Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XXV. BUSINESS AND FINANCIAL INSTITUTIONS |
CHAPTER 286. KENTUCKY FINANCIAL SERVICES CODE |
010. Repealed, 1960. [Repealed] |
020. Repealed, 1960. [Repealed] |
030. Repealed, 1960. [Repealed] |
040. Repealed, 1950. [Repealed] |
050. Repealed, 1946. [Repealed] |
060. Repealed, 1950. [Repealed] |
070. Repealed, 1960. [Repealed] |
080. Repealed, 1944. [Repealed] |
100. Renumbered as KRS 286.2-100. [Renumbered] |
105. Renumbered as KRS 286.2-105. [Renumbered] |
Subtitle 1. Office of Financial Institutions |
1-011. Department of Financial Institutions -- Functions -- Divisions within department -- Medium for filing applications and other documents. |
1-012. Appointment of commissioner -- Qualifications. |
1-013. Financial Institutions Board -- Duties. |
1-020. Duties of commissioner -- Seal -- Administrative regulations. |
1-025. Deputy commissioner -- Appointment -- Service as commissioner. |
1-440. Appointment of examiners -- Oath -- Restrictions on debt and stock ownership -- Contracts for services of agency's examiners. |
1-485. Disposition of fees collected under various KRS provisions. |
Subtitle 2. Financial Institutions Generally |
2-020. Required disclosure of services provided by Kentucky Homeownership Protection Center. |
2-030. Prohibition against improperly influencing a mortgage loan real estate appraisal. |
2-100. Definitions for KRS 286.2-100 to 286.2-680. |
2-105. Examination of contents of a decedent's safe deposit box to find will or funeral arrangements. |
2-670. Foreign financial institutions, activities deemed not transacting business in Kentucky. |
2-680. Foreign financial institutions, when not required to qualify as doing business -- Nexus requirement. |
2-685. Prohibition against use of certain banking-related words and characters or financial institution trademarks by unauthorized person -- Exceptions -- Enforcement and penalties. |
2-990. Civil penalty for violation of subtitle. |
Subtitle 3. Banks and Trust Companies |
3-010. Definitions for subtitle. |
3-020. Approval of application for charter -- Prerequisites to financial institution doing business under its charter. |
3-025. Prohibition against transacting business before issuance of charter. |
3-030. Limitation on right to engage in business -- Authorization for Kentucky chartered banks and subsidiaries to sell insurance -- Names to be used by branch offices. |
3-040. Who may organize -- Number of directors required. |
3-050. Organization to be approved by commissioner. |
3-060. Oath required of each director before transacting business and upon any election or reelection -- Oath to be filed with commissioner and subject to review. |
3-065. Duties of directors. |
3-070. Minimum capital stock required. |
3-080. Minimum capital and surplus required to begin business. |
3-090. Reduction of capital stock of bank or trust company to be approved by commissioner -- $2,500,000 in capital stock to be maintained. |
3-095. Change in control or certain loans to be reported to commissioner -- Contents of report. |
3-100. Investment of bank funds -- Property that may be held. |
3-102. Activities permitted to state bank receiving CAMELS rating of 1 or 2 -- Section not applicable to deferred deposit transactions or title pledge lending. |
3-103. Investment in property. |
3-105. Bank may acquire and hold personal property at request of customer -- Property deemed collateral. |
3-110. Investment of funds held in fiduciary capacity -- Capital stock liable for fiduciary obligations. |
3-115. Capital notes and debentures may be issued -- Conditions. |
3-135. Banker's bank authorized -- Limitations on holdings -- Issuance of charter. |
3-140. Amendment of articles and reorganization to engage in a trust business -- Consolidation -- Transfer of fiduciary account to affiliate. |
3-146. Out-of-state trust company doing business in Kentucky -- Scope of activities -- Fiduciary-related activities limited by reciprocity -- Evidence and notice to be provided to commissioner. |
3-150. Consolidation of trust companies -- Method and effect. |
