Oklahoma § 18-381.6

§ 18-381.6.

Repealed by Laws 1993, c. 183, § 73, eff. July 1, 1993.

Oklahoma Statutes - Title 18. Corporations

§18-381.6a. Records - Confidentiality.

A. The following records in the Oklahoma State Banking

Department are designated as public records:

1. All applications for association charters and branches and

supporting information with the exception of personal financial

records of individual applicants;

2. All records introduced at public hearings on association

charter and branch applications;

3. Information disclosing the failure of an association, a

foreign association and their branches in this state and the reasons

therefor;

4. Reports of completed investigations which uncover a shortage

of funds in an association or an out-of-state association and

branches of either, after the reporting of the shortage to proper

authorities by the State Banking Commissioner;

5. Names of all stockholders and officers of associations,

foreign associations, holding companies, and branches of foreign

associations located in this state filed in the office of the

Secretary of State; and

6. Regular financial call reports of associations.

B. All other records in the Department shall be confidential

and not subject to public inspection. However, the Commissioner

may, in the sole discretion of the Commissioner, divulge such

confidential information after receipt of a written request which

shall:

1. Specify the record or records to which access is requested;

and

2. Give the reasons for the request.

Such records may also be produced pursuant to a valid judicial

subpoena or other legal process requiring production, if the

Commissioner determines that the records are relevant to the hearing

or proceeding and that production is in the best interests of

justice. The records may be disclosed only after a determination by

the Commissioner that good cause exists for the disclosure. Either

prior to or at the time of any disclosure, the Commissioner shall

impose such terms and conditions as the Commissioner deems necessary

to protect the confidential nature of the record, the financial

integrity of any institution to which the record relates, and the

legitimate privacy of any individual named in such records.

Added by Laws 2000, c. 81, § 6, eff. Nov. 1, 2000.

§18-381.7a. Examinations – Reports by associations - Penalty.

A. 1. The State Banking Commissioner shall, at least every

eighteen (18) months or as often as the Commissioner deems

advisable, examine every association, and for the purpose of making

such examinations and special examinations, shall have full access

to all books, papers, securities, records and other sources of

Oklahoma Statutes - Title 18. Corporations

information under the control of the association. The Commissioner

shall make and file in the office of the Commissioner a report in

detail disclosing the results of such examination. The Commissioner

shall mail a copy of the report to the association examined.

However, the Commissioner may accept, in lieu of any three

consecutive association examinations, an examination of the

association by the Office of Thrift Supervision, if conducted within

a reasonable period of time, and if a copy of the examination is

furnished to the Commissioner.

2. The Commissioner may also accept any other report relative

to the condition of an association, which shall include joint or

concurrent examinations that may be obtained by the authorities

within a reasonable period, in lieu of such report authorized by the

laws of this state to be required of such association by the

Oklahoma State Banking Department, provided a copy of such report is

furnished to the Commissioner.

3. The Commissioner may enter into cooperative, coordinating

and information-sharing agreements with the Federal Deposit

Insurance Corporation, the Federal Home Loan Bank Board, or the

Office of Thrift Supervision with respect to the periodic

examination or other supervision of any association.

4. When requested in writing upon authority of the board of

directors or stockholders owning a majority of the capital stock of

any association, the Commissioner shall, if in the opinion of the

Commissioner such examination is desirable, make or cause to be made

an examination into the affairs and conditions of such association.

For such examination, the association shall pay the same fees as

provided for in subsection D of Section 381.15 of this title.

B. Every association shall make two reports each year.

Associations may be required to make more reports if called upon by

the Commissioner. All reports shall be according to the form which

may be prescribed by the Commissioner. The reports shall be

verified by the oath or affirmation of the president, cashier or

secretary of such association and attested by the signatures of at

least two of the directors. Each report shall exhibit, in detail

and under appropriate headings, the resources and liabilities of the

association at the close of business on any last day specified by

the Commissioner, shall be transmitted to the Commissioner within

thirty (30) calendar days after the call date, and may, at the

option of the association, be published at the expense of the

association in the same form in which it is presented to the

Commissioner. The Commissioner shall also have the power to request

special reports from any association whenever, in the judgment of

the Commissioner, such reports are necessary in order to gain a full

and complete knowledge of its condition. However, the reports

authorized and required by this section, to be requested by the

Commissioner, shall relate to a date prior to the date of such

Oklahoma Statutes - Title 18. Corporations

request and such prior date shall be specified in the request.

Additionally, the Commissioner may accept, in lieu of the reports

referred to in this section, reports made by associations that are

members of the Federal Home Loan Bank System on forms provided by

the Federal Home Loan Bank System.

C. Every association which fails to make and transmit any

report required pursuant to this section shall be subject to a

penalty, at the discretion of the Commissioner, not to exceed Fifty

Dollars ($50.00) for each day, after the specified period, that the

association delays to make and transmit its report. Whenever any

association delays or refuses to pay the penalty herein imposed for

a failure to make and transmit a report, the Commissioner is hereby

authorized to maintain an action in the name of the state against

the delinquent association for the recovery of such penalty, and all

sums collected by such action shall be paid into the State Treasury

to be credited to the General Revenue Fund.

D. The Commissioner may provide a form for the examinations and

reports set forth in this section. All examinations and reports

received by the Commissioner shall be preserved in the office of the

Commissioner for a period of not less than five (5) years. The

preservation may be in an electronic format, and paper copies or

originals need not be retained. Such examination, reports and all

other records of operating associations in the Department are to be

kept confidential, except as permitted by this act.

Added by Laws 2000, c. 81, § 7, eff. Nov. 1, 2000.