Effective: January 1, 2018
Latest Legislation: House Bill 49 – 132nd General Assembly
(A) As used in this section, a “self-assessment report” of a bank includes, but is not limited to, all of the following:
(1) An evaluation of the bank’s loan underwriting standards, asset quality, financial reporting to federal or state regulatory agencies, and compliance with its policies and with federal or state statutory or regulatory requirements;
(2) Any communication related to the report, including electronic mails or telephone logs.
(B) A self-assessment report, any portion or contents of the report, and any documents, data, compilations, analyses, or other information and material generated, created, produced, developed, or prepared as part of the self-assessment process, are privileged and not admissible or subject to discovery in any civil or administrative litigation, action, proceeding, or investigation.
(C) The self-assessment privilege granted by this section to a bank and its affiliates applies regardless of whether a bank regulator or any other governmental authority in possession of a self-assessment report or any portion or contents of it subsequently discloses it or any portion or contents of it to a third party as required or permitted by any state or federal law.
(D) Notwithstanding any applicable state or federal public records law, a bank regulator or any other governmental authority in possession of a self-assessment report or any portion or contents of it shall not disclose the report or any portion or contents of it to any person in response to a public records request.