3-160. State bank may reorganize as national bank. |
3-170. National bank may reorganize as state bank. |
3-172. Conditions of and procedure for conversion of national banking association to state bank or merger with state bank. |
3-173. Conversion of state bank to or merger with national banking association. |
3-174. Provisions of KRS 286.3-172 and 286.3-173 to constitute alternative method -- Legislative purpose declared. |
3-180. Banking business, where done -- Branch banks. |
3-183. Transfer of branches between commonly controlled banks. |
3-185. Change of location -- Approval by commissioner. |
3-187. Bank acting as agent of another financial institution -- Filing -- Commissioner's approval -- Scope of activities. |
3-190. Powers of banks. |
3-193. Bank holidays. |
3-199. Closing of banks -- Emergency. |
3-200. Certain banks may continue to act as fiduciaries. |
3-210. Powers of banks or trust companies. |
3-212. Deposit of securities with district federal reserve bank by bank acting as fiduciary or custodian for fiduciary -- Accounting and crediting of deposits. |
3-214. Rate of interest allowed on loans of $15,000 or less -- Trust company not to extend credit -- Exception. |
3-215. Authority to charge interest in advance -- Installment loans with interest in advance -- Exceptions -- Restrictions on installment loans. |
3-218. Definitions for KRS 286.3-219 and 286.3-220. |
3-219. Continuation of trust by corporate trustee -- Limitations -- Application. |
3-220. Corporate fiduciaries subject to laws governing individuals -- Security on bonds -- Ability to serve as trustee of multiple trusts with common or nonidentical beneficiaries. |
3-225. Appointment of a nominee by banking institutions acting in a fiduciary capacity. |
3-230. Common trust funds -- Consent of cofiduciary. |
3-235. Common trust fund not separate entity for tax purposes -- Circumstances when no gain or loss to be recognized. |
3-240. Real estate mortgage investment fund -- Participation certificates. |
3-250. Operation of real estate mortgage investment fund. |
3-260. Liquidation of investment fund. |
3-270. Fiduciary may act in own name -- Records -- Investments not subject to debts of fiduciary. |
3-272. Investment of fiduciary assets in company or trust associated with investing institution -- Fee. |
3-275. Limits on liability of bank or trust company acting as fiduciary. |
3-277. Standards for bank or trust company acting as fiduciary. |
3-280. Maximum debt of persons to bank or trust company. |
3-290. Exceptions to maximum debt to banks. |
3-300. Required reserves. |
3-310. Bank may own stock in federal reserve bank or Federal Deposit Insurance Corporation. |
3-320. Federal Deposit Insurance Corporation to be subrogated to rights against closed banks. |
3-330. Assets may be pledged or surety bonds provided as collateral security -- Security not required if deposit insured. |
3-340. Preferred stock. |
3-350. When dividends may be declared. |
3-375. Preservation of bank records. |
3-380. Deposits by minors. |
3-385. Educational loans to minors -- Validity. |
3-420. Repealed, 2010. [Repealed] |
3-450. Examination -- Procedure -- Agreement to examine and supervise branches -- Joint examination and enforcement actions. |
3-455. Commonwealth or its employees not liable for failure to disclose financial condition of bank or trust company. |
3-460. Duties of examiners. |
3-470. Information obtained by examination to be confidential -- Exceptions -- Reports as evidence. |
3-480. Fees to be paid commissioner for services. |
3-490. Reports to be made to commissioner -- Contents -- Information from officer, director, or board to commissioner. |
3-530. Examination of institutions in hands of receiver -- Reports of receivers. |
3-630. Transfer of assets to another bank -- Procedure -- Publication of notice. |
3-640. Relief to aggrieved shareholders. |
3-660. Annual report of commissioner. |
3-690. Cease and desist orders -- Orders of suspension or removal from office -- Appeal -- Enforcement of orders. |
