Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 733-404 - Disclosure of informationA. The department may divulge to an institution, or to any officer, or any director, trustee or attorney thereof, any information contained in or ascertained from an examination or investigation of such institution made by the department. Reports of examination issued by the department remain the sole property of the department. A report of examination issued by the department to an institution is strictly confidential. Any copy of a report of examination is and shall remain the property of the department and is furnished to the institution, subject to the express condition that it shall be returned to the department immediately upon a request from the secretary. If a subpoena or other legal process is received calling for production of such a report of examination, or any portion thereof, the department shall be notified immediately by the institution. Under no circumstances shall the institution or any of its directors, trustees, officers or employes make copies of the report of examination or any portion thereof available to any organization or person who is not officially connected with such institution as a director, trustee, officer, attorney or employe without the prior written approval or nonobjection of the department. Notwithstanding the foregoing, an institution may disclose the existence and contents of an order or other enforcement action issued to it by the department to the extent required by applicable Federal securities law or State securities law.B. The department, on the written request or consent of any institution, authorized in the case of corporations by the president or senior executive officer of the institution, may discuss with any person or persons selected by the department, or selected by such institution and approved by the department, any matters relating to the financial condition of such institution.C. The department, by itself and in its reasonable discretion for regulatory or enforcement purposes, or on the written request or consent of any institution, authorized in the case of corporations by the president or senior executive officer of the institution, may furnish to the Federal Reserve Board, to the Federal Reserve Bank of the district in which the place of business of any institution is located, or to any agency or instrumentality of the United States government, or of the Commonwealth of Pennsylvania, or any other supervisor of financial institutions in another state, any information in its possession relating to such institution.D. The department may, from time to time, with the approval of the Governor, cause to be published a summary of the condition of institutions under its supervision, containing such information in relation to such institutions as in its judgment is desirable.E. Neither this section nor any other statute or regulation shall be construed to require the department to publish or divulge any such information under this section, when in the opinion of the department such publication or divulgement is undesirable.F. Notwithstanding any of the foregoing provisions of this section, the department may enter into such cooperative, coordinating and information-sharing agreements with any other Federal and State banking, insurance or securities regulatory agencies or do so by, with and through any trade association of such agencies, with respect to any examination, supervision, enforcement, criminal referral, consumer complaints or any other regulatory matters related to institutions, including credit unions, trust companies and licensees, as may be reasonably necessary or appropriate, as determined in the discretion of the secretary. The department may enter into joint examinations or joint enforcement actions with any other Federal or state banking regulatory agency or any insurance or securities regulatory agency having concurrent jurisdiction over any person or entity lawfully or unlawfully engaging in the business of a depository institution, trust company, credit union or licensee as may be reasonably necessary and appropriate in the discretion of the secretary.G. This section also applies to credit unions and licensees.1933, May 15, P.L. 565, art. IV, § 404. Amended 2002, Dec. 9, P.L. 1604, No. 209, § 12, imd. effective.