Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.320.005 Finding.
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The legislature finds that, given the overlap of powers and products in the companies regulated, the consolidation of the agencies regulating financial institutions and securities into one department will better serve the public interest through more effective use of staff expert…
RCW 43.320.007 Regulatory reform—Findings—Construction—1994 c 256.
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(1) The legislature finds that the financial services industry is experiencing a period of rapid change with the development and delivery of new products and services and advances in technology.(2) The legislature further finds it in the public interest to strengthen the regulati…
RCW 43.320.010 Department created.
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A state department of financial institutions, headed by the director of financial institutions, is created. The department shall be organized and operated in a manner that to the fullest extent permissible under applicable law protects the public interest, protects the safety and…
RCW 43.320.011 Department of general administration and department of licensing powers and duties transferred.
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(1) All powers, duties, and functions of the *department of general administration under Titles **30, 31, 32, 33, and 43 RCW and any other title pertaining to duties relating to banks, savings banks, foreign bank branches, savings and loan associations, credit unions, consumer lo…
RCW 43.320.017 Collective bargaining agreements.
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Nothing contained in RCW 43.320.011 may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the expiration date of the current agreement or until the bargaining unit has been modified by action of t…
RCW 43.320.020 Director—Salary—Powers and duties—Examiners, assistants, personnel.
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The director of financial institutions shall be appointed by the governor and shall exercise all powers and perform all of the duties and functions transferred under RCW 43.320.011, and such other powers and duties as may be authorized by law. The director may deputize, appoint, …
RCW 43.320.030 Director—Qualifications—Conflicts of interest.
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A person is not eligible for appointment as director of financial institutions unless he or she is, and for the last two years before his or her appointment has been, a citizen of the United States. A person is not eligible for appointment as director of financial institutions if…
RCW 43.320.040 Director's authority to adopt rules.
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The director of financial institutions may adopt any rules, under chapter 34.05 RCW, necessary to implement the powers and duties of the director under this chapter.[ 1993 c 472 s 5.]
RCW 43.320.045 Director's duties—Dissemination of information.
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The director of financial institutions or the director's designee shall:(1) Disseminate information to the public concerning the laws regulating financial institutions of this state; and(2) Provide assistance to members of the public in obtaining information about financial produ…
RCW 43.320.050 Assistant directors—Divisions—"FDIC" defined.
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The director of financial institutions may appoint assistant directors for each of the divisions of the department and delegate to them the power to perform any act or duty conferred upon the director. The director is responsible for the official acts of these assistant directors…
RCW 43.320.060 Deputization of assistant to exercise powers and duties of director.
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The director of financial institutions shall appoint, deputize, and employ examiners and such other assistants and personnel as may be necessary to carry on the work of the department of financial institutions.In the event of the director's absence the director shall have the pow…
RCW 43.320.070 Oath of examiners—Liability for acts performed in good faith.
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Before entering office each examiner shall take and subscribe an oath faithfully to discharge the duties of the office.Oaths shall be filed with the secretary of state.Neither the director of financial institutions, any deputized assistant of the director, nor any examiner or emp…
RCW 43.320.080 Director to maintain office in Olympia—Record of receipts and disbursements—Deposit of funds.
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The director of financial institutions shall maintain an office at the state capitol, but may with the consent of the governor also maintain branch offices at other convenient business centers in this state. The director shall keep books of record of all moneys received or disbur…
RCW 43.320.090 Borrowing money by director, deputy, or employee—Penalty.
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(1) It shall be unlawful for the director of financial institutions, any deputized assistant of the director, or any employee of the department of financial institutions to borrow money from any bank, consumer loan company, credit union, foreign bank branch, savings bank, savings…
RCW 43.320.100 Annual report—Contents.
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The director of financial institutions shall file in his or her office all reports required to be made to the director, prepare and furnish to banks, savings banks, foreign bank branches, savings and loan associations, credit unions, consumer loan companies, check cashers and sel…
RCW 43.320.110 Financial services regulation fund.