3-695. Approval of state-chartered bank officers or directors required in certain instances. |
Revolving Credit Plans |
3-710. Definitions for KRS 286.3-720 to 286.3-770. |
3-720. Form and provisions of credit plan -- Disclosures. |
3-730. Billing cycle -- Payment of balance -- Payment of credit card charges. |
3-740. Finance charges -- Rate. |
3-750. Additional fees, charges and costs. |
3-760. Limitation on amount charged. |
3-765. "Credit card guaranty" defined -- Requirement to insure validity. |
3-770. Credit plans not invalidated. |
Adverse Claim to Deposit |
3-800. Recognition of adverse claim to a deposit. |
Loan Production Offices |
3-820. Operation of loan production office by bank. |
Receivers for Insolvent Banks |
3-850. Definitions. |
3-852. Applicability of KRS 286.3-850 to 286.3-884. |
3-854. Closing of bank by commissioner -- Written statement of grounds -- Appointment of receiver. |
3-856. Tender of appointment as receiver to FDIC. |
3-858. Vesting of assets in receiver. |
3-860. Notice of closing to be posted -- Effect. |
3-862. Powers and duties of receiver. |
3-864. "Preference" defined. |
3-866. Sale of assets by receiver -- Borrowing from FDIC by receiver. |
3-868. Claims procedure -- Publication -- Rejection of claim -- Petition to receivership court. |
3-870. Late claim's share in undistributed assets. |
3-872. Order of payment of claims. |
3-874. Rights of receiver under participation agreements. |
3-876. Receiver's election to reject a lease -- Effect. |
3-878. FDIC subrogated to rights of depositors. |
3-880. Receiver to appoint successor to bank's rights, assets, obligations. |
3-882. KRS 286.3-850 to 286.3-884 is exclusive procedure for appointment of receiver or liquidating agent. |
3-884. Destruction of closed bank's records. |
Acquisition of Banks |
3-900. Definitions of terms used in this section and KRS 286.3-905 -- Acquisition of in-state banks -- Limitations -- In-county merger or consolidation. |
3-905. Filing of application to acquire bank with commissioner -- Examination of applicant -- Cooperative agreements by commissioner to examine out-of-state bank or exchange confidential information. |
3-910. Illegal acquisitions. |
3-915. Bank combinations -- Operation of a combined bank as a branch of the surviving bank -- Transfer of combined bank's main office and branches -- Definitions. |
3-920. Interstate merger transactions -- Restrictions -- Combinations of commonly controlled banks -- Scope of activities of branch outside home state. |
Penalties |
3-990. Penalties. |
Subtitle 4. Consumer Loan Companies |
4-410. Definitions -- Application of subtitle. |
4-420. License required for finance companies -- Evidence of existing licenses. |
4-430. Form of application -- Contents. |
4-440. Application and license fees. |
4-450. Approval or rejection of application -- Time limit -- Appeal -- Hearing. |
4-460. License -- Contents -- Required display -- Change in place of business. |
4-470. Limitation on locations at which business may be conducted -- Construction of subtitle regarding types of loans. |
4-480. Duration of license -- Payment of annual fee. |
4-490. Revocation, suspension, surrender, and reinstatement of licenses -- Hearing. |
4-500. Written order of denial or revocation -- Right of appeal. |
4-520. Prohibited advertisements and statements. |
4-530. Basic, default and deferment charges -- Prohibition against division of loan and excessive charges. |
4-533. Authorized charges for extension of credit. |
4-535. Closing costs collectible when liens on real estate taken as security. |
4-540. Duties of licensee. |
4-550. Time of installment payments. |
4-560. Insurance. |
4-570. Wage purchases -- Assignment of compensation. |
4-580. Prohibited conduct. |
4-590. Licensee to make annual report. |
4-600. Licensee's records. |
4-610. Commissioner's power to issue regulations and examine licensees. |
4-613. Effect of conformity with notice, opinion, or interpretation of commissioner. |
4-615. Commonwealth or its employees not liable for failure to disclose financial condition of consumer loan company. |
