Chapter 9, BANKS AND BANKING; TRUST COMPANIES

9-589. Permissible investments. (a) The following investments are permissible under this section: (1) Cash, including demand deposits, savings deposits and funds in accounts held for the benefit of the licensee's customers in a federally insured depository financial institution a…

9-590. Suspension or revocation of license, reasons or circumstances therefor; notice and hearing. (a) The commissioner may, after notice and an opportunity for a hearing conducted in accordance with the Kansas administrative procedure act, K.S.A. 77-501 et seq., and amendments t…

9-591. Suspension or revocation of the designation of an authorized delegate, reasons or circumstances therefor. (a) The commissioner may issue an order suspending or revoking the designation of an authorized delegate, if the commissioner finds that the: (1) Authorized delegate v…

9-592. Issuance of cease and desist order by commissioner. (a) If the commissioner determines that a violation of this act or of any rules and regulations adopted or an order issued under this act by a licensee, a person required to be licensed or authorized delegate is likely to…

9-593. Consent order. (a) The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this act or any rules and regulations adopted or order issued under this act. A consent order shall be signed by the person to whom such consent o…

9-594. Criminal penalities for violations of the act. (a) Any person that intentionally makes a false statement, misrepresentation or false certification in a record filed or required to be maintained under this act or that intentionally makes a false entry or omits a material en…

9-595. Enforcement powers of the commissioner under a summary or consent order; informal agreements; confidentiality; fines. (a) As part of any summary order or consent order, the commissioner may: (1) Assess a fine against any person who violates this act or any rules and regula…

9-596. Severability of act. (a) The provisions of this act are severable. If any portion of the act is declared unconstitutional or invalid, or the application of any portion of the act to any person or circumstance is held unconstitutional or invalid, the invalidity shall not af…

9-701. Definitions. Unless otherwise clearly indicated by the context, the following words when used in the state banking code, for the purposes of the state banking code, shall have the meanings respectively ascribed to them in this section: (a) "Bank or state bank" means a bank…

9-801. Incorporation; application; criteria for approval of application. (a) No bank or trust company shall be organized or incorporated under the laws of this state nor transact either a banking business or a trust business in this state, until the application for such bank's or…

9-802. Date of existence; transaction of business before authorization. (a) The existence of any bank or trust company as a corporation shall date from the filing of the bank's or trust company's articles of incorporation with the Kansas secretary of state's office from which tim…

9-803. Renewal and extension of corporation; lapse in authority or existence. (a) Any bank or trust company with articles of incorporation that have lapsed, or hereafter shall lapse, may renew and extend the bank's corporate existence or the trust company's corporate existence in…

9-804. Certificate of authority; examination; issuance. (a) Upon approval of an application to organize a bank or trust company with the state banking board, such board shall cause to be made by and through the commissioner, a careful examination and investigation concerning: (1)…

9-806. Failure to engage in business; abandonement or expiration of application; reapplication required. (a) If the applicant fails to complete any application under the state banking code within 60 days after being notified that the application is incomplete, such application sh…

9-808. Stockholder vote for conversion to state bank or state trust company; application to commissioner; investigation; capital and name; stock for stock or property; powers continued; assets transferred; same entity; divesture of unauthorized assets and liabilities. (a) Any nat…

9-809. Stockholder vote for conversion to national bank; copy of application to commissioner. (a) Any state bank or state trust company may convert to a national bank, federal savings and loan association or federal savings bank upon the affirmative vote of not less than 2/3 of t…

9-811. Prohibition against nonbank banks; exceptions. No financial institution with deposits insured by the federal deposit insurance corporation shall conduct business in this state unless such institution: (a) Has the legal right to accept deposits that the depositor has the le…

9-812. Bank change of name; approval required. (a) No bank or trust company shall change its name until such name change has been submitted to and approved by the commissioner. (b) The commissioner shall not approve the name selected for the bank if it is the name of any other ba…

9-814. Change of place of business; application and approval process. (a) No bank or trust company organized under the laws of this state shall change the bank's or trust company's place of business, from one city or town to another or from one location to another within the same…

9-815. Expenses of examination or investigation; payment; disposition of moneys received. (a) Any applicant making application under article 8 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto, shall pay to the commissioner a fee in an amount established pursu…

9-816. Bankers' bank; application for organization. (a) As used in this section, "bankers' bank" means a state bank which is owned exclusively, except to the extent directors' qualifying shares are required by law, by other state banks, federally chartered banks or a one-bank hol…

9-817. Mutual banks; deposits and related powers. (a) Subject to the terms of its articles of incorporation and bylaws, and rules and regulations of the commissioner, a mutual bank may: (1) Raise funds through deposit, share or other accounts, including demand deposit accounts, h…

9-901a. Capital requirements. (a) For purposes of this section: (1) "Capital" means: (A) For a stock bank or trust company, the total of the aggregate par value of a bank's or trust company's outstanding shares of capital stock, its surplus and its undivided profits; and (B) for …

9-902. Par value of stock. (a) The common and preferred stock of any stock bank or trust company hereafter created shall be divided into shares of $1 each, or any whole number multiple thereof. All subscriptions to such stock shall be paid in cash and any bank or trust company ma…

9-903. Transfer of stock; report to commissioner. (a) The shares of stock of any stock bank or trust company shall be deemed personal property and shall be transferred on the books of the bank or trust company in such manner as the bylaws thereof may direct. (b) No transfer of st…

9-904. Reduction of capital stock, when. (a) With prior approval of the commissioner, a stock bank or trust company may reduce the amount of its capital stock account. No such reduction shall be approved unless the commissioner finds that: (1) The proposed reduction is necessary …

