with the officers of the special purpose
				depository institution, shall review the draft recovery and resolution plan and
				determine whether it appropriately addresses the risks inherent in a potential
				recovery or resolution scenario. The institution shall amend the draft plan as
				reasonably required by the Commissioner to protect the interests of the
				customers of the institution and to protect the financial system from material
				risks. The board of directors of the institution shall review the draft plan
				and approve a final plan within sixty (60) days of submission of a plan by the
				officers. After approval, the chief executive officer of the special purpose
				depository institution shall file the plan with the Commissioner.
(d) After filing under subsection (c) of this
				section, the board of directors of a special purpose depository institution
				shall annually review and amend the recovery and resolution plan of the
				institution to account for material changes in each of the following areas:
(i) Critical operations or core business
				lines, including information technology;
(ii) Corporate structure, including
				interconnections and interdependencies with other business entities, management
				and succession planning;
(iii)
				Deposits and assets under custody, assets under management or similar
				relationships;
(iv) Funding,
				liquidity or capital needs or sources;
(v) Changes in law or regulation;
				and
(vi) Any other area determined
				to be relevant by the Commissioner.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-5 - Supervision of Controlling Interests; Affiliate Relationships

Current through July 13, 2024
(a) As used in this
				Chapter, "controlling interest in a special purpose depository institution"
				means a circumstance when a person, directly or indirectly, or acting through
				or in concert with one or more persons:
(i)
				Owns, controls, or has the power to vote 25 percent or more of any class of
				voting securities of the institution;
(ii) Controls in any manner the election of a
				majority of the directors of the institution;
(iii) Have the power to exercise a
				controlling influence over the management or policies of the
				institution.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-7 - Anti-Money Laundering, Customer Identification and Sanctions Compliance

Current through July 13, 2024
(a) A special
				purpose depository institution shall maintain a written compliance program
				covering the topics set forth in subsection (a) of this section, commensurate
				with the risk profile of the institution, as determined by the Commissioner.
				The program shall:
(i) Be approved initially
				by the board of directors and reviewed on an annual basis by the board for
				potential updates;
(ii) Require
				annual, written risk assessments, which shall be approved by the board and
				noted in the minutes of the board; and
(iii) Establish a written training program,
				which shall include annual training for directors, officers, and other key
				personnel which are in a position to promote institutional
				compliance.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-8 - Directors; Officers; Operations in Wyoming

Current through July 13, 2024
(a) A special
				purpose depository institution shall be managed by not less than five (5)
				directors, consistent with
				W.S.
				13-2-401. An institution shall maintain the
				following executive officers, or functional equivalents, to manage its
				operations:
(i) Chief executive
				officer/president;
(ii) Chief
				operations officer;
(iii) Chief
				compliance officer;
(iv) Chief
				financial officer;
(v) Chief
				technology/information security officer; and
(vi) Any other officers deemed
				appropriate.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-9 - Investments and Liquid Assets

Current through July 13, 2024
(a) Consistent with
				W.S.
				13-12-105(b)(iii) and this
				section, a special purpose depository institution may, in addition to Federal
				Reserve Bank balances, maintain unencumbered liquid assets through investments
				in the following asset classes:
(i)
				Obligations of the U.S. Treasury or other federal agencies;
(ii) Obligations of a U.S. state or U.S.
				municipal government which are investment grade;
(iii) Securities issued by a U.S. federal or
				state government agency or government sponsored enterprise which are investment
				grade;
(iv) Investments specified
				by
				W.S.
				13-3-302;
(v) Other investments which are determined by
				the Commissioner to be substantially similar to the assets described in this
				subsection or permissible under safe and sound banking practices.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-10 - Material Communications with Governmental Agencies; Agreements