4-620. Public policy relating to loans of $15,000 or less -- Loans outside state. |
4-630. Review of commissioner's rulings. |
4-640. Effect of future amendment of this subtitle. |
4-991. Penalties. |
Subtitle 5. Savings and Loan Associations |
5-005. Title of law. |
5-011. Definitions. |
5-021. Who may incorporate -- Procedure. |
5-022. Former corporations deemed incorporated under this law -- Effect on rights -- Severability. |
5-024. Proof by existing association of federal insurance or private insurance meeting minimum standard -- Effect of noncompliance. |
5-025. Insurance requirement for certificate of incorporation. |
5-031. Commissioner to investigate -- Objections -- Approval -- Certificate issued -- Filing. |
5-041. Name of association -- Use of terms in name prohibited -- Injunction. |
5-051. Office -- Located where -- Change of name or location. |
5-061. Branch offices -- Limits on establishment. |
5-071. Corporate existence begins -- When. |
5-081. General powers of association. |
5-091. Books and records of association -- Reproductions. |
5-101. Right to manage property to avoid loss. |
5-111. Associations exempt from security sale regulations. |
5-121. Publication of financial statement. |
5-131. Annual report of association. |
5-141. Bond of incorporators -- Conditions. |
5-151. Minimum number of shares of capital stock -- Issuance. |
5-161. Expense fund created -- Amount -- Repayment. |
5-171. Reserve fund -- Creation -- Charges -- Credits. |
5-181. Organization meeting held when. |
5-191. Forfeiture of charter on failure to commence business. |
5-201. Annual meetings -- Who may vote -- Quorum. |
5-211. Board of directors -- Qualifications -- Election -- Vacancies, filled, how. |
5-221. Bond of officers or employees handling money. |
5-225. Loan to director, officer, employee, or attorney prohibited -- Exceptions. |
5-231. Liability of officer or agent for fraud or neglect. |
5-241. Association interest does not disqualify officer taking acknowledgment. |
5-251. Acceptance of gratuity for action, a misdemeanor. |
5-261. Liability of association to members -- Members not liable for losses. |
5-271. Inspection of books -- Records confidential -- Exception. |
5-281. Membership, withdrawal, fees -- Fines. |
5-291. Savings accounts, how held -- Transfers. |
5-301. Issue of stock on installment basis -- Issuance for loan purposes -- Maximum holding. |
5-311. Lost or destroyed books, duplicates. |
5-321. Redemption of savings accounts -- Limitation on claims. |
5-331. Withdrawal of shares -- Payment for, when made -- Withdrawals by borrowing members. |
5-341. Enforced withdrawal. |
5-351. Matured shares. |
5-361. Payment of withdrawals and accounts. |
5-371. Dividends paid, when. |
5-381. Savings accounts of minors. |
5-391. Joint savings accounts. |
5-401. Accounts of fiduciaries -- Voting powers -- Payments to beneficiaries. |
5-411. Payments of account, foreign fiduciary. |
5-421. Recognition of attorney-in-fact. |
5-431. Investments by fiduciaries, charitable and financial institutions authorized. |
5-435. Association as trustee -- Compensation -- Records. |
5-441. Real estate loans, requirements -- Purposes for which made -- Additional payments. |
5-451. Loans on direct reduction plan -- Pledge of stock on loan -- Interest rate -- Property improvement loans -- Participation with other lenders -- Condition for making uninsured loans. |
5-461. Compliance with federal law or regulations required for property improvement loans or mobile home loans. |
5-471. Loans under Servicemen's Readjustment Act. |
5-481. Repayment of loans -- Credit value of borrower's shares -- Retention of shares. |
5-491. Default in payment of dues -- Fine -- Forfeiture of shares -- Payments in advance. |
5-501. Payment of expenses of loan -- Payments in lieu. |
5-511. Priority of members for loans -- Investments -- Compensation for loans prohibited -- Loan statement. |
5-521. Limits on power to borrow money. |
5-531. Acquisition and ownership of real estate. |
5-541. Acting as fiscal agent of U. S. |
5-551. Consolidation of associations. |
