(a)
- (1) The names of stockholders of a bank or bank holding company will not be regarded as confidential.
- (2) The stockholder’s list of a bank or bank holding company will not be regarded as confidential.
- (b) Articles of agreement and incorporation and all amendments are not confidential.
(c) Stock transfers.
- (1) A one-page request form submitted to the Bank Commissioner requesting a transfer of bank stock from one (1) stockholder to another.
- (2) However, any information submitted to the commissioner, including any personal financial statements, along with the request will be regarded as confidential and is not subject to disclosure.
- (d) Applications. All applications submitted to the commissioner may be disclosed to anyone with the exception that personal financial statements submitted in support of such applications shall be regarded as confidential and are not subject to disclosure.
(e) Examination reports.
(1) Examination reports are:
- (A) Highly confidential; and
- (B) Not subject to public disclosure.
- (2) Such examination reports are regularly submitted to the federal regulatory authorities and/or other state financial institution regulatory authorities, as well as to the examined bank as a matter of regulatory process.
- (3) However, the examination reports remain the property of the State Bank Department and, as such, the report, as well as all correspondence between regulatory authorities and the examined bank in respect to the examination report, is confidential, Arkansas Code § 23-46-101.
(f) Investigation reports.
- (1) An investigation made by a bank examiner assigned to investigate the merits of an application, or other bank matter, is generally considered as confidential.
- (2) The exception being that the commissioner, in his or her discretion, reserves the right to permit an investigation on the merits of an application to be reviewed by the applicant and an official protestant to an application and permit introduction into evidence, by a party to the proceeding, those portions of the investigation which may be necessary and relevant to that proceeding.
(g) Corporate file.
(1) A bank’s corporate file includes its:
- (A) Articles of incorporation;
- (B) Amendment to articles of incorporation;
- (C) List of stockholders;
- (D) Articles of merger; and
- (E) Other relevant documents.
- (2) A bank’s corporate file is subject to disclosure with the exception of any information in support of a petition for a stock transfer since such supportive information is confidential.
- (h) Financial statements. Personal financial statements shall not be exhibited to the public.
Codification Notes: This section was promulgated as Section 46-101.3 of the State Bank Department Rules prior to codification into the Code of Arkansas Rules. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Reference A.C.A. § 23-46-101)"