Current through July 13, 2024
(a) A special
				purpose depository institution, or the incorporators of a proposed institution,
				shall promptly disclose to the Commissioner in a confidential format any
				material communications with other governmental agencies or self-regulatory
				organizations, whether state, federal or foreign, which relate to the
				chartering, operation, licensure, activities, condition or legal compliance of
				the institution. The Commissioner shall maintain any communications received
				under this section in a confidential format.
(b) The Commissioner may enter into
				information sharing, branching, joint supervision or other agreements with
				government agencies or self-regulatory organizations relating to special
				purpose depository institutions or digital asset activities more generally.
				Information subject to an information sharing agreement with another government
				agency shall remain confidential and shall be only used for the purposes
				specified in the agreement.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-11 - Safety and Soundness

Current through July 13, 2024
(a) The
				Commissioner retains the authority to take action under applicable state or
				federal law to address unsafe or unsound conditions, deficient capital levels,
				violations of law or conditions that may negatively impact the operations of
				the institution, customers of the institution or the financial
				system.
(b) To mitigate legal and
				contractual risk to the institution, a special purpose depository institution
				shall ensure that the following contracts exclusively apply Wyoming law and
				applicable federal law, with the venue of any litigation also in Wyoming:
(i) All customer agreements;
(ii) Any agreement governing a transaction
				that involves customer deposits, custodial, trust or fiduciary assets,
				including qualified financial contracts, as defined in
				12 U.S.C. §
											1821(e)(8)(D), and
				transactions made under § 5, Chapter 19, Rules of the
				Division.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-12 - Reports and Examinations

Current through July 13, 2024
(a) Consistent with
				§ 1(d) of this Chapter, a special purpose depository institution shall
				generally be supervised in the same manner as other state and national banks
				engaged in deposittaking, custodial, trust and fiduciary activities.
(b) A special purpose depository institution
				shall submit electronic reports relating to the condition of the institution,
				in the manner and frequency required by the Commissioner.
(c) The Commissioner shall conduct a
				full-scope, on-site examination of every special purpose depository institution
				not more frequently than every twelve (12) months, unless an unsafe or unsound
				condition exists.
(d) The
				Commissioner shall develop and maintain manuals and procedures, including
				necessary ratings and policies, to ensure legal compliance, safe and sound
				operations and to set expectations for examinations and ongoing
				supervision.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 20 - SPECIAL PURPOSE DEPOSITORY INSTITUTIONS › Section 20-13 - Operations and Activities

Current through July 13, 2024
(a) Consistent with
				W.S.
				13-12-103(b) and subject to
				the approval of the Commissioner, a special purpose depository institution may
				engage in all activities permitted to state and national banks which are
				consistent with the safe and sound operation of the institution, with the
				exception of lending activities prohibited by
				W.S.
				13-12-103(c) which subjects
				the institution to credit risk.
(b)
				A special purpose depository institution shall consult with the Commissioner
				and seek any necessary approval, before engaging in a new substantial activity
				or line of business.
(c) A special
				purpose depository institution shall maintain policies and conduct appropriate
				market surveillance to prevent, detect and combat manipulative or illegal
				trading practices in traditional and digital asset markets.
(d) A special purpose depository institution
				shall not engage in a narrowly focused business model that involves taking
				deposits from institutional investors and investing all or substantially all of
				the proceeds in balances within the Federal Reserve System or similar means as
				a pass-through investment entity. The following apply:
(i) As used in this subsection, "narrowly
				focused business model" means a circumstance in which custodial, fiduciary,
				trust or other financial activities (as defined in
				12 U.S.C. §
											1843(k)(4), excluding the
				pass-through investment activities described above), do not constitute a
				substantial majority of the business model of the special purpose depository
				institution.
(ii) The Commissioner
				shall interpret this provision in the same manner as custodial banks, which are
				authorized under federal law not to provide the same range or scale of
				traditional commercial or retail banking products as are provided by other
				banking organizations.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 30 - OPEN BANKING › Section 30-1 - Authority and Scope

