Chapter 9 — BANKS AND BANKING; TRUST COMPANIES

9-1911. Receiver may borrow money. The receiver of any insolvent bank or trust company may borrow money and pledge the assets of such insolvent bank or trust company but only upon prior written approval of the commissioner. History: L. 1947, ch. 102, § 119; June 30. Source or pri…

9-1912. History: L. 1947, ch. 102, § 120; L. 1986, ch. 59, § 1; Repealed, L. 2015, ch. 38, § 151; July 1. Source or prior law: 9-154. Cross References to Related Sections: Similar provision, see 9-2007. Attorney General's Opinions: Authority of FDIC as receiver of a failed bank. …

9-1913. History: L. 1947, ch. 102, § 121; Repealed, L. 1986, ch. 59, § 3; April 24. Source or prior law: 9-154. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

9-1914. History: L. 1947, ch. 102, § 122; L. 1978, ch. 347, § 2; Repealed, L. 2015, ch. 38, § 151; July 1. Source or prior law: 9-155. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived …

9-1914a. History: L. 1961, ch. 65, § 1; L. 1980, ch. 50, § 1; Repealed, L. 2015, ch. 38, § 151; July 1.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 Scho…

9-1915. Deposits or debts while insolvent; liability. It shall be unlawful for the president, director, managing officer, cashier or any other officer of any bank to agree to accept deposits, in an amount that would create an excess above the federal deposit insurance corporation…

9-1916. Same; action to enforce liability; evidence. In all actions brought for the recovery of any deposits received, in an amount that would create an excess above the federal deposit insurance corporation insured deposit amount, while any bank was insolvent or in failing circu…

9-1917. Undelivered funds due creditors, depositors and shareholders of defunct bank or trust company; duties of commissioner and state treasurer; undistributed assets of defunct institutions fund. On and after July 1, 1972, and in every case occurring heretofore and hereafter, i…

9-1918. Escheat and disposition of certain property in custody of commissioner; escheat. Whenever the state bank commissioner shall determine that property or assets held in the commissioner's custody and received as a result of the liquidation of any institution under the jurisd…

9-1919. Voluntary liquidation. (a) Upon the affirmative vote of a majority of the outstanding voting stock and approval of a liquidation plan by the commissioner, any bank may liquidate by paying in full all of the bank's depositors and creditors. Any bank desiring to voluntarily…

9-1920. Borrowing by liquidating bank. Upon the approval of the commissioner, the board of directors of any bank in the process of voluntary liquidation may borrow an amount not in excess of 100% of the bank's total deposit liabilities and may pledge the bank's assets. History: L…

9-1921. Sale of bank's assets as part of liquidation. As part of the liquidation plan as approved by the commissioner, any bank, for the purpose of liquidation, may sell all or any part of the bank's assets to any other bank, either state or national, and may receive in payment c…

9-2001. Failing to perform duty; penalty. Every officer, employee, director or agent of any bank or trust company who shall neglect to perform any duty required by the state banking code, or who shall fail to conform to any lawful requirement made by the commissioner, upon convic…

9-2002. Making false report, statement or entry in the books; penalty. Every officer, director, agent or employee of any bank or trust company doing business in the state of Kansas who willfully and knowingly subscribes to or makes any false report or any false statement or entry…

9-2003. History: L. 1947, ch. 102, § 127; L. 1989, ch. 48, § 56; Repealed, L. 2015, ch. 38, § 151; July 1. Source or prior law: 9-120. Cross References to Related Sections: Similar provisions as to certificate of authority, see 9-2016. Previous | Next LEGISLATIVE COORDINATING COU…

9-2004. Swear or affirm falsely as perjury; penalty. Every officer, director, agent or employee of a bank or trust company required by the state banking code to take an oath or affirmation, who shall willfully swear or affirm falsely, shall be guilty of perjury, and upon convicti…

9-2005. Neglect of commissioner or deputy; penalty. Any bank commissioner or deputy bank commissioner who shall willfully neglect to perform any duty provided for by the state banking code, or who shall knowingly and willfully permit the violation of any of the provisions of the …

9-2006. Receiving deposits after authority revoked; penalty. Any officer, director, employee or agent of any bank whose authority to transact a banking business has been revoked pursuant to the provisions of the state banking code, who shall receive or cause to be received any de…

9-2007. Violations by receiver; penalties. Any receiver of an insolvent bank or trust company, other than the federal deposit insurance corporation, or any successor, that fails to comply with the provisions of the state banking code, upon conviction shall be guilty of a class A,…

9-2008. Certified checks, drafts or orders in excess of amount on deposit. It shall be unlawful for any officer, director, employee or agent of any bank doing business pursuant to the provisions of the state banking code to certify any check, draft or order drawn upon the bank un…

9-2009. History: L. 1947, ch. 102, § 133; L. 1975, ch. 44, § 41; L. 1989, ch. 48, § 59; Repealed, L. 2015, ch. 38, § 151; July 1. Source or prior law: 9-123. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISO…

9-2010. Insolvent bank receiving deposits; penalty. No bank shall accept or receive on deposit, with or without interest, any money, bank bills or notes or United States treasury notes, gold or silver certificates or currency or other notes, bills, checks or drafts, when such ban…

