South Dakota Codified Laws
Chapter 02 - Division Of Banking
Section 51A-2-33 - Secrecy oath of commissioners, director and division officers and employees--Exceptions to secrecy requirements.

51A-2-33. Secrecy oath of commissioners, director and division officers and employees--Exceptions to secrecy requirements.
Before entering upon the discharge of his duties, each member of the commission, the director, and all officers and employees of the division shall take an oath to keep secret all facts and information obtained in the discharge of his official duties, except:
(1)As the public duty of such officer or appointee requires him to report upon or take special action regarding the affairs of any bank;
(2)Information with reference to a suspended bank which may be made public if, in the discretion of the director, it is to the best interests of the creditors thereof;
(3)If called as a witness in a court or before any committee of either house of the Legislature;
(4)The director or any of his appointees may disclose to the federal reserve board, the Federal Deposit Insurance Corporation, or the office of the comptroller of the currency, or the examiners appointed by them, all information with reference to the affairs of any state bank which is insured by the Federal Deposit Insurance Corporation, and to this end, the director, the federal reserve board, the Federal Deposit Insurance Corporation, and the office of the comptroller of the currency may exchange reports of examinations made by them;
(5)The director may disclose reports of examinations to other state banking agencies on a reciprocal basis. Five days prior to the release of such reports, the director shall inform the chief executive officer and board of directors of the bank whose report is being released of the director's intention to make the release and of the name of the agency to which the report will be released.
A violation of the oath is a Class 2 misdemeanor.

Source: SL 1909, ch 222, art 1, §7; SL 1911, ch 256, §7; SL 1915, ch 102, art 1, §7; SL 1917, ch 140, §3; RC 1919, §8923; SL 1919, ch 120; SL 1931, ch 89; SL 1935, ch 55; SDC 1939, §6.0203; SDCL, §51-2-12; SL 1969, ch 11, §2.23; SL 1980, ch 24, §83; SL 1981, ch 346, §17; SL 1988, ch 377, §48; SDCL, §51-16-33.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 51A - Banks and Banking

Chapter 02 - Division Of Banking

Section 51A-2-1 - Establishment of Division of Banking.

Section 51A-2-2 - Department and commission as division within Department of Labor and Regulation--Direction and supervision by department--Independent functions retained by division.

Section 51A-2-3 - Director of division--Vacancy--Qualifications.

Section 51A-2-4 - Director of division--Appointment and removal.

Section 51A-2-5 - Deputy director--Appointment--Powers and duties.

Section 51A-2-6 - Staff employees--Compensation--Dismissal--Background investigation.

Section 51A-2-7 - Appointment of State Banking Commission--Director as executive officer--Qualifications of members.

Section 51A-2-8 - Terms of commission members--Vacancies--Removal for cause.

Section 51A-2-9 - Chairman and secretary of commission--Per diem and expenses of members.

Section 51A-2-10 - Meetings of commission.

Section 51A-2-11 - Quorum--Replacement of nonparticipating member.

Section 51A-2-12 - Clerical, technical, and legal assistance for commission.

Section 51A-2-13 - Rules promulgated by commission.

Section 51A-2-14 - Rules granting additional authority to banks to promote competitive equality.

Section 51A-2-14.1 - State chartered banks granted powers allowed federally chartered banks.

Section 51A-2-14.2 - Restrictions on federally chartered banks apply to state chartered banks.

Section 51A-2-15 - Considerations of commission in making rules and regulations.

Section 51A-2-16 - Applications to organize or change control of bank, to merge, to open or close branch banks, or to change location.

Section 51A-2-17 - Forms of advertising.

Section 51A-2-18 - Examination of banks by director--Substitution for examination requirements.

Section 51A-2-19 - Subpoena power--Witness fees and mileage.

Section 51A-2-20 - Examination by director upon application by board--Fees and expenses.

Section 51A-2-21 - Order to prohibit stockholders' action pending judicial determination.

Section 51A-2-22 - Removal of director, officer, or employee of bank--Grounds for order by director.

Section 51A-2-23 - Review of removal order by commission.

Section 51A-2-24 - Accounting practices--Valuation of assets--Required practices to protect loans.

Section 51A-2-25 - Temporary order of director against unsound practice.

Section 51A-2-26 - Permanent order of commission against unsound practice.

Section 51A-2-27 - Injunctive relief.

Section 51A-2-28 - Seal of director.

Section 51A-2-29 - Record of fees--Disposition of money collected.

Section 51A-2-30 - Banking special revenue fund created--Disbursements.

Section 51A-2-31 - Copies of official records and papers in office of division--Evidentiary value--Fee for certified copy.

Section 51A-2-32 - Oaths and bonds of commissioners, director, deputy director, examiners and special examiners, and other division personnel.

Section 51A-2-33 - Secrecy oath of commissioners, director and division officers and employees--Exceptions to secrecy requirements.

Section 51A-2-34 - Interest in bank by division officers or employees prohibited--Relinquishment of interest by director or deputy for term of office.

Section 51A-2-35 - Records of division open to public inspection--Exceptions--Court order.

Section 51A-2-36 - Examination and supervision fees.

Section 51A-2-37 - Examinations of parent corporations by director--Penalty for refusal to allow examination.