Current through July 13, 2024
(a) These rules
				are promulgated pursuant to Wyoming Statute ("W.S.")13-1-802(c).
(b) This chapter governs banks, as defined in
				W.S. 13-1-101(a)(i), that participate in and provide for open
				banking.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 30 - OPEN BANKING › Section 30-2 - Definitions

Current through July 13, 2024
(a) As used in this chapter:
(i) "Notice" means the written notice
				provided from a bank to a customer regarding the collection use or disclosure
				of customer data for the purposes of open banking.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 30 - OPEN BANKING › Section 30-3 - Notice, Use, and Disclosure Requirements

Current through July 13, 2024
(a)
				The Notice must include the following:
(i)
				Sufficient information such that the customer can identify the third-party that
				is requesting the customer's data;
(ii) A brief description of the customer data
				that is being requested from the third-party; and
(iii) Instructions on how a customer may
				revoke their consent for their data to be shared.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 30 - OPEN BANKING › Section 30-4 - Revocation of Consent

Current through July 13, 2024
(a) A customer
				may revoke their consent at any time.
(b) Once a customer revokes consent, the bank
				must immediately cease providing that third-party's access to the customer's
				data.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 30 - OPEN BANKING › Section 30-5 - Records Requirements

Current through July 13, 2024
(a) Banks must
				retain a record of the third-parties to which each customer has given consent
				to share his or her data and what data is being shared.
(b) Banks must, upon request from a customer,
				provide to the customer records of all third-parties with access to that
				customer's data and what data is being shared.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - INFORMATION PRACTICES › Section 6-1 - Authority

Current through July 13, 2024
a. These rules are promulgated pursuant to
				the Wyoming Administrative Procedure Act, W.S.
				9-692.1
et
.
Seq
., and the
				Governors Executive Order of March 7, 1975. These rules apply to all public
				records maintained by the State Examiner, State of Wyoming.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - INFORMATION PRACTICES › Section 6-2 - Definitions

Current through July 13, 2024
a. All of the definitions set forth and
				contained in W.S. 9-692.1 are incorporated herein by reference. In addition,
				the following definitions as used in these rules shall apply:
(1) "Official custodian" means the State
				Examiner.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - INFORMATION PRACTICES › Section 6-3 - Disclosure

Current through July 13, 2024
a. Records that are determined by the State
				Examiner to fall under the public record classification, except those public
				records for which inspection may or shall be denied pursuant to W.S. 9-692.3,
				shall be available for inspection in the offices of the State Examiner during
				normal business hours. Disclosure of all such records maintained by the State
				Examiner shall be made without regard to the intended use or purpose of the
				request.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - INFORMATION PRACTICES › Section 6-4 - Access

Current through July 13, 2024
a. All public records, except those for which
				inspection may or shall be denied pursuant to W.S. 9-692.3, may be viewed,
				copied and physically handled in the offices of the State Examiner during
				normal business hours upon written or oral request made to the official
				custodian. However, no form of identification and no form of written request
				shall be required as a prerequisite to access to public records.
b. As provided by W.S. 9-692.4(b), any person
				requesting copies of any record(s) permitted to be reproduced must make
				arrangements through the custodian, his assistants, or their secretaries since
				no reproduction facilities of any kind are available at the office of the State
				Examiner. In case arrangements made are of such a nature that the State
				Examiner is required to authorize staff to be employed for this purpose away
				from State Examiners offices, the State Examiner may charge up to the actual
				value of the time, and other expenses actually incurred, in addition to the
				actual costs of reproduction; which total sum shall immediately be deposited
				with the State Examiner as provided by law. For ordinary reproduction of
				records, a limited number of pages of any record(s) permitted to be reproduced
				will be copied by staff of the State Examiner at a charge of thirty-five cents
				($ .35) per page to cover cost of staffs time and to cover charges levied
				against the State Examiner.
c. No
				public records for which inspection may or shall be denied pursuant to W.S.
				9-692.3, shall be copied except by employees of the State Examiner engaged in
				their employers business and with the approval of the official custodian. A
				notation of all such copies and the purpose for which they were used shall be
				noted on the original record.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - INFORMATION PRACTICES › Section 6-5 - Correction and Amendment

