Section 51. Except as provided in section 50, the proceedings of the compliance review supervisor and the contents of any compliance review document shall, notwithstanding any other law or regulation to the contrary, remain confidential and shall not be discoverable or admissible in evidence in any civil proceeding, except an enforcement proceeding brought under state law by the appropriate federal or state regulator of the bank, arising out of or related to any self testing programs conducted by such supervisor. A person who assists in any such program or who prepares, reviews or receives such compliance review document shall not be required to give testimony in any civil proceeding, except such enforcement proceeding by such federal or state regulator, as to any matters concerning the contents of any such compliance review document. Any evidence elicited from any such person relative thereto shall, except for said exception, be inadmissible in any such civil proceeding brought under state law.
The provisions of this section shall not apply to any such compliance review document if, after the receipt of a compliance review document from the compliance review supervisor, the board of directors or trustees of the bank:
(a) fails to take appropriate corrective action, unless a reasonable good faith determination has been made in writing by said directors that such action is not required; or
(b) voluntarily discloses all or any part of the details or conclusions of said compliance review document to an applicant or to the public, or otherwise uses the same as a defense to charges that the bank has violated any fair lending law; provided, however, that the disclosure to an applicant or to the public that the bank has a self testing program in existence or the release of said compliance review document to the commissioner or the bank's primary federal regulator shall not be deemed to be a voluntary disclosure for this purpose.
The provisions of this section shall not apply to any information required by law or regulation to be maintained by or provided to a governmental agency while such information is in the possession of such agency to the extent that applicable law authorizes or requires its disclosure.
Nothing in this section shall be construed so as to limit the discovery or admissibility into evidence in any civil action of documents that have not been certified as compliance review documents.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 167 - Supervision of Banks
Section 1a - Rules and Regulations
Section 2 - Examination of Banks
Section 2b - Investigation of Unfair Practices
Section 2c - Proceedings Regarding Unfair Practices; Notice; Hearing
Section 2d - Unfair Practices; Findings; Cease and Desist Orders; Penalty; Modification of Order
Section 2e - Review of Cease and Desist Orders; Civil Liability
Section 2f - Violations of Cease and Desist Orders; Penalties
Section 2g - Penalties for Unfair Practices; Enforcement
Section 2i - Compliance With Federal Laws and Regulations
Section 2j - Confidentiality of Information Provided in Applications Filed With Commissioner
Section 4 - Summoning and Examination of Bank Officers
Section 5 - Request for Bank Examination
Section 7 - Statements and Reports Required by Commissioner or by Law
Section 8 - Failure to Make or Amend Return, Statement or Report
Section 9 - Destruction or Disposal of Records, etc.; Payment of Proceeds
Section 10 - Reports of Fraud, Embezzlement or Misconduct by Bank Officers or Employees
Section 11 - Shortages in Funds; Reports; Fine
Section 12 - Misconduct by Bank Officers; Suspension; Removal
Section 12a - Criminal Charges Against Bank Officers; Suspension or Removal From Office
Section 14a - Mortgage Review Boards; Members; Terms; Appointment; Meetings; Rules and Regulations
Section 15 - Annual List to Investment Committee of Banks Meeting Local Community Needs
Section 15a - Annual List of Legal Investments
Section 15f - Investment in Bonds of Company Engaged in the Business of Furnishing Telephone Service
Section 15h - Investment in Common Stock of Banking Corporations and Bank Holding Companies
Section 15k - Classes of Securities in Which Entity May Invest
Section 18 - Appraisal of Real Estate in Case of Excessive Loan
Section 19 - Losses of Bank Exceeding Surplus and Other Reserve Accounts
Section 21a - Assent to and Participation in Bank Reorganization by Government Officers
Section 22 - Taking Possession of Property and Business of Bank by Commissioner
Section 23 - Notice of Taking Possession of Bank by Commissioner
Section 25 - Prosecution and Defense of Suits and Other Legal Proceedings; Sales of Property
Section 26a - Assistance of Federal Agency as Liquidating Agent; Notice Requirements
Section 27 - Inventory of Bank Assets
Section 28 - Notice to Claimants; Claims Presented
Section 29 - List of Claims Presented
Section 30 - Fees and Expenses
Section 31 - Dividends; Objections to Claims
Section 31a - Dividend Payments to Minors; Disposition of Accounts of Decedents
Section 32 - Property Deposited With Bank; Disposition
Section 33 - Bank Aggrieved by Action of Commissioner; Application for Injunction
Section 34 - Stockholders' Meeting
Section 35 - Unclaimed Dividends and Funds
Section 35a - Destruction of Books, Records, Etc. Concerning Bank and Liquidation Thereof
Section 35b - Reports on Banks in Possession of Commissioner
Section 36 - Equity Jurisdiction of Supreme Judicial Court
Section 37 - Unauthorized Banking
Section 37a - Examination of Accounts, Books and Papers to Determine Violation of Sec. 37
Section 37b - Student Bank Programs
Section 40a - Registration With Commissioner; Reports
Section 41 - Access to Vaults, Books and Papers; Summoning Witnesses; Administering Oaths
Section 42 - Insolvent Foreign or Out-of-State Banks; Injunction
Section 46 - Honoring and Cashing of Pensioners' and Retirees' Checks
Section 48 - Financing of Premises Containing Lead in Paint, Plaster or Materials
Section 49 - Definitions Applicable to Secs. 49 to 51