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(1) There is created in the custody of the state treasurer a local fund known as the "financial services regulation fund" which shall consist of all moneys received by the divisions of the department of financial institutions, except as provided in subsection (2) of this section.…
RCW 43.320.115 Securities prosecution fund.
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(1) The securities prosecution fund is created in the custody of the state treasurer and shall consist of all fines received by the division of securities under RCW 21.20.400(2), 21.20.110, and 21.20.395 and all undistributed funds from orders of disgorgement and restitution unde…
RCW 43.320.140 Mortgage lending fraud prosecution account—Created.
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(1) The mortgage lending fraud prosecution account is created in the custody of the state treasurer. All receipts from the surcharge imposed in RCW 36.22.181, except those retained by the county auditor for administration, must be deposited into the account. Except as otherwise p…
RCW 43.320.150 Financial literacy and education programs.
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The director of financial institutions or the director's designee may establish, administer, and implement financial literacy and education programs, including but not limited to:(1) Education and outreach programs that assist Washington citizens of all ages in understanding savi…
RCW 43.320.1501 Financial literacy—Report to governor and legislature.
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The director or his or her designee shall convene an interagency work group to identify current state-funded efforts to support financial literacy, assess whether there are opportunities to create a centralized location of information regarding these existing state efforts, and t…
RCW 43.320.180 Review of retirement account products proposed for inclusion in the Washington small business retirement marketplace.
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The department of financial institutions, annually, or upon request of the department of commerce, must review individual retirement account products proposed for inclusion in the Washington small business retirement marketplace to confirm that the products comply with the requir…
RCW 43.320.190 Confidential information—Public records act exemption.
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(1) Information provided to the department of financial institutions by an agency of another state or the federal government, or regulatory association comprised of members of financial regulatory agencies, to the extent such information is confidential or exempt from disclosure …
RCW 43.320.500 Financial institution service providers—Definitions.
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The definitions in this section apply throughout this section and RCW 43.320.510 through 43.320.560 unless the context clearly requires otherwise.(1) "Covered financial institution" means a bank as defined in section 3 of the federal deposit insurance act, 12 U.S.C. Sec. 1813(a),…
RCW 43.320.510 Financial institution service providers—Examination.
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(1) A service provider that provides a covered service, by contract or otherwise, to a covered financial institution, is subject to examination by the director to the same extent as if the covered service was performed by the covered financial institution itself.(2) The director …
RCW 43.320.520 Financial institution service providers—Reports of examination from other agencies.
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The director may, in the director's discretion, accept service provider reports of examination, which are made by any other state or federal agency, in lieu of any examination authorized under the laws of this state.[ 2022 c 49 s 3.]
RCW 43.320.530 Financial institution service providers—Confidentiality of reports of examination.
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A service provider report of examination written or obtained by the director is confidential and subject to the applicable state and federal bank confidentiality laws including, but not limited to, RCW 30A.04.075, 31.12.565, 32.04.220, and 33.04.110, provided that:(1) For any joi…
RCW 43.320.540 Financial institution service providers—Examination and information sharing agreements.
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The director may enter into examination and information sharing agreements with any state or federal agency that has joint or concurrent jurisdiction over a service provider.[ 2022 c 49 s 5.]
RCW 43.320.550 Financial institution service providers—Enforcement.
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(1) The director may take enforcement actions against a service provider for planning, attempting, or currently violating any state or federal law, or engaging in any unsafe or unsound practice, to the same extent, and as if, the covered service was performed by the covered finan…
RCW 43.320.560 Financial institution service providers—Power of director—Rule making.
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The director has the power, and broad administrative discretion, to administer and interpret RCW 43.320.500 through 43.320.550. The director may adopt all rules necessary to administer RCW 43.320.500 through 43.320.550.[ 2022 c 49 s 7.]
RCW 43.320.900 Effective date—1993 c 472.
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This act takes effect October 1, 1993.[ 1993 c 472 s 31.]