5-561. Federal savings and loan association, consolidation with or conversion into. |
5-571. Resolution of consolidation or conversion to be filed with commissioner. |
5-581. Consolidation or merger with federal association procedure -- Continuation with state association. |
5-591. Transfer of property to federal association -- Rights of creditors. |
5-601. Federal charter to be recorded -- Evidence. |
5-611. Conversion of federal association to state association -- Procedure. |
5-621. Reorganization or voluntary liquidation. |
5-631. Meeting of members -- How called -- Notice. |
5-641. Exhibit of affairs to be printed and filed. |
5-651. Voting -- Adoption of resolution to reorganize or liquidate. |
5-661. Foreign associations prohibited -- Exceptions. |
5-680. Status of federal savings and loan associations -- Powers. |
5-690. Commissioner and examiners to have no interest in association. |
5-700. Powers of commissioner -- Form of orders. |
5-702. Commissioner's power to make administrative regulations and orders. |
5-705. Commissioner may authorize state associations to be competitive with federal associations. |
5-710. Examination of associations -- Report -- Information confidential. |
5-720. Federal examinations may be accepted -- Extra examination -- Powers of examiners. |
5-730. Filing fee for reports -- Examination fees. |
5-740. Violations of law or regulation -- Ordered discontinued -- Enforcement. |
5-750. Conservator appointed -- When -- Procedure. |
5-760. Receiver appointed when -- Federal agency as receiver -- Procedure. |
5-770. No receiver or conservator for solvent association. |
5-780. Declaratory judgment action as to rights. |
5-790. Annual report of commissioner. |
5-800. Advertising as insured institution restricted -- Penalty -- Injunction. |
5-805. Passbook notice required of federally uninsured association. |
5-810. Injurious statements about associations -- Penalty. |
5-850. "Credit card guaranty" defined -- Requirement to insure validity. |
Acquisition of Savings and Loan Associations |
5-900. Definitions. |
5-905. Acquisition of one or more associations wherever located -- Limitations -- Acquisition by out-of-state associations -- Merger or consolidation. |
Penalties |
5-991. Penalties. |
Subtitle 6. Credit Unions |
6-005. Definitions. |
6-012. Administrative hearing request. |
6-015. Organization procedure. |
6-025. Form of articles and bylaws. |
6-035. Amendment of articles of incorporation or bylaws. |
6-045. Use of name exclusive. |
6-055. Office facilities. |
6-065. Out-of-state credit unions. |
6-070. Supervision by commissioner. |
6-075. General powers of credit union. |
6-085. Incidental powers. |
6-090. Reports. |
6-092. Failure to make reports or pay charges -- Notice of charges -- Injunctions. |
6-095. Rules of commissioner. |
6-100. Supervision by commissioner -- Financial reports -- Examination -- Fees. |
6-105. Commonwealth or its employees not liable for failure to disclose financial condition of credit union. |
6-107. Membership defined. |
6-115. Tax exemption. |
6-125. Retention of membership. |
6-135. Liability of members. |
6-145. Annual meeting. |
6-155. Board of directors -- Supervisory committee -- Simultaneous appointments prohibited. |
6-165. Record of officials. |
6-175. Vacancies. |
6-185. Confidentiality. |
6-195. Pecuniary interest of officer. |
6-205. Officers of board. |
6-215. Authority of directors. |
6-225. Specific duties of board. |
6-235. Executive committee. |
6-245. Meetings of board or executive committee. |
6-255. Credit committee. |
6-265. Credit manager. |
6-275. Loan officers -- Appeal from disapproval of loan. |
6-285. Annual audit. |
6-296. Suspension and removal of officers -- Review of such actions -- Injunction. |
6-305. Special meetings of members. |
6-315. Capital of credit union. |
6-320. "Credit card guaranty" defined -- Requirement to insure validity. |
6-325. Dividends -- Approval of commissioner required prior to payment. |
6-335. Deposits. |
6-345. Special purpose accounts. |
6-355. Withdrawal of assets by member. |
6-365. Minors' accounts. |
6-375. Joint accounts. |
