(1) The banking board, the commissioner, and all deputies and employees of the division shall not divulge any information acquired by them in the discharge of their duties except insofar as disclosure may be rendered necessary or authorized by law, including section 11-102-305 (4).
(2) The banking board, the commissioner, and their designees may exchange information with the United States comptroller of the currency, the federal deposit insurance corporation, the board of governors of the federal reserve system, the consumer financial protection bureau, the federal home loan bank in which an institution is a member or is making an application to become a member, the executive director of the department of regulatory agencies, the division of financial services, and banking or financial institution regulatory agencies of other states or United States territories, subject to any confidentiality agreement entered into between the banking board or the commissioner and the United States comptroller of the currency, the federal deposit insurance corporation, the board of governors of the federal reserve system, the consumer financial protection bureau, regulatory agencies of other states or United States territories, or the federal home loan bank in which an institution is a member or is making an application to become a member. In addition, the banking board, the commissioner, and their designees may exchange information obtained by the banking board relating to:
Possible violations of the federal "Employee Retirement Income Security Act of 1974", 29 U.S.C. sec. 1001 et seq., with the federal department of labor or the executive director of the department of regulatory agencies;
Possible criminal violations of federal law relating to the activities of a federallyinsured institution with the federal bureau of investigation or the executive director of the department of regulatory agencies; and
The activities of money transmitters pertaining to compliance with federal moneylaundering and other financial crimes laws, including the "Bank Secrecy Act", the "Right to Financial Privacy Act of 1978", the "Money Laundering Control Act of 1986", and the "Annunzio-Wylie Anti-Money Laundering Act", with the United States secretary of the treasury or the secretary's designees.
The executive director of the department of regulatory agencies and the state commissioner of financial services and their deputies shall, before entering upon the discharge of their duties specified in this section, in addition to an oath required by the state constitution, take and subscribe an oath to keep secret all information acquired by them in the discharge of such duties, except as may otherwise be required by law. Willful violation of this oath shall be a criminal offense.
Notwithstanding any other provision of this article to the contrary, the commissioner,the deputies, and the members of the banking board may disclose any information in the records of the division of banking or acquired by them within the discharge of their duties that is publicly available from the federal deposit insurance corporation, the United States comptroller of the currency, the federal reserve system, or the consumer financial protection bureau and disclose information that has been specifically authorized by the board of directors of the bank to which such information relates. Nothing in this section authorizes the board of directors of a bank to waive any privileges that belong solely to the banking board, the division, or its employees.
Source: L. 2003: Entire article added with relocations, p. 1073, § 3, effective July 1. L. 2007: Entire section amended, p. 355, § 2, effective April 2; entire section amended, p. 596, § 7, effective July 1. L. 2008: (1) amended, p. 181, § 4, effective August 5. L. 2013: IP(2), (2)(c), and (4) amended, (SB 13-154), ch. 282, p. 1476, § 37, effective July 1. L. 2017: IP(2) amended, (HB 17-1218), ch. 156, p. 535, § 2, effective August 9.
Editor's note: (1) This section is similar to former § 11-2-111.5 as it existed prior to 2003.
(2) Amendments to this section by Senate Bill 07-101 and House Bill 07-1035 were harmonized.
Cross references: For the "Bank Secrecy Act", see Pub.L. 91-508; for the "Right to Financial Privacy Act of 1978", see Title XI of Pub.L. 95-630, codified at 12 U.S.C. § 3401 et seq.; for the "Money Laundering Control Act of 1986", see Title I, subtitle H, §§ 1351-1367 of Pub.L. 99-570; for the "Annunzio-Wylie Anti-Money Laundering Act", see Title XV of Pub.L. 102-550.