Current through July 13, 2024
a. Any person in
				interest shall have the right upon written or oral request made to the official
				custodian to correct or amend any erroneous, inaccurate, or misleading
				information that is contained in a public record relating to him by
				supplementing the public record with such corrected or amended material.
				However, no public records or portion thereof shall be physically altered,
				destroyed or removed except with the consent of the official
				custodian.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - INFORMATION PRACTICES › Section 6-6 - Personnel Files

Current through July 13, 2024
a. Personnel files,
				and the content thereof, maintained by the State Examiner shall not be
				available for inspection except by the person in interest and the duly elected
				or appointed officials who supervise the work of the person in
				interest.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - INFORMATION PRACTICES › Section 6-7 - Maintenance of Records

Current through July 13, 2024
a. All public
				records maintained by the State Examiner shall be stored and retained according
				to applicable time schedules and policies of the State Examiner. At a minimum
				all public records shall be retained for such time as shall be deemed necessary
				to complete final agency action relative thereto.
b. All public records for which public
				inspection may or shall be denied pursuant to W.S. 9-692.3 shall be identified,
				stored and maintained, by whatever means appropriate, to indicate and preserve
				their confidentiality. However, the identification, storage and maintenance
				shall be undertaken in such a manner as to indicate to an applicant for public
				records the existence and general notice of the confidential records.
c. The official custodian shall annually
				inform the Office of Information Practices of any new public records maintained
				by the official custodian, the inspection of which may be denied pursuant to
				W.S. 9-692.3.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - INFORMATION PRACTICES › Section 6-8 - Mailing Lists

Current through July 13, 2024
a. The official
				custodian shall disseminate no lists or compilations of files containing public
				records except when engaged in official business of the State
				Examiner.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 11 - GENERAL AUDITING RULES AND PROCEDURES › Section 11-1 - Authority

Current through July 13, 2024
The rules governing the conduct of audits by the Department
				  of Audit are adopted by authority of
				  W.S.
				  9-2-2003(e) and
				  (g)(ii).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 11 - GENERAL AUDITING RULES AND PROCEDURES › Section 11-2 - Purpose and Scope

Current through July 13, 2024
(a) The rules
				govern the following audits performed by the Department of Audit:
(i) For the Department of Revenue;
(ii) For the Department of
				Transportation;
(iii) For the
				Office of State Lands and Investment; and
(iv) For the Office of Natural Resources
				Revenue of the United States Interior Department.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 11 - GENERAL AUDITING RULES AND PROCEDURES › Section 11-3 - Contact with the Entity to be Audited

Current through July 13, 2024
When an audit is to be conducted, the entity to be audited
				  shall be contacted to establish the date and time when the audit will begin,
				  the records and documents to be examined and their location and availability.
				  The audited entity shall designate a contact person or representative with whom
				  audit activities are be coordinated. The auditor in charge may review the audit
				  plan with the audited entity to provide an understanding of audit procedures
				  and objectives.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 11 - GENERAL AUDITING RULES AND PROCEDURES › Section 11-4 - Access to Records

