9-1137. Compliance review committees; functions; confidentiality of certain documents; definitions; exceptions. (a) For the purposes of this section:
(1) "Bank" means a state chartered or federally chartered bank, trust company or bank holding company as defined in K.S.A. 9-519, and amendments thereto, located in this state;
(2) "compliance review committee" means:
(A) An audit, loan review or compliance committee appointed by the board of directors of a bank that functions to evaluate and seeks to improve loan underwriting standards, asset quality, financial reporting to federal or state regulatory agencies or compliance with federal or state statutory or regulatory requirements; or
(B) any other person to the extent the person acts in an investigatory capacity at the direction of a compliance review committee;
(3) "compliance review documents" means documents prepared for or created by a compliance review committee;
(4) "loan review committee" means a person or group of persons who, on behalf of a bank, reviews loans held by the institution for the purpose of assessing the credit quality of the loans, compliance with the institution's loan policies and compliance with applicable laws and regulations; or
(5) "person" means an individual, group of individuals, board, committee, partnership, firm, association, corporation or other entity.
(b) Except as provided in subsection (c):
(1) Compliance review documents are confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee; and
(2) compliance review documents delivered to a federal or state governmental agency remain confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee.
(c) Subsection (b) does not apply to any information required by statute or rules and regulations to be maintained by or provided to a governmental agency while the information is in the possession of the governmental agency to the extent applicable law expressly authorizes disclosure of such information.
(d) This section may not be construed to limit the discovery or admissibility in any civil action of any documents that are not compliance review documents.
History: L. 1995, ch. 35, § 1; L. 2015, ch. 38, § 65; L. 2016, ch. 54, § 31; July 1.
Structure Kansas Statutes
Chapter 9 - Banks And Banking; Trust Companies
Article 11 - Banking Code; Powers
9-1101a Issuance of capital notes or debentures, when; limitations.
9-1102 Holding of real estate; limitations.
9-1107 Temporary borrowing by bank; limitation; exceptions.
9-1111 Branch banking; remote service units.
9-1114 Board of directors of bank or trust company; rules and requirements.
9-1115 Officers of bank or trust company; election; term; bond; forfeiture of office.
9-1116 Meetings of board; examination of records, funds and securities; minutes.
9-1119 Certified checks, drafts or orders.
9-1121 Reproduction of records and papers; evidence.
9-1122 Closing of banks; business hours; emergencies.
9-1123 Bank service corporations; definitions.
9-1124 Same; investment by banks; limitations.
9-1125 Same; unreasonable discrimination in providing services prohibited; exceptions.
9-1127a Same; services which may be performed for depository institutions.
9-1127b Same; services which may be provided by corporations; restrictions.
9-1127e Same; investments by savings and loan associations and savings banks.
9-1127f Same; new activities with savings and loan associations; prior approval required.
9-1127g Same; permitted activities.
9-1127h Savings and loan service corporations; definitions.
9-1129 Same; application of act.
9-1131 Repurchase agreements with pooled money investment board.
9-1132 Personal liability of officers and directors, exceptions.
9-1133 Liability of officers and directors; actions; certain provisions applicable.
9-1134 Liability of officers and directors; severability.
9-1136 Powers; authority to lease certain personal property; definitions.
9-1138 School savings deposit program; requirements; definitions.
9-1140 Prohibiting branch banks in certain locations.
9-1141 Securing deposits for federally recognized Indian tribe.
9-1142 Savings promotion; requirements; rules and regulations.