6-385. Trust accounts. |
6-395. Lien of credit union. |
6-405. Credit union insurance on shares and deposits. |
6-415. Reduction in shares. |
6-425. Purposes of loans -- Conditions of loans. |
6-435. Interest rate. |
6-445. Charges for failure to meet obligations. |
6-450. Expulsion and withdrawal of members. |
6-455. Application form. |
6-465. Maximum loan. |
6-475. Security. |
6-485. Installments. |
6-495. Line of credit. |
6-505. First mortgage loans. |
6-515. Other loan programs. |
6-525. Loans to credit union officials. |
6-535. Insurance for members. |
6-545. Insurance for credit union officials. |
6-555. Group purchasing. |
6-565. Money transfers for convenience of members. |
6-575. Trustee or custodian. |
6-585. Investments. |
6-595. Reserves. |
6-605. Use of regular reserve. |
6-615. Risk assets. |
6-625. Special reserves. |
6-635. Taxation of real and personal property. |
6-645. Expenses not payable out of general fund of Kentucky. |
Change in Corporate Status |
6-700. Suspension of credit union operations. |
6-705. Voluntary liquidation -- Filing certificate of dissolution. |
6-710. Merger of credit union. |
6-715. Conversion of credit union. |
Penalties |
6-990. Penalties. |
6-991. Penalties. |
Subtitle 7. Industrial Loan Corporations |
7-410. Definitions for KRS 286.7-410 to 286.7-600. |
7-420. Organization of industrial loan corporation -- Name. |
7-430. Capital stock requirements -- Statement of assets and liabilities -- Fees. |
7-440. Investigation of applicant -- Approval of articles of incorporation and application. |
7-450. Certificate of approval -- Denial -- Hearing -- Appeal. |
7-460. Powers of industrial loan company. |
7-480. Additional charges prohibited -- Allowed collateral. |
7-490. Operation of insurance agency in same office. |
7-500. Delinquency charges. |
7-510. Restrictions on security -- Contents of notes -- Advertising. |
7-520. Certain requirements not applicable -- Certificates of investment -- Designation of depository banks -- Petty loan associations prohibited. |
7-530. Authority of department -- Regulations. |
7-535. Commonwealth or its employees not liable for failure to disclose financial condition of industrial loan company. |
7-540. When certificate required. |
7-550. Revocation or suspension of certificate -- Hearing -- Reinstatement -- Surrender -- Appeal. |
7-580. Certification of foreign corporations. |
7-590. Denial of privilege to advertise certification. |
7-600. Certification of corporations qualifying on June 14, 1962. |
Penalties |
7-990. Penalties. |
Subtitle 8. Mortgage Loan Companies and Brokers |
8-010. Definitions. |
8-012. Administrative hearing request. |
8-020. Exemptions. |
8-030. Transaction of business prohibited without license -- Effect of issuance of license -- Unique identifier. |
8-032. Application for license. |
8-034. Fees. |
8-036. Rules concerning use of license. |
8-038. Repealed, 2009. [Repealed] |
8-040. Repealed, 2009. [Repealed] |
8-042. Repealed, 2009. [Repealed] |
8-044. Notice of order in writing -- Administrative complaint -- Service -- Hearing. |
8-046. Civil penalty for violation of subtitle, administrative regulation, or order -- Order for restitution, refund, recovery of expenses. |
8-048. Emergency orders by commissioner -- Grounds -- Hearing -- Period order to remain in effect. |
8-060. Surety bonds required -- Uses of bonds -- New or supplemental bonds. |
8-070. Company name. |
8-075. Change of control. |
8-080. Factors for use by commissioner in determining approval or disapproval of application. |
8-090. Denial, suspension, or revocation of license -- Jurisdiction of Franklin Circuit Court. |
8-100. Branch offices. |
8-110. Rates -- Mortgage required as evidence of real estate loan -- Delinquency charges -- Attorneys' fees -- Charges made part of note -- Limits on prepayment penalties. |
8-120. Fees and charges in addition to interest -- Letters of commitment -- Failure to fulfill terms constitutes default. |
8-125. Limitation on loan originator's fee. |
8-130. Escrow account -- Interest -- Accounting. |
8-140. Powers of commissioner. |
