Chapter 9 — BANKS AND BANKING; TRUST COMPANIES

9-2325. Pilot program; requirements; fees; distributions; conversion to full charter; report to certain committees of the legislature. (a) On July 1, 2021, the commissioner shall: (1) Grant a conditional fiduciary financial institution charter to the Beneficient company upon the …

9-2326. Trust interest not void or invalid by any common law rule. Notwithstanding the provisions of K.S.A. 59-3401, and amendments thereto, no interest held in a fidfin trust shall be void or invalid by reason of any common law rule, including, but not limited to, the rule again…

9-2327. Tax classification as determined under the federal internal revenue code. Notwithstanding the provisions of K.S.A. 17-2035, and amendments thereto, for purposes of any tax imposed by the state or any instrumentality, agency or political subdivision of this state, a busine…

9-2401. Citation of act; entities exempt therefrom. (a) K.S.A. 2025 Supp. 9-2401 through 9-2416, and amendments thereto, shall be known and may be cited as the Kansas earned wage access services act. (b) This act shall not apply to a: (1) Bank holding company regulated by the fed…

9-2402. Definitions. As used in K.S.A. 2025 Supp. 9-2401 through 9-2416, and amendments thereto: (a) "Act" means the Kansas earned wage access services act. (b) "Commissioner" means the state bank commissioner or the commissioner's designee, who shall be the deputy commissioner o…

9-2403. Registration; application; fee. (a) No person shall engage in or hold such person out as willing to engage in any earned wage access services business with a consumer without registering with the commissioner. Any person required to be registered as an earned wage access …

9-2404. Surety bond. Each applicant or registrant shall file with the commissioner a surety bond in a form acceptable to the commissioner. Such surety bond shall be issued by a surety or insurance company authorized to conduct business in this state, securing the applicant's or r…

9-2405. Registrant requirements. A provider that is registered in the state of Kansas shall be subject to the following requirements: (a) The registrant shall provide all proceeds on a non-recourse basis and shall treat all fees and non-mandatory payments as non-recourse payment …

9-2406. Prohibited acts. No person required to be registered under this act shall: (a) Compel or attempt to compel repayment by a consumer of outstanding proceeds or payments owed by such consumer to the registrant through any of the following means: (1) A civil suit against the …

9-2407. Earned wage access services not considered to be a loan or money transmission; act controls in conflict with other state law. (a) For purposes of the laws of this state: (1) Earned wage access services provided by a registrant in accordance with this chapter shall not be …

9-2408. Annual report; confidentiality; reportable events; penalty for failure to report. (a) (1) On or before April 1 of each year, each registrant shall file with the commissioner an annual report relating to earned wage access services provided by the registrant in this state …

9-2409. Records retention; examination; expenses. (a) Each registrant shall maintain and preserve complete and adequate business records, including a general ledger containing all assets, liabilities, capital, income and expense accounts for a period of three years. (b) Each regi…

9-2410. Denial, suspension or revocation of registration. The commissioner may deny, suspend, revoke or refuse to renew a registration issued pursuant to this act if the commissioner finds, after notice and opportunity for a hearing conducted in accordance with the provisions of …

9-2411. Powers of the commissioner to administer the act; rules and regulations; fingerprinting and criminal history record check. (a) The commissioner shall administer the provisions of this act. In addition to other powers granted by this act, the commissioner, within the limit…

9-2412. Violations of act; notice and hearing; orders; penalties; hearings. (a) If the commissioner determines after notice and opportunity for a hearing pursuant to the Kansas administrative procedure act that any person has engaged, is engaging or is about to engage in any act …

9-2413. Failure to obey subpoena. (a) In case of failure or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the commissioner, may issue an order requiring such person to appear before the commissioner, or the commissioner'…

9-2414. Criminal penalties for violations. It is unlawful for any person to violate the provisions of this act, any rules and regulations adopted or any order issued under this act. A conviction for an intentional violation is a class A nonperson misdemeanor. A second or subseque…

9-2415. Actions to enjoin any violation of the act. The commissioner, attorney general or a county or district attorney may bring an action in a district court to enjoin any violation of this act or any rules and regulations adopted thereunder. History: L. 2024, ch. 64, § 57; Jul…

9-2416. Disposition of fees. All fees collected by the commissioner pursuant to this act shall be subject to the provisions of K.S.A. 75-1308, and amendments thereto. History: L. 2024, ch. 64, § 58; July 1. Cross References to Related Sections: Bank commissioner fee fund, see 75-…