9-2011. Unlawfully engaging in the banking or trust company business; authorization of commissioner required before engaging in the banking or trust business; criminal penalty. (a) It shall be unlawful for any individual, firm or corporation to advertise, publish or otherwise pro…

9-2012. Intent to injure or defraud; penalty. (a) It shall be unlawful for any shareholder, director, officer, employee or agent of any bank or trust company, with the intent to injure, defraud or deceive a bank or trust company, any agent appointed to examine the affairs of such…

9-2013. Unlawful to offer or solicit anything of value; penalty. (a) Except as provided in subsection (c), it shall be unlawful for: (1) Any person or corporation to give, offer or promise anything of value to any person, with the intent to influence or reward an officer, directo…

9-2014. Violation of act; commissioner or deputy to inform county or district attorney. It shall be the duty of the commissioner to inform the county or district attorney of the county in which the bank or trust company is located of any violation of any of the provisions of the …

9-2015. History: L. 1947, ch. 102, § 139; Repealed, L. 2015, ch. 38, § 151; July 1. Source or prior law: 9-405. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

9-2016. Unlawfully transacting banking or trust business; penalty. It shall be unlawful to transact a banking business or trust business without having first received a certificate from the commissioner. Any person violating the provisions of this section, either individually or …

9-2017. History: L. 1947, ch. 102, § 141; 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…

9-2018. Severability. If any provision of the state banking code, or the application thereof, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the state banking code that can be given effect without the invalid pr…

9-2019. Unlawful to obstruct examination; penalty. It shall be unlawful for any director, officer, employee or agent of a bank or trust company to alter, destroy, shred, mutilate, conceal, cover up or falsify any record with the intent to impede, obstruct, impair or influence any…

[Repealed or reserved.]

9-2101. History: L. 1989, ch. 48, § 1; L. 2015, ch. 38, § 142; Repealed, L. 2025, ch. 78, § 10; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Scho…

9-2102. Applicability of act. All trust companies, regardless of when incorporated, shall be organized and governed pursuant to the state banking code. History: L. 1989, ch. 48, § 2; L. 2015, ch. 38, § 143; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies…

9-2103. Powers of trust companies; limited purpose trust companies. (a) A trust company may exercise all powers necessary or incidental to carrying on a trust business, including, without limitation, all powers conferred upon a business corporation by the Kansas corporation code …

9-2104. Liability of holder of stock in a trust company. (a) No executor, administrator, conservator or trustee holding trust company stock shall be personally subject to any liability as stockholders in such trust company. (b) No person holding trust company stock as collateral …

9-2105. History: L. 1989, ch. 48, § 5; 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 US…

9-2106. History: L. 1989, ch. 48, § 6; L. 2002, ch. 8, § 1; 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…

9-2107. Authority for the contracting for trust services; definitions; notice filing; authority of commissioner; fees; examination; branches. (a) As used in this section: (1) "Contracting trustee" means any trust company, as defined in K.S.A. 9-701, and amendments thereto, any ba…

9-2108. Trust service office; establishment or relocation; application; exemptions. It is unlawful for any trust company to establish or operate a trust service office or relocate an existing trust service office except as provided herein. (a) As used in this section: "Trust serv…

9-2111. Prohibiting out-of-state entity to establish or operate trust facility; exceptions; requirements to do business. (a) Except as provided in K.S.A. 9-2107, and amendments thereto, no trust company, trust department of a bank, corporation or other business entity with a home…

9-2201. Definitions. As used in this act: (a) "Act" means the Kansas mortgage business act. (b) "Amount financed" means the net amount of credit provided to the consumer or on the consumer's behalf. The amount financed shall be calculated as provided in rules and regulations adop…

9-2202. Organizations, entities and individuals exempt from licensure. The following are exempt from the licensing requirements of this act: (a) Any bank, savings bank, trust company, savings and loan association, building and loan association, industrial loan company or credit u…

9-2203. License required to conduct mortgage business; mortgage business at remote locations, requirements; registration required for a loan originator; penalty; statute of limitations for prosecution. (a) Mortgage business shall only be conducted in this state by entities that a…

9-2204. Application for license for mortgage company; application for registration for loan originator; content; incomplete application. (a) Any person required to be licensed as a mortgage company pursuant to this act shall submit to the commissioner an application for the mortg…

9-2205. License or registration; renewal; fees, late fees, uses. (a) A license or registration shall become effective as of the date specified in writing by the commissioner. (b) Each license and registration shall expire on December 31 of each year. A license or registration sha…

9-2206. Application denied; application abandoned; appeal. (a) If the commissioner fails to issue a license or registration within 60 days or grant a renewal within 30 days after an application is deemed complete by the commissioner, the applicant may make written request for a h…

9-2207. Denial, suspension or revocation of license or registration; notice; disciplinary proceedings. (a) The commissioner may deny, suspend, revoke, or refuse to renew a license or registration issued pursuant to this act, if the commissioner finds, after notice and opportunity…

9-2208. Availability of evidence of licensure; providing notice of certain information to consumer; contents; advertising or solicitation disclosures. (a) Each licensee shall make available evidence of licensure in a way that reasonably assures recognition by consumers and member…

9-2209. Powers and duties of state bank commissioner; orders to appear before commissioner; other remedies available to consumers. (a) The commissioner may exercise the following powers: (1) Adopt rules and regulations as necessary to carry out the intent and purpose of this act …