9-1720. Change of control; approval. (a) Except with the prior written approval of the commissioner, or as otherwise permitted by the state banking code, it shall be unlawful for:
(1) A person acting directly, indirectly or in concert with one or more persons, either directly or indirectly, to engage in any activity that may result or results in acquiring control of any bank, bank holding company as defined in K.S.A. 9-519, and amendments thereto, or trust company without notifying the commissioner at least 30 days prior to acquiring control. The commissioner may determine if an activity may result or results in a change of control under this paragraph;
(2) a bank to merge or consolidate with any bank or institution, or either directly or indirectly acquire the assets of, or assume the liability to pay any deposit made in any other bank or institution, referred to hereinafter as a merger transaction; or
(3) a trust company to merge or consolidate with any trust company, or either directly or indirectly acquire the assets of any other trust company, referred to hereinafter as a merger transaction.
(b) The board of directors of any privately held bank, bank holding company or trust company shall notify the commissioner of any change of control of the bank, bank holding company or trust company at least 30 days prior to the date the change of control becomes effective.
(c) A trust company may merge or consolidate with a trust company, with the prior written approval of the commissioner chartered by:
(1) The comptroller of the currency; or
(2) another state. An application filed pursuant to this subsection shall be subject to the provisions of K.S.A. 9-1721, 9-1722 and 9-1724, and amendments thereto.
History: L. 1984, ch. 47, § 2; L. 2015, ch. 38, § 110; L. 2016, ch. 54, § 47; L. 2018, ch. 4, § 2; March 8.
Structure Kansas Statutes
Chapter 9 - Banks And Banking; Trust Companies
Article 17 - Banking Code; Supervision; Commissioner
9-1701 Examination of banks and trust companies; other reports.
9-1702 Examination of fiduciaries and affiliated organizations and their officers and employees.
9-1704 Reports to commissioner; publication, when.
9-1708 Refusal to be examined; remedy.
9-1709 Failure to respond to a lawful request of the commissioner.
9-1712 Examination of records and investigative materials of commissioner, confidential; disclosure.
9-1713 Adoption of rules and regulations; approval of board.
9-1714 Appointment of special deputy bank commissioner.
9-1715 Special orders; procedures.
9-1716 Powers of commissioner; order restricting declaration and payment of dividends.
9-1717 Prohibition against felon from serving as director, officer or employee.
9-1719 Change of control; definitions.
9-1720 Change of control; approval.
9-1721 Application process; approval factors and criteria; time frame.
9-1722 Application requirements.
9-1724 Exception for mergers resulting in a national bank.
9-1725 Powers of the commissioner during existence of an emergency.