9-905. Increase of capital stock. The capital stock of any stock bank or trust company may be increased. The president and cashier shall forward a verified statement to the commissioner showing the amount of the increase, paid in full, the names and addresses of the subscribers a…

9-906. Restoration of impaired capital. (a) Whenever it shall appear that the capital stock of any stock bank or trust company is impaired, the commissioner shall notify the stock bank or trust company to restore the capital stock within 90 days of receipt of such notice. (b) For…

9-907. Delinquent stockholders; public or private sale of stock. (a) Whenever any stockholder of a stock bank or trust company or an assignee of such stockholder, fails to pay any assessment as required by K.S.A. 9-906, and amendments thereto, the directors of the bank or trust c…

9-908. Preferred stock. (a) Upon the affirmative vote of 2/3 of the voting shares of the common stock of a stock bank or trust company, and with the prior approval of the commissioner, a stock bank or trust company may issue preferred stock of one or more classes. The stockholder…

9-909. Preferred stock; rights and immunities of holders. The holders of preferred stock shall not be liable for assessments to restore any impairment in the capital stock of a bank or trust company. No dividends shall be declared or paid on common stock until all cumulative divi…

9-910. Dividends from capital stock prohibited; how current dividends paid. No dividends shall be paid from the capital stock account of a stock bank or trust company. The current dividends of any stock bank or trust company or of any mutual bank shall be paid from undivided prof…

9-911. Declarations of dividends. (a) The directors of any stock bank or trust company or of any mutual bank may declare cash dividends only from undivided profits. For a stock bank, before paying this dividend, the directors shall ensure that the surplus fund equals or exceeds t…

9-912. Surplus account; stock dividends from reduction. (a) Any losses sustained by a bank or trust company in excess of its undivided profits may be charged to its surplus fund. (b) Any stock bank or trust company, after receiving approval from the commissioner, may declare a st…

9-1101. General powers. (a) Any bank hereby is authorized to exercise by its board of directors or duly authorized officers or agents, subject to law, the following powers: (1) To receive and to pay interest on deposits. The commissioner, with approval of the state banking board,…

9-1101a. Issuance of capital notes or debentures, when; limitations. Upon approval of the stockholders owning ⅔ of the voting stock of the bank, the bank may issue convertible or nonconvertible capital notes or debentures in such amounts and under such terms and conditions as sha…

9-1102. Holding of real estate; limitations. (a) Any bank or trust company may own, purchase, lease, hold, encumber or convey real property, including any building or buildings necessary for the bank's or trust company's accommodation in the transaction of its business. Real prop…

9-1104. Limitation on loans and borrowing; determination of limits; compliance with section; definitions. (a) Definitions. As used in this section: (1) "Borrower" means an individual, sole proprietorship, partnership, joint venture, association, trust, estate, business trust, cor…

9-1107. Temporary borrowing by bank; limitation; exceptions. (a) Any bank may borrow an amount not to exceed 100% of the bank's capital stock and surplus for temporary purposes. The commissioner may authorize borrowing in excess of such limitation. (b) Any bank may borrow without…

9-1111. Branch banking; remote service units. (a) (1) The general business of every bank shall be transacted at the place of business specified in the bank's certificate of authority and at one or more branch banks established and operated as provided in this section. It shall be…

9-1111b. Applications for branch banks; examinations and investigation fee; disposition and use of fees. A bank making application to the commissioner for approval of a branch bank shall pay to the commissioner a fee, in an amount established pursuant to K.S.A. 9-1726, and amendm…

9-1112. Unlawful transactions. (a) No bank or trust company shall buy, sell or trade tangible property as a business or invest in the stock of another bank or corporation, except as specifically authorized. (b) Unless prior approval of the commissioner is granted, no bank or trus…

9-1114. Board of directors of bank or trust company; membership; meetings; notification to commissioner, when. (a) The business of any bank or trust company shall be managed and controlled by such bank's or trust company's board of directors. (b) The board shall consist of not fe…

9-1115. Officers of bank or trust company; election; term; bond; forfeiture of office. (a) The board of directors may elect a chairperson and shall elect a president from its members and shall elect one or more vice-presidents, a secretary and a cashier. The office of president a…

9-1116. Meetings of board; examination of records, funds and securities; minutes. (a) The board of directors shall hold at least four regular meetings each year, at least one of which shall be held during each calendar quarter. Minutes shall be made of each directors' meeting of …

9-1119. Certified checks, drafts or orders. No officer or employee of any bank shall certify any check, draft or order drawn upon the bank unless the maker or drawer of the instrument has moneys or funds equal to the amount of the check, draft or order on deposit with such bank a…

9-1121. Reproduction of records and papers; evidence. Any bank or trust company or savings and loan associations may cause any or all records, files, instruments, documents, or papers of any kind at any time in its custody, possession, or files to be reproduced by a nonerasable o…

9-1122. Closing of banks; business hours; emergencies. (a) As used in this section: (1) "Officers" means the person or persons designated by the board of directors of a bank or trust company to act for the bank or trust company in carrying out the provisions of this act or, in th…

9-1123. Bank service corporations; definitions. For the purposes of K.S.A. 9-1124 through 9-1127c, and amendments thereto: (a) The term "bank service company" means a corporation or limited liability company organized to perform services authorized by this act, all of the capital…

9-1124. Same; investment by banks; limitations. No limitation or prohibition otherwise imposed by any provision of state law exclusively relating to banks shall prevent any state bank or banks from investing not more than 10% of the paid-in and unimpaired capital and unimpaired s…