8-150. Records filed with commissioner open to public inspection -- Exception. |
8-160. Records to be kept by company -- Filing of financial report and correcting amendment -- Requirements if business discontinued -- Location of records -- Request for destruction of records. |
8-170. Places where records required to be kept -- Examination by commissioner -- Fee -- Access to records -- Reports. |
8-175. Confidentiality of examination reports and information -- Exceptions -- Prima facie evidence. |
8-180. Conduct of examination -- Cost of investigation or hearing. |
8-190. Grounds for investigation -- Action commissioner may take after investigation. |
8-200. Repealed, 2009. [Repealed] |
8-210. Judicial review. |
8-220. Prohibited acts. |
8-225. Mortgage fraud prosecution fund -- Funding -- Expenditures. |
8-227. Collection of civil penalties to be deposited in mortgage fraud prosecution fund -- Distribution -- Administrative regulations. |
8-230. Repealed, 2009. [Repealed] |
8-240. Short title. |
8-250. Mortgage loan brokers to maintain physical location -- Display of license certificate. |
8-260. Continuing professional education required for persons registered under subtitle -- Termination and surrender of certificate of registration for failure to comply. |
8-270. Duties of mortgage loan broker -- Advanced disclosure of fee required. |
8-275. Reporting of violations of subtitle -- Duties of commissioner -- No waiver of privilege or claim of confidentiality. |
8-280. Limitation of liability. |
8-285. Participation in National Mortgage Licensing System and Registry -- Duties -- Reporting. |
8-290. Mortgage loan originators -- Applicability of and exclusion from requirements of subtitle. |
8-295. Mortgage loan company and mortgage loan broker to exercise control over operations, employees, and company affairs. |
8-300. Severability of subtitle's provisions. |
8-990. Kentucky Residential Mortgage Fraud Act -- Provisions -- Criminal proceedings -- Penalties. |
Subtitle 9. Deferred Deposit Service Business and Check Cashing |
9-010. Definitions for subtitle. |
9-020. Requirement of license. |
9-030. Exemptions from applicability of this subtitle. |
9-035. Deferred deposit transaction agreement with unlicensed person void. |
9-040. Qualifications for license -- Liability of surety. |
9-050. Manner of application for license -- Form. |
9-060. Materials to accompany application -- Investigation fee. |
9-070. Investigation by department -- Issuance of license -- Posting of license -- License period -- Licensee's duty to notify department -- Transfer or assignment of license -- Abandonment. |
9-071. Moratorium on deferred deposit service business licenses. |
9-072. Compliance with federal and state law required. |
9-073. Agent for service of process required. |
9-074. Recordkeeping requirements of licensees. |
9-075. Complaints filed against licensees -- Investigative powers of commissioner. |
9-080. Licenses -- Renewal and reinstatement. |
9-090. Authority to promulgate administrative regulations -- Compliance examination and fee -- Examination, inspection, and confidentiality of records -- Powers of commissioner. |
9-100. Procedures to be followed by licensees. |
9-102. Requirements of disclosure by licensees -- Fees and service charges -- Acceptance, payment, and deposit of checks. |
9-104. Annual reports filed by licensees with commissioner. |
9-105. Filing reports of federal currency reporting, recordkeeping, and suspicious transaction reporting. |
9-110. Revocation or suspension of license -- Effect of denial, revocation, suspension, expiration, or surrender of license -- Circuit Court remedy. |
9-120. Administrative complaint -- Hearing for denial, suspension, or revocation of license. |
9-125. Emergency order suspending, conditioning, limiting, or restricting a license. |
9-128. Consent order for resolution of matters arising under subtitle. |
9-130. Stay, suspension, or postponement of order. |
9-140. Database of outstanding deferred deposit transactions -- Submitting and accessing data. |
9-990. Penalty for violation of this subtitle. |
