9-1721. Application process; approval factors and criteria; time frame. (a) The person proposing to acquire control or a bank or trust company undertaking a merger transaction, hereinafter referred to as the applicant, shall file an application with the commissioner at least 60 days prior to the proposed change of control or merger transaction. If the commissioner does not act on the application within the 60-day time period, the application shall stand approved. The commissioner may, for any reason, extend the time period to act on an application for an additional 30 days. The time period to act on an application may be further extended if the commissioner determines that the applicant has not furnished all the information required under K.S.A. 9-1722, and amendments thereto, or that, in the commissioner's judgment, any material information submitted is substantially inaccurate. The commissioner may waive the 60-day prior notice requirement if the acquired bank or trust company is under a formal corrective action.
(b) Upon the filing of an application, the commissioner shall make an investigation of the applicant for the change of control or merger transaction. The commissioner may deny the application if the commissioner finds the:
(1) Proposed change of control or merger transaction would result in a monopoly or would be in furtherance of any combination or conspiracy to monopolize or attempt to monopolize the business of banking or trust services in any part of this state;
(2) financial condition of the applicant might jeopardize the financial stability of the bank or trust company or prejudice the interests of the depositors of a bank;
(3) competence, experience or integrity of the applicant or of any of the proposed management personnel of the bank or trust company or resulting bank or trust company indicates it would not be in the interest of the depositors of the bank, the clients of trust services, or in the interest of the public; or
(4) applicant neglects, fails or refuses to furnish the commissioner with all of the information required by the commissioner.
(c) Upon service of an order denying an application, the applicant shall have the right to a hearing to be conducted in accordance with the Kansas administrative procedure act before the state banking board. Any final order of the commissioner pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1984, ch. 47, § 3; L. 1986, ch. 318, § 17; L. 1988, ch. 356, § 42; L. 2010, ch. 17, § 28; L. 2015, ch. 38, § 111; L. 2016, ch. 54, § 48; L. 2018, ch. 4, § 3; July 1.
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.