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Home » US Law » 2022 West Virginia Code » Chapter 31A. Banks and Banking » Article 2A. Maxwell Governmental Access to Financial Records Act

§31A-2A-1. Definitions

As used in this article: (a) "Customer" means any person or his or her duly authorized representative who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary in relation to an account maintained in such person's name; (b) "Financial institution" […]

§31A-2A-2. Requirements for Government Access to Records

(a) No state entity may have access to or obtain from a financial institution financial records of any customer except as set forth in section four of this article or under the following circumstances: (1) The customer has executed a written authorization pursuant to section three of this article;

§31A-2A-4. Exceptions

(a) Nothing in this article is intended to, or shall prohibit, apply to or interfere with: (1) The lawful authority or ability of the commissioner of banking or any other state or federal regulatory agency of a bank, savings and loan association, trust company or credit union to obtain or to share between such regulatory […]

§31A-2A-5. Subpoena and Notice Requirements

(a) A financial institution may disclose or produce financial records to a state entity in compliance with a subpoena served upon it if the subpoena contains a certification that: (1) A copy of the subpoena has been served on the customer whose records are sought by the state entity seeking disclosure or production of the […]

§31A-2A-6. Subpoena Issued by Grand Jury

(a) Notwithstanding the provisions of section five of this article, a financial institution may disclose or produce financial records upon being served with a subpoena issued under authority of a grand jury without notice or service upon the customer. (b) Financial records obtained pursuant to a subpoena issued under the authority of a grand jury: […]

§31A-2A-7. Penalties

(a) Any state, county or local government official or employee who knowingly and willfully discloses financial records with intent to violate this article, or who knowingly and willfully induces or attempts to induce an officer, employee, agent or director of a financial institution to disclose financial records to a state entity with intent to violate […]

§31A-2A-8. Statute of Limitations; Tolling of Statute

(a) An action to enforce any provision of this article may be brought in any circuit court of competent jurisdiction in this state within three years from the date on which the violation occurs or the date of discovery of such violation, whichever is later. (b) If any customer files a motion or application under […]

§31A-2A-9. Injunctive Relief; Recovery of Attorney Fees

In addition to any other remedy contained in this article, injunctive relief shall be available to require compliance with any procedure established in this article. Any customer awarded injunctive relief pursuant to this section may recover costs and reasonable attorney's fees as determined by the court.