Current through July 13, 2024
(a) Auditors shall
				be given free and open access, during regular business hours, to any and all
				books, logs, journals, records or documents of the audited entity which the
				auditors deem relevant and necessary to the satisfactory completion of the
				audit and the rendering of a knowledgeable opinion, judgment or recommendation
				concerning the audited entity. If any book, log, journal, document, record or
				information relevant and necessary to the audit is kept or maintained
				electronically, the audited entity shall provide such data or access to such
				data in electronic form unless some other form is requested by the auditors and
				mutually agreed to by the audited entity. Auditors shall also be given access
				to all personnel involved in the production of any records relevant to the
				audit, for discussion and explanation of the systems and operations which
				produce the records examined.
(b)
				The department may subpoena witnesses or documents as necessary for the audit,
				as authorized by
				W.S.
				9-2-2003(g)(iv) or W.S.
				W.S.
				9-1-506.
(c) If the records and documents defined in
				the engagement letter are not available to the auditors for commencement of the
				audit at the agreed time and place, or if additional records determined by the
				auditors to be necessary for conducting the audit are not made available within
				such time as the auditors may reasonably allow, the director of the department
				may apply to the attorney general for an action to obtain the records and for
				the assessment of costs or such other relief as may be appropriate because of
				the delay.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 11 - GENERAL AUDITING RULES AND PROCEDURES › Section 11-5 - Internal Controls; Computer Processed Data

Current through July 13, 2024
The auditors shall review and test the internal controls of
				  the audited entity as necessary to determine the accuracy and credibility of
				  the entity's records and accounting system. If computer processed data are an
				  important and integral part of the audit, the audited entity shall allow the
				  auditors to conduct such tests of the general and application controls of the
				  computer system as necessary to determine the reliability of the
				  data.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 11 - GENERAL AUDITING RULES AND PROCEDURES › Section 11-6 - Examination of Records

Current through July 13, 2024
(a) Auditors may
				use sampling methods which are approved under generally accepted auditing
				standards to test the audited entity's accounting system and records. Based
				upon the results of the tests, the auditors, in consultation with the audit
				manager, shall determine whether to continue or terminate the audit.
(b) If the test results show that the audit
				should be continued, the auditors may conduct the audit by the use of approved
				sampling methods. If the auditors elect to use a sample projection, the audited
				entity will be informed and the sampling method used will be explained.
				Sampling means that a valid portion or percentage of accounts, invoices,
				purchase or sale documents, or other records representative of the time frame
				being audited, will be examined and the results will be projected for the total
				population from which the sample is drawn.
(c) When test results obtained during an
				audit to determine compliance with mineral production reporting and valuation
				requirements for severance tax or property tax show evidence of gross
				negligence by the audited entity, such evidence shall be evaluated by the
				director. The audited entity may request an informal conference with the
				director to consider the evidence. If the director determines there is evidence
				of gross negligence, the time period for the audit may be extended to prior
				years as provided by
				W.S.
				39-14-108(b)(vi);
				
										39-14-208(b)(vi);
				
										39-14-308(b)(vi);
				
										39-14-408(b)(vi);
				
										39-14-508(b)(vi);
				
										39-14-608(b)(vi);
				
										39-14-708(b)(vi).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 12 - CONFIDENTIAL INFORMATION › Section 12-1 - Claim Files Confidential

Current through July 13, 2024
The claim files maintained by the risk manager shall be
				  considered privileged and confidential and shall be for the use of the risk
				  manager and the advisory board only.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0004 - Money Transmitters › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-1 - Authority; Scope

Current through July 13, 2024
(a) Generally,
				these Regulations are promulgated pursuant to
				W.S.
				40-22-129(a) and pursuant to
				the Wyoming Administrative Procedure Act and the Wyoming Administrative
				Regulation Review Act. Some Chapters are also promulgated pursuant to other,
				more specific statutory authority, as specified in such Chapters.
(b) This Chapter provides for matters that
				apply generally to money transmission and supplies general information that is
				basic and common to the balance of these Regulations.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0004 - Money Transmitters › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-3 - Service of Process; Delivery of Other Materials; Use of Overnight Couriers

