Chapter 9 — BANKS AND BANKING; TRUST COMPANIES

[Repealed or reserved.]

9-1201. Application. All of the provisions contained within article 12 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto, shall extend and apply to any national or state chartered bank that has a main office or branch in this state. History: L. 1947, ch. 102, …

9-1204. Methods to withdraw deposits; deposits of minors; safe deposit box lease. (a) Any person, regardless of age, may become a depositor in any bank and shall be subject to the same duties and liabilities respecting such person's deposits. Whenever a deposit is accepted by any…

9-1205. Joint accounts. Deposits may be made in the names of two or more persons, including minors, and funds on deposit may be paid to any or all of the joint owners under the terms of the deposit contract. Payment to a joint owner in accordance with the terms of the deposit con…

9-1206. Set off. Any bank shall have the right to set off any obligation or claim which it has, when the same is matured against any depositor. History: L. 1947, ch. 102, § 55; June 30. Law Review and Bar Journal References: "Creditor Setoffs in Business Reorganization and Relief…

9-1207. Adverse claim to deposit. An adverse claim to a bank deposit does not need to be paid out by the bank, unless and until either the: (a) Person making the claim supplies indemnity deemed adequate by the bank; or (b) bank is served with process or order issued by a court of…

9-1208. History: L. 1947, ch. 102, § 57; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Bank has until midnight of next business day after receipt and acceptance of draft on depositor's account to refuse payment. First National Bank in Dodge City v. Kelle…

9-1209. History: L. 1947, ch. 102, § 58; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. Source or prior law: 9-171. CASE ANNOTATIONS 1. Liability of bank for forged checks determined; section construed and applied. Herbel v. Peoples State Bank, 170 Kan. 620, 625, 228 P.2d 92…

9-1210. History: L. 1949, ch. 111, § 1; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Bank has until midnight of next business day after receipt and acceptance of draft on depositor's account to refuse payment. First National Bank in Dodge City v. Keller…

9-1211. History: L. 1949, ch. 111, § 2; L. 1953, ch. 53, § 1; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Bank has until midnight of next business day after receipt and acceptance of draft on depositor's account to refuse payment. First National Bank i…

9-1212. History: L. 1949, ch. 111, § 3; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance D…

9-1213. Payment of drafts of failed or closed banks. When any drawee bank shall be presented with a draft drawn on the drawee bank in the usual course of business by a drawer bank that has failed or been closed by operation of law or legal action, the drawee bank shall accept and…

9-1214. Payment of drafts of failed or closed banks; release from liability. Any drawee bank paying a draft under the circumstances set out in K.S.A. 9-1213, and amendments thereto, shall be released from any further liability thereon, and shall be fully protected and held harmle…

9-1215. Payable on death accounts. (a) Subject to the provisions of this section, an individual owner of an account may enter into a written contract with any bank located in this state that provides that at the time of the owner's death, the balance of the owner's legal share of…

9-1216. History: L. 1979, ch. 177, § 2; L. 1984, ch. 51, § 2; L. 1989, ch. 48, § 36; L. 1992, ch. 150, § 2; L. 2002, ch. 114, § 48; L. 2014, ch. 115, § 4; L. 2015 ch. 42, § 2; Repealed, L. 2015, ch. 100, § 17; July 1. Law Review and Bar Journal References: "Will Substitutes in Ka…

9-1301. Deposit insurance; surety bond. Every bank operating under the provisions of the state banking code and authorized to receive deposits of money shall insure the deposits of each depositor with the federal deposit insurance corporation, or its successor. State banks may pu…

9-1301a. History: L. 1975, ch. 45, § 3; L. 1988, ch. 356, § 39; L. 1989, ch. 48, § 38; Repealed, L. 2015, ch. 38, § 151; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sessio…

9-1302. Subrogation upon payment by insurer of deposits. When the federal deposit insurance corporation or its successor or other insurer insuring the deposits of any bank shall pay, or make available for payment, the insured deposit liabilities of any bank the insurance company …

