45-1-126 - Compliance review documents Confidentiality.
45-1-126. Compliance review documents Confidentiality.
(a) As used in this section, unless the context otherwise requires:
(1) Compliance review committee means:
(A) (i) An audit, loan review or compliance committee appointed by the board of directors of a depository institution; or
(ii) Any other person to the extent the person acts in an investigatory capacity at the direction of a compliance review committee; and
(B) Whose functions are to evaluate and seek to improve:
(i) Loan underwriting standards;
(ii) Asset quality;
(iii) Financial reporting to federal or state regulatory agencies; or
(iv) Compliance with federal or state statutory or regulatory requirements;
(2) Compliance review documents means documents prepared for or created by a compliance review committee;
(3) Depository institution means a state bank, national bank, state or federal savings and loan association, or a state or federal savings bank located in this state that is authorized to maintain deposit or share accounts;
(4) Loan review committee means a person or group of persons who, on behalf of a depository institution, reviews loans held by the institution for the purpose of assessing the credit quality of the loans, compliance with the institution's loan policies, and compliance with applicable laws and regulations; and
(5) Person means an individual, group of individuals, board, committee, partnership, firm, association, corporation or other entity.
(b) Except as provided in subsection (c):
(1) Compliance review documents are confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee; and
(2) Compliance review documents delivered to a federal or state governmental agency remain confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee.
(c) Subsection (b) does not apply to any information required by statute or regulation to be maintained by or provided to a governmental agency while the information is in the possession of the governmental agency to the extent applicable law expressly authorizes its disclosure.
[Acts 1994, ch. 551, § 18.]