9-991. Civil penalty for violation of subtitle. |
Subtitle 10. Title Pledge Lending |
10-200. Definitions for KRS 286.10-200 to 286.10-285 and KRS 286.10-991. |
10-205. Licensed title pledge lender -- Limitation of action on title pledge agreement. |
10-210. Prohibition against engaging in business without license. |
10-215. Qualifications for license. |
10-220. Application for title pledge lending license. |
10-225. Verification -- Granting of license -- Renewal. |
10-230. Inspection by commissioner -- Presence of officer. |
10-235. Nonliability of examiner to pledgor. |
10-240. Confidentiality of examination -- Exceptions. |
10-245. Fee for examination. |
10-250. Record of agreement -- Contents -- Signature requirement -- Location of records. |
10-255. Lender's security interest. |
10-260. Applicability of KRS 286.4-530 -- Compliance with Federal Truth in Lending Act -- Rollover period -- Renewals of agreements. |
10-265. Release of security interest and lien. |
10-270. Expiration of title pledge agreement -- Taking possession of titled personal property upon default. |
10-275. Repossession -- Sale of repossessed property. |
10-280. Change in title of repossessed property. |
10-285. Prohibited conduct by title pledge lenders. |
10-991. Penalties for KRS 286.10-200 to 286.10-285 and KRS 286.10-991 -- Revocation or suspension of license of title pledge lender. |
Subtitle 11. Money Transmitters |
11-001. Short title. |
11-003. Definitions for subtitle. |
11-005. License required for persons engaging in money transmission -- Prohibition against transfer or assignment of license. |
11-007. Exemptions. |
11-009. Contents of application -- Additional information to be provided by corporate applicants -- Power of commissioner to waive requirements. |
11-011. Minimum net worth of licensee. |
11-013. Bond or other security devices. |
11-015. Permissible investments -- Power of commissioner to define permissible investments -- All permissible investments deemed to be held in trust for benefit of purchasers and holders. |
11-017. Application fee and license fee. |
11-019. Powers of commissioner to approve, deny, or refuse to issue or renew licenses -- Procedure for hearing and appeal upon denial of license -- Reapplication after denial. |
11-021. Renewal of license and annual report -- Expiration and reinstatement of license. |
11-023. Extraordinary reporting requirements. |
11-025. Changes in control of a licensee. |
11-027. Examinations and investigations. |
11-029. Maintenance of records. |
11-031. Filing and maintenance of reports required by federal and state law governing money laundering. |
11-033. Confidentiality of data submitted to commissioner. |
11-035. Authorized agent contracts. |
11-037. Authorized agent conduct -- Commingled proceeds deemed trust funds -- Agent's duty to report to licensee. |
11-039. Suspension or revocation of license -- Procedure for hearing and appeal upon suspension or revocation -- Limitations upon reissue of license -- Factors to be considered by commissioner. |
11-043. Power of commissioner to issue cease and desist orders -- Petition for temporary or permanent injunction. |
11-045. Emergency order governing suspension, limitation, or restriction of license or designation of agent -- Appeal from emergency order. |
11-047. Civil penalties. |
11-049. Consent orders. |
11-051. Commissioner's power to stay orders pending exhaustion of administrative remedies. |
11-053. Right of aggrieved person to apply for administrative hearing -- Appeal from final order to Franklin Circuit Court. |
11-057. Penalties. |
11-059. Administrative proceedings to be conducted under KRS Chapter 13B. |
11-061. Powers and duties of department and commissioner relating to the regulation, supervision, and licensing of money transmitters. |
11-063. Licensees and agents to comply with all applicable federal and state laws. |
11-065. Licenses issued under provisions of former KRS Chapter 366 to remain in force. |
11-067. General Assembly intends to ensure safe and sound operation of money transmission in the Commonwealth. |