Kansas Statutes

Chapter 9: Banks And Banking; Trust Companies

Article 20: Banking Code; Crimes And Punishments

Statutes:

• 9-2001: Failing to perform duty; penalty.
• 9-2002: Making false report, statement or entry in the books; penalty.
• 9-2003: Statement of resources and liabilities; examination; certificate of authority; penalty.
• 9-2004: Swear or affirm falsely as perjury; penalty.
• 9-2005: Neglect of commissioner or deputy; penalty.
• 9-2006: Receiving deposits after authority revoked; penalty.
• 9-2007: Bank or trust company in hands of receiver; penalties.
• 9-2008: Certified checks, drafts or orders in excess of amount on deposit.
• 9-2009: Failure to make or publish reports; penalty; legal proceeding.
• 9-2010: Insolvent bank receiving deposits; penalty.
• 9-2011: Unlawfully engaging in the banking or trust company business; penalty.
• 9-2012: Embezzlement or intent to injure or defraud; penalty.
• 9-2013: Unlawful to offer or solicit anything of value; penalty.
• 9-2014: Violation of act; commissioner or deputy to inform county or district attorney.
• 9-2015: Failure to comply with requirements; penalty.
• 9-2016: Unlawfully transacting banking or trust business; penalty.
• 9-2017: Legal services; penalty for soliciting or advertising.
• 9-2018: Severability.

• 9-2001: Failing to perform duty; penalty. Every banker, officer, employee, director or agent of any bank or trust company who shall neglect to perform any duty required by this act, or who shall fail to conform to any lawful requirement made by the bank commissioner, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed $1,000, or by imprisonment not to exceed one year, or by both fine and imprisonment.

        History:   L. 1947, ch. 102, § 125; L. 1989, ch. 48, § 54; July 1.

• 9-2002: Making false report, statement or entry in the books; penalty. Every officer, director, agent or clerk of any bank or trust company doing business in the state of Kansas, who willfully and knowingly subscribes to or makes any false report or any false statement or entry in the books of such bank or trust company, or knowingly subscribes or exhibits any false writing or paper, with the intent to deceive any person as to the condition of such bank or trust company, upon conviction shall be guilty of a severity level 8, nonperson felony.

        History:   L. 1947, ch. 102, § 126; L. 1989, ch. 48, § 55; L. 1994, ch. 291, § 4; July 1.

• 9-2003: Statement of resources and liabilities; examination; certificate of authority; penalty. It shall be unlawful to transact a banking business or trust business, without having first transmitted to the bank commissioner a verified statement of the resources and liabilities of such corporation. Such statement shall be made in accordance with K.S.A. 9-804 and 9-1704, and amendments thereto.

        The bank commissioner shall have power to examine the condition and affairs of such bank or trust company and within 30 days from the receipt of such statement, shall make such examination. If such bank or trust company has in all respects complied with the provisions of law applicable thereto, the commissioner shall issue a certificate showing the amount of capital paid in and that the same is authorized to transact a general banking or trust business, as provided by this act. It shall be unlawful to transact a banking or trust business without having first received such certificate from the bank commissioner.

        Any person violating the provisions of this section, either individually or as an interested party in any association or corporation, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum not less than $300 nor more than $1,000, or by imprisonment not less than 30 days nor more than one year, or by both such fine and imprisonment.

        History:   L. 1947, ch. 102, § 127; L. 1989, ch. 48, § 56; July 1.

• 9-2004: Swear or affirm falsely as perjury; penalty. (a) Every officer or employee of a bank or trust company required by this act to take an oath or affirmation, who shall willfully swear or affirm falsely, shall be guilty of perjury, and upon conviction shall be punished as provided by K.S.A. 21-3805, and amendments thereto.

        (b) (1)   A violation of subsection (a) as provided in subsection (b)(1) of K.S.A. 21-3805 and amendments thereto is a severity level 7, nonperson felony.