9-1303. History: L. 1947, ch. 102, § 61; L. 1975, ch. 44, § 23; L. 1975, ch. 45, § 5; L. 1985, ch. 56, § 4; L. 1987, ch. 54, § 7; L. 1995, ch. 17, § 1; L. 2001, ch. 35, § 1; L. 2005, ch. 19, § 1; Repealed, L. 2015, ch. 38, § 151; July 1. Source or prior law: 9-604. Attorney Gener…

9-1304. Closed banks may borrow from or sell to federal insurance corporation. (a) Upon the approval of the commissioner, the receiver or liquidator or the board of directors of any bank which may be closed because of the bank's inability to meet the demands of its depositors may…

9-1401. Designation of depositories for public funds; duty of public officers; agreements. (a) The governing body of any municipal corporation or quasi-municipal corporation shall designate by official action recorded upon the governing body's minutes the banks, savings and loan …

9-1402. Securing the deposits of public funds. (a) Before any deposit of public moneys or funds shall be made by any governmental unit of the state of Kansas with any bank, savings and loan association or savings bank, such governmental unit shall obtain security for such deposit…

9-1402a. History: L. 1947, ch. 102, § 64; L. 1965, ch. 76, § 1; L. 1968, ch. 236, § 1; L. 1970, ch. 63, § 1; L. 1973, ch. 48, § 1; L. 1976, ch. 79, § 1; L. 1978, ch. 45, § 1; L. 1980, ch. 47, § 1; L. 1982, ch. 52, § 2; L. 1983, ch. 49, § 17; L. 1983, ch. 47, § 3; L. 1983, ch. 49,…

9-1403. Securities for deposits of public funds; exemption during peak deposits. (a) During the periods of peak deposits occurring at tax paying time and tax distributing time and continuing for a period of not to exceed 60 continuous days at any given time and not to exceed 120 …

9-1404. History: L. 1947, ch. 102, § 66; Repealed, L. 1967, ch. 447, § 31; June 1. Source or prior law: 9-305. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archiv…

9-1405. Deposit of securities, security entitlements and financial assets in securities account; written custodial agreement; receipt. (a) All bonds and securities given by any bank, savings and loan association or savings bank to secure public moneys of the United States or any …

9-1406. Exemption from liability for loss by official depository. No public officer nor the sureties upon such officer's bond shall be liable for any loss sustained by the failure or default of any designated depository or depositories after a deposit or deposits have been made i…

9-1407. Exemption of security for insured portion of public deposits; reciprocal deposit programs. (a) That portion of any deposit of public moneys or funds which is insured by the federal deposit insurance corporation, or its successor, need not be secured as provided in article…

9-1408. Definitions. As used in article 14 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto: (a) "Branch" means any office within this state or another state, other than the main office, that is approved as a branch by a federal or state supervisory agency an…

9-1409. Securing deposits of public moneys of out-of-state governmental units; when. A Kansas state bank may pledge any of the bank's assets as collateral or otherwise secure the deposits of public money for governmental units located in another state where the Kansas state bank …

9-1410. Public moneys pooled method of investment; requirements, conditions and limitations; duties of the state treasurer and administrator; rules and regulations; statements; required reports; failure to meet statutory requirements; fines and sanctions. (a) For purposes of K.S.…

9-1411. Duties of administrator in the event of a default; liquidation of securities; delegation to federal deposit insurance agency. (a) When the administrator determines that a bank, savings and loan association or savings bank has experienced a default, the administrator shall…

9-1412. Reports required by a bank, savings and loan association or savings bank and the administrator upon request of a governmental unit. (a) A bank, savings and loan association or savings bank, upon the request of a governmental unit, shall report as of the date of such reque…

