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 Repealed, 1960. [Repealed]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 Repealed, 1960. [Repealed]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 Repealed, 1960. [Repealed]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 Repealed, 1950. [Repealed]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 Repealed, 1946. [Repealed]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 Repealed, 1950. [Repealed]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 Repealed, 1960. [Repealed]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 Repealed, 1944. [Repealed]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
2-015. Political subdivisions prohibited from enacting or enforcing legislation governing matters preempted by state or federal law -- Exception for civil rights -- State law to be construed as consistent with federal law.
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.
3-145. Kentucky state trust company -- Scope of activities -- Acquisition of office within or outside of this state by Kentucky state trust company -- Rights, privileges, obligations, and liabilities of selling trust company.
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.
5-910. Filing of application to acquire association or holding company -- Examination of applicant -- Cooperative agreements for examination of out-of-state associations or exchange of confidential information.
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.
8-255. Registration with department required for mortgage loan originator or mortgage loan processor -- Renewals-- Continuing education requirement -- Background checks -- Originators and processors subject to other laws -- Minimum requirements -- Limitation of loan origination services.
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.
11-032. Definition -- Commissioner's power to order submission of required filings to the registry, its parent or affiliate, and other agencies or authorities -- Power to establish relationships or contracts with governmental agencies and the registry or its affiliates -- Report of violations, enforcement actions, and other relevant information -- Procedure for requesting information from and distributing information to the United States Department of Justice.
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.
11-041. Suspension or revocation of designation of an agent -- Factors to be considered by commissioner -- Procedure for hearing and appeal upon revocation of designation -- Limitations upon future designation of agent after revocation.
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.
11-055. Right of aggrieved person to file written complaint with commissioner -- Commissioner's power to investigate and resolve complaints -- Suspension of license for noncompliance with subpoena -- Petition to court for enforcement.
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.