GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION

CHAPTER 408
SENATE BILL 899

AN ACT TO PROVIDE THAT CERTAIN FINANCIAL INSTITUTIONS' RECORDS ARE CONFIDENTIAL.

The General Assembly of North Carolina enacts:

Section 1.  Article 8 of Chapter 53 of the General Statutes is amended by adding a new section to read:
"§ 53-99.1.  Confidential records.
(a)	As used in this section:
(1)	'Compliance review committee' means:
a.	An audit, loan review, or compliance committee appointed by the board of directors of a bank or any other person to the extent the person acts at the direction of or reports to a compliance review committee; and
b.	Whose functions are to audit, evaluate, report, or determine compliance with any of the following:
1.	Loan underwriting standards;
2.	Asset quality;
3.	Financial reporting to federal or State regulatory agencies;
4.	Adherence to the bank's investment, lending, accounting, ethical, and financial standards; or
5.	Compliance with federal or State statutory requirements.
(2)	'Compliance review documents' means documents prepared for or created by a compliance review committee.
(3)	'Bank' means a bank chartered under the laws of North Carolina or of the United States and any subsidiaries thereof.
(4)	'Loan review committee' means a person or group of persons who, on behalf of a bank, reviews assets, including loans held by the bank, for the purpose of assessing the credit quality of the loans or the loan application process, compliance with the bank's investment and loan policies and compliance with applicable laws and regulations.
(5)	'Person' means an individual, group of individuals, board, committee, partnership, firm, association, corporation, or other entity.
(b)	Banks chartered under the laws of North Carolina or of the United States shall maintain complete records of compliance review documents, and the documents shall be available for examination by any federal or State bank regulatory agency having supervisory jurisdiction.  Notwithstanding Chapter 132 of the General Statutes, compliance review documents in the custody of a bank or regulatory agency are confidential, are not open for public inspection, and are not discoverable or admissible in evidence in a civil action against a bank, its directors, officers, or employees, unless the court finds that the interests of justice require that the documents be discoverable or admissible in evidence."
Sec. 2.  Article 4 of Chapter 54B of the General Statutes is amended by adding a new section to read:
"§ 54B-63.1.  Confidential records.
(a)	As used in this section:
(1)	'Compliance review committee' means:
a.	An audit, loan review, or compliance committee appointed by the board of directors of an association or any other person to the extent the person acts at the direction of or reports to a compliance review committee; and
b.	Whose functions are to audit, evaluate, report, or determine compliance with any of the following:
1.	Loan underwriting standards;
2.	Asset quality;
3.	Financial reporting to federal or State regulatory agencies;
4.	Adherence to the association's investment, lending, accounting, ethical, and financial standards; or
5.	Compliance with federal or State statutory requirements.
(2)	'Compliance review documents' means documents prepared for or created by a compliance review committee.
(3)	'Loan review committee' means a person or group of persons who, on behalf of an association, reviews assets, including loans held by the association, for the purpose of assessing the credit quality of the loans or the loan application process, compliance with the association's investment and loan policies, and compliance with applicable laws and regulations.
(4)	'Person' means an individual, group of individuals, board, committee, partnership, firm, association, corporation, or other entity.
(b)	Associations chartered under the laws of North Carolina or of the United States shall maintain complete records of compliance review documents, and the documents shall be available for examination by any federal or State association regulatory agency having supervisory jurisdiction.  Notwithstanding Chapter 132 of the General Statutes, compliance review documents in the custody of an association or regulatory agency are confidential, are not open for public inspection, and are not discoverable or admissible in evidence in a civil action against an association, its directors, officers, or employees, unless the court finds that the interests of justice require that the documents be discoverable or admissible in evidence."
Sec. 3.  Article 4 of Chapter 54C of the General Statutes is amended by adding a new section to read:
"§ 54C-60.1.  Confidential records.
(a)	As used in this section:
(1)	'Compliance review committee' means:
a.	An audit, loan review, or compliance committee appointed by the board of directors of a savings bank or any other person to the extent the person acts at the direction of or reports to a compliance review committee; and
b.	Whose functions are to audit, evaluate, report, or determine compliance with any of the following:
1.	Loan underwriting standards;
2.	Asset quality;
3.	Financial reporting to federal or State regulatory agencies;
4.	Adherence to the savings bank's investment, lending, accounting, ethical, and financial standards; or
5.	Compliance with federal or State statutory requirements.
(2)	'Compliance review documents' means documents prepared for or created by a compliance review committee.
(3)	'Loan review committee' means a person or group of persons who, on behalf of a savings bank, reviews assets, including loans held by the savings bank, for the purpose of assessing the credit quality of the loans or the loan application process, compliance with the savings bank's investment and loan policies, and compliance with applicable laws and regulations.
(4)	'Person' means an individual, group of individuals, board, committee, partnership, firm, association, corporation, or other entity.
(b)	Savings banks chartered under the laws of North Carolina or of the United States shall maintain complete records of compliance review documents, and the documents shall be available for examination by any federal or State savings bank regulatory agency having supervisory jurisdiction.  Notwithstanding Chapter 132 of the General Statutes, compliance review documents in the custody of a savings bank or regulatory agency are confidential, are not open for public inspection, and are not discoverable or admissible in evidence in a civil action against a savings bank, its directors, officers, or employees, unless the court finds that the interests of justice require that the documents be discoverable or admissible in evidence."
Sec. 4.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 10th day of July, 1995.

─────────────────── 
Dennis A. Wicker
President of the Senate

─────────────────── 
Harold J. Brubaker
Speaker of the House of Representatives