Title 13 · WY
13-1-401(a)(ii) and, for purposes of this article, shall include
Citation: Wyo. Stat. § 13-1-401
Section: 13-1-401
13-1-401(a)(ii) and, for purposes of this article, shall include broker-dealers as defined in W.S. 17-4-102(a)(iv) and investment advisers as defined in W.S. 17-4-102(a)(xv);
(v) "Investment adviser representative" means as defined in W.S. 17-4-102(a)(xvi); (vi) "Qualified person" means any agent, investment adviser representative or person who serves in a supervisory, compliance or legal capacity for a financial institution;
(vii) "Vulnerable adult" means as defined by W.S. 35- 20-102(a)(xviii).
13-1-702. Reporting financial exploitation of vulnerable adults.
(a) If a qualified person has cause to believe that financial exploitation of a vulnerable adult has occurred, is occurring or has been attempted, the qualified person shall notify the financial institution of the suspected financial exploitation.
(b) If a financial institution is notified of suspected financial exploitation under subsection (a) of this section or otherwise has cause to believe that financial exploitation of a vulnerable adult has occurred, is occurring or