9-1501. Authority to keep and maintain safe deposit boxes. Any bank, trust company or safe deposit corporation may maintain safe deposit boxes and rent the same for consideration. The bank, trust company or safe deposit corporation shall prescribe the hours of entry into its safe…

9-1502. Legal relationship between renter and bank. The relationship between any such bank, trust company or safe deposit company having and maintaining safe deposit boxes for public use and the user or users of such boxes shall be that of lessor and lessee, respectively. In the …

9-1503. Joint tenancy of safe deposit box; liability. Joint tenancy in and to a safe deposit box may be created by contract, with two or more persons named as lessees. The terms of the contract may provide that any one or more of the lessees, or the survivor or survivors of such …

9-1504. Death of lessee or lessees in joint tenancy; opening of box; disposition of contents. (a) In the event the sole lessee or all lessees in joint tenancy named in the lease agreement covering a safe deposit box rental shall die, the safe deposit box may be opened, forcibly i…

9-1505. Lessor to give information to public authority. Upon the death of any lessee of a safe deposit box and upon the request of the district court or the county clerk or the director of taxation for the state of Kansas, the lessor shall disclose whether a designated person was…

9-1506. Default of lessee; notice; disposition of contents. (a) The lessor shall have a lien upon the contents of any safe deposit box for the rental thereon. (b) The lessor may, after giving not less than 60 days' written notice to the lessee of such lessor's intention to enter …

9-1507. History: L. 1947, ch. 102, § 76; L. 1975, ch. 44, § 27; Repealed, L. 2015, ch. 38, § 151; July 1. CASE ANNOTATIONS 1. No landlord and tenant relationship where bank keeps box owned by depositor. Stewart v. Farmers State Bank, 173 Kan. 759, 760, 761, 762, 252 P.2d 624. 2. …

9-1601. Application and authority to act as trust company; exemptions. (a) Any bank, upon the affirmative vote of at least 2/3 of the voting stock, may apply to the commissioner for approval to conduct trust business. If approval is granted by the commissioner, a special permit s…

9-1602. Revoking trust authority. (a) The commissioner may revoke trust authority for any bank or trust company upon finding a failure to adhere to sound fiduciary practices. (b) If the commissioner revokes the trust authority of a bank, the bank shall have the right to a hearing…

9-1603. Assets held in fiduciary capacity segregated; records; security of funds. (a) As soon as any bank shall exercise any trust authority, it shall segregate all assets held in any fiduciary capacity and shall keep a separate set of books and records showing in proper detail a…

9-1604. Liquidation, termination of trust business. Upon the affirmative vote of a majority of the outstanding voting stock, any bank having trust authority may terminate the bank's trust business. The termination of trust services shall be done in accordance with the Kansas unif…

9-1605. History: L. 1947, ch. 102, § 81; Repealed, L. 2015, ch. 38, § 151; July 1. Source or prior law: 9-101e. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

9-1606. History: L. 1947, ch. 102, § 82; L. 1965, ch. 77, § 2; Repealed, L. 2015, ch. 38, § 151; July 1. Source or prior law: 9-101f. Attorney General's Opinions: Banks and trust companies applications for charters. 83-73. Previous | Next LEGISLATIVE COORDINATING COUNCIL General …

9-1607. Appointment of nominee when acting as fiduciary; records. (a) Any bank or trust company, when acting as a fiduciary or a co-fiduciary with others and with the consent of its co-fiduciary or co-fiduciaries, if any, that are hereby authorized to give such consent, may cause…

9-1608. History: L. 1951, ch. 122, § 2; Repealed, L. 2015, ch. 38, § 151; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

9-1609. Fiduciary may establish collective investment funds. (a) Any bank or trust company authorized to act as fiduciary may establish collective investment funds for the purpose of furnishing investments to: (1) Such bank or trust company as fiduciary; (2) such bank or trust co…

9-1610. History: L. 1951, ch. 123, § 2; Repealed, L. 2015, ch. 38, § 151; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…