Subdivision 1. Department records. The commissioner of commerce shall keep all proper records and files pertaining to the duties and work of that office.
Subd. 2. Confidential records. The commissioner shall divulge facts and information obtained in the course of examining financial institutions under the commissioner's supervision only when and to the extent required or permitted by law to report upon or take special action regarding the affairs of an institution, or ordered by a court of law to testify or produce evidence in a civil or criminal proceeding, except that the commissioner may furnish information as to matters of mutual interest to an official or examiner of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Federal Office of Thrift Supervision, the Federal Home Loan Bank System, the National Credit Union Administration, comptroller of the currency, other state bank supervisory agencies subject to cooperative agreements authorized by section 49.411, subdivision 7, the United States Small Business Administration, for purposes of sections 53.09, subdivision 2a, and 56.10, subdivision 1, or state and federal law enforcement agencies. The commissioner shall not be required to disclose the name of a debtor of a financial institution under the commissioner's supervision, or anything relative to the private accounts, ownership, or transactions of an institution, or any fact obtained in the course of an examination thereof, except as herein provided. For purposes of this subdivision, a subpoena is not an order of a court of law. These records are classified confidential or protected nonpublic for purposes of the Minnesota Government Data Practices Act and their destruction, as prescribed in section 46.21, is exempt from the provisions of chapter 138 and Laws 1971, chapter 529, so far as their deposit with the state archives.
Subd. 3. Complaint files. Notwithstanding the provisions of subdivision 2 to the contrary, data gathered and maintained in relation to a complaint filed with the commissioner is private or nonpublic pursuant to the Minnesota Government Data Practices Act.
(5326) 1909 c 201 s 7; 1921 c 250 s 1; 1955 c 847 s 6; 1967 c 102 s 1; 1969 c 1129 art 4 s 8; 1971 c 9 s 1; 1982 c 473 s 2; 1983 c 250 s 2; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1Sp1985 c 13 s 176,177; 1986 c 444; 1987 c 349 art 1 s 2; 1992 c 587 art 1 s 5; 1997 c 157 s 5
Structure Minnesota Statutes
Chapter 46 — General Banking Powers
Section 46.04 — Regulatory Authority Of Commissioner.
Section 46.041 — Bank Applications.
Section 46.042 — Notice And Hearing, When Not Given.
Section 46.044 — Bank Charters.
Section 46.045 — Mandatory Insurance Of Accounts.
Section 46.048 — Notice Of Proposed Acquisition.
Section 46.05 — Supervision Over Financial Institutions.
Section 46.06 — Refusal To Obey Directions Of Commissioner.
Section 46.10 — Penalty For Violation.
Section 46.11 — Examiners' Districts.
Section 46.12 — Reports Of Examiners.
Section 46.131 — Assessments And Fees For Financial Institutions.
Section 46.14 — Examiners' Powers Enlarged.
Section 46.17 — Salary Of Examiner In Charge Of Liquidation.
Section 46.21 — Destruction Of Certain Records.
Section 46.23 — Unsafe Practices; Definitions.
Section 46.24 — Cease And Desist Proceedings; Injunctive Relief.
Section 46.26 — Violations By Directors, Trustees, Or Officers.
Section 46.29 — Board Of Directors Or Trustees, Lack Of Quorum, Temporary Directors Or Trustees.
Section 46.30 — Hearings, Decision; Review, Modification, Termination Or Stay Of Orders.
Section 46.31 — Enforcement Of Notices Or Orders.
Section 46.32 — Violation Of Notice Or Final Order; Criminal Penalty.
Section 46.33 — Manner Of Service; Copies To Federal Authorities; Cease And Desist Orders.
Section 46.34 — Certain Securities Deposited With The Commissioner Of Management And Budget.