Current through July 13, 2024
(a) Whenever any
				document or other material is required to be served on, filed with or otherwise
				delivered to the Commissioner, such service, filing or delivery shall be made
				upon him personally, or in the absence of the Commissioner, upon the acting
				Commissioner.
(b) Whenever any
				document or other material is required to be served on or otherwise delivered
				to a party in connection with proceedings before the Commissioner, such service
				or delivery shall be made:
(i) If such party
				is represented by counsel who has filed a notice of appearance in accordance
				with Section
				2 of
				Chapter 5, then upon such counsel;
(ii) If such party is an entity or a group of
				individuals and is not represented by counsel, then upon the agent designated
				by such party for service of process; or
(iii) In all other circumstances, upon such
				party.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0004 - Money Transmitters › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-4 - Public and Confidential Records

Current through July 13, 2024
(a) Pursuant to
				W.S.
				40-22-117,
				W.S.
				9-1-512 and
				W.S.
				16-4-203(a)(i), reports
				issued by the Commissioner, materials relating to examinations and reports and
				other records required of a money transmitter are not public records and are
				not open for public inspection, subject to the exceptions provided in
				W.S.
				16-4-203(a) and W.S. 40-22-
				117(b). In connection with proceedings under Chapters 5, 6 and 7, the
				information obtained by or provided to the Commissioner and/or the Division is
				confidential both because the Commissioner's future ability to obtain the
				information necessary to discharge his statutory duties in light of the public
				interest would be substantially and irretrievably impaired and because, given
				the nature of the information gained by the Commissioner, its public release
				would cause substantial harm to the competitive positions of the persons
				providing the information, of the applicant and of the proposed
				institution.
(b) Upon written
				request to the Commissioner, any person may inspect public records possessed by
				the Division, subject to and only to the extent permitted under the Wyoming
				Public Records Act. Information that is not subject to public inspection under
				the Wyoming Public Records Act shall not be made available for public
				inspection.
(c) Inspection of
				public records shall take place in the Division's offices during regular
				business hours. Only the Commissioner or other Division employees may remove
				public records from the Division's offices. A person desiring photocopies of
				all or part of a public record shall make such request in writing and, as
				required by W.S. 16- 4-204, shall pay the Division's then-prevailing charges
				for such copies and for the services of Division employees in complying with
				such request and supervising such compliance.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0004 - Money Transmitters › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-5 - Computation of Time

Current through July 13, 2024
In computing any time period prescribed by these Regulations,
				  the day of the act or event from which the time period begins to run shall not
				  be included. The last day of the period so computed shall be included, unless
				  it is a legal holiday, in which event the period runs until the end of the next
				  day which is not a legal holiday. When the period is less than eleven (11)
				  days, legal holidays shall be excluded in the computation.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0004 - Money Transmitters › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-6 - Rules of Construction

Current through July 13, 2024
(a) Unless the
				content clearly indicates otherwise, this Chapter applies to all
				Chapters.
(b) To aid readability,
				these Regulations use the masculine gender when referring to individuals and
				use the neuter gender when referring to non-individuals. Words expressed using
				one gender include the other genders.
(c) Unless the context clearly indicates
				otherwise, these Regulations shall be construed by the following rules:
(i) Words and phrases shall be taken in their
				ordinary and usual sense, but technical words and phrases having a peculiar and
				appropriate meaning in law or in the money transmitter industry shall be
				understood according to their technical import.
(ii) Reference to "the Wyoming Statutes" or
				the abbreviation "W.S." means the Wyoming Statutes as published from time to
				time and, pending reduction to published form and subject to applicable
				effective dates, all supplements, additions and other modifications enacted by
				the Legislature of the State of Wyoming. Reference to a named act or rule shall
				be treated correspondingly.
(iii)
				These rules shall be construed consistently with
				W.S.
				8-1-103.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0004 - Money Transmitters › Chapter 2 - FEES, BONDS AND SECURITY › Section 2-1 - Authority

Current through July 13, 2024
This chapter is promulgated in part pursuant to
				  W.S.
				  40-22-109, Application fee,
				  W.S.
				  40-22-111(a), Renewal of
				  license and annual report, and
				  W.S.
				  40-22-114(c), Changes in
				  control of licensee.