Page:2021 North Dakota Session Laws.pdf/303

Banks and Banking CHAPTER 78

SENATE BILL NO. 2197

(Senators Klein, Holmberg)

(Representative Lefor)

AN ACT to amend and reenact sections 6-01-07.1 and 54-10-22.1 of the North Dakota Century Code, relating to confidentiality of facts and information obtained or created by the commissioner of financial institutions and the department of financial institutions.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 6-01-07.1 of the North Dakota Century Code is amended and reenacted as follows:

6-01-07.1. Records - Confidential.

1. All facts and information obtained {{underline|or created} by the commissioner or the department in the following ways are confidential, except as provided in subsections 2 through 78:

a. In the course of examining financial institutions, credit unions, and other licensed entities under the supervision of the commissioner, or in the course of receiving audit reports, reports of examining committee and reports of annual meetings of stockholders and directors of such institutions and licensees. The reports of examination may be made available to the financial institution's or licensee's board of directors, or the board's specifically authorized agents or representatives, but the reports remain the property of the department.

b. From the federal reserve system, federal deposit insurance corporation, federal home loan bank board, national credit union administration, or any state bank or credit union supervisors or supervisors of other licensed entities of other states.

c. In the course of investigating an institution under the supervision of, or licensed by, the commissioner, until such investigation is complete.

d. In the course of a special investigation being carried out at the request of the governor or any court.

e. (1) In the form or nature of an application for a charter, license, or permission which meets any of the following criteria:

(1)(a)Trade secrets and commercial or financial information.

(2)(b)Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.