        (2)   A violation of subsection (a) as provided in subsection (b)(2) of K.S.A. 21-3805 and amendments thereto is a severity level 9, nonperson felony.

        History:   L. 1947, ch. 102, § 128; L. 1989, ch. 48, § 57; L. 1994, ch. 291, § 5; July 1.

• 9-2005: Neglect of commissioner or deputy; penalty. Any bank commissioner or deputy bank commissioner who shall willfully neglect to perform any duty provided for by this act, or who shall knowingly and willfully permit the violation of any of the provisions of this act for a period of ninety days, by any bank doing business under this act, or who shall knowingly or willfully make any false statement concerning any bank, or who shall be guilty of any misconduct or corruption in office, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not exceeding one thousand dollars, or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment, in the discretion of the court, and in addition thereto shall be removed from office by the governor.

        History:   L. 1947, ch. 102, § 129; June 30.

• 9-2006: Receiving deposits after authority revoked; penalty. Any officer of any bank whose authority to transact a banking business has been revoked as herein provided, who shall receive or cause to be received any deposit of whatever nature after such revocation, upon conviction thereof, shall be subject to a fine of not less than $300 nor more than $1,000, and by imprisonment for not less than six months nor more than one year.

        History:   L. 1947, ch. 102, § 130; June 30.

• 9-2007: Bank or trust company in hands of receiver; penalties. Any receiver of an insolvent bank or trust company who fails to comply with the provisions of subsection (a) of K.S.A. 9-1912, and amendments thereto or who violates any of the provisions of this act relating to the examination of banks or trust companies, shall be subject to the same penalties provided for officers or employees of banks or trust companies.

        History:   L. 1947, ch. 102, § 131; L. 1986, ch. 59, § 2; L. 1989, ch. 48, § 58; July 1.

• 9-2008: Certified checks, drafts or orders in excess of amount on deposit. It shall be unlawful for any officer, clerk or agent of any bank doing business under this act to certify any check, draft or order drawn upon the bank unless the person, firm or corporation drawing such check, draft or order has on deposit with the bank, at the time such check, draft or order is certified, an amount of money equal to the amount specified in such check, draft or order. Any check, draft or order so certified by the duly authorized officer shall be a good and valid obligation against such bank; but any officer, clerk or agent of any bank violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in K.S.A. 9-2007.

        History:   L. 1947, ch. 102, § 132; June 30.

• 9-2009: Failure to make or publish reports; penalty; legal proceeding. The commissioner may impose upon any bank or trust company which fails to make and transmit or to publish any report required by this act a penalty of not to exceed $50 for each day that it delays to make and transmit or to publish such report. Whenever any bank or trust company delays or refuses to pay such penalty, the commissioner is hereby authorized to maintain an action in the name of the state of Kansas against the delinquent bank or trust company for the recovery of such penalty, and all sums collected by such action shall be paid into the state treasury and placed to the credit of the banking department.

        History:   L. 1947, ch. 102, § 133; L. 1975, ch. 44, § 41; L. 1989, ch. 48, § 59; July 1.

• 9-2010: Insolvent bank receiving deposits; penalty. No bank shall accept or receive on deposit, with or without interest, any money, bank bills or notes, or United States treasury notes, gold or silver certificates, or currency, or other notes, bills, checks, or drafts, when such bank is insolvent; and any officer, director, cashier, manager, member, partner or managing partner of any bank, who shall knowingly violate the provisions of this section or be accessory to or permit or connive at the receiving or accepting on deposit of any such deposit, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $5,000, or by imprisonment in the custody of the secretary of corrections not less than one year nor more than five years, or by both such fine and imprisonment.

        History:   L. 1947, ch. 102, § 134; L. 1990, ch. 309, § 5; May 24.

• 9-2011: Unlawfully engaging in the banking or trust company business; penalty. It shall be unlawful for any individual, firm or corporation to advertise, publish or otherwise promulgate that they are engaged in the banking business or trust business, without first having obtained authority from the bank commissioner as herein provided. Any such individual or member of any such firm or officer of any such corporation violating this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $5,000.

        History:   L. 1947, ch. 102, § 135; L. 1989, ch. 48, § 60; L. 1994, ch. 51, § 7; April 7.

• 9-2012: Embezzlement or intent to injure or defraud; penalty. Every president, director, cashier, assistant cashier, teller, clerk, officer or agent of any bank or trust company who embezzles, abstracts or willfully misapplies any of the moneys, funds, securities or credits of the bank or trust company, or who issues or puts forth any certificate of deposit, draws any draft or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, or who makes use of the name of the bank or trust company in any manner, with intent in either case to injure or defraud the bank or trust company or any individual, person, partnership, company or corporation, or to deceive any officer of the bank or trust company or any agent appointed to examine the affairs of the bank or trust company, and any person who with like intent aids or abets any officer, clerk or agent in violation of this act, upon conviction shall be guilty of a severity level 7, nonperson felony.

        History:   L. 1947, ch. 102, § 136; L. 1989, ch. 48, § 61; L. 1994, ch. 291, § 6; July 1.

• 9-2013: Unlawful to offer or solicit anything of value; penalty. (a) It shall be unlawful for: (1) Any person or corporation to corruptly give, offer or promise anything of value to any person, with intent to influence or reward an officer, director, employee, agent or attorney of any state bank or trust company in connection with any business or transaction of such bank or trust company; or

        (2)   any officer, director, employee, agent or attorney of any state bank or trust company to corruptly solicit or demand for the benefit of any person, or to corruptly accept or agree to accept anything of value from any person intending to influence or reward in connection with any business or transaction of such bank or trust company.

        (b)   Any person or corporation violating the provisions of subsection (a), upon conviction, shall be guilty of a class A misdemeanor.

        (c)   This section shall not apply to bona fide salary, wages, fees or other compensation paid, or expenses paid or reimbursed in the usual course of business.

        History:   L. 1947, ch. 102, § 137; L. 1992, ch. 136, § 1; July 1.

• 9-2014: Violation of act; commissioner or deputy to inform county or district attorney. It shall be the duty of the bank commissioner or any of the deputies of the commissioner, to inform the county or district attorney of the county in which the bank or trust company is located, of any violation of any of the provisions of this act, which constitute a misdemeanor or felony, by the officers, directors, owners or employees of any bank or trust company, which shall come to the notice of the bank commissioner or the commissioner's deputies, and upon receipt of such information the county or district attorney may institute proceedings to enforce the provisions of this act.

        History:   L. 1947, ch. 102, § 138; L. 1987, ch. 54, § 11; L. 1989, ch. 48, § 62; July 1.

• 9-2015: Failure to comply with requirements; penalty. Whoever shall violate any of the provisions of K.S.A. 9-801, or K.S.A. 9-804, or K.S.A. 9-806, or K.S.A. 9-1804 shall be deemed guilty of misdemeanor and upon conviction thereof shall be fined in a sum of not less than $500 nor more than $1,000, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment.

        History:   L. 1947, ch. 102, § 139; June 30.

• 9-2016: Unlawfully transacting banking or trust business; penalty. It shall be unlawful to transact a banking business or trust business without having first received a certificate from the commissioner. Any person violating the provisions of this section, either individually or as an interested party, in any association or corporation, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum of not less than $300 nor more than $1,000 or by imprisonment for not less than 30 days nor more than one year, or by both such fine and imprisonment.

        History:   L. 1947, ch. 102, § 140; L. 1989, ch. 48, § 63; July 1.

• 9-2017: Legal services; penalty for soliciting or advertising. It shall be unlawful for any bank or trust company to solicit or advertise its willingness or ability to perform services of a legal nature; any bank or trust company violating this section shall be guilty of a misdemeanor.

        History:   L. 1947, ch. 102, § 141; June 30.

• 9-2018: Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

        History:   L. 1947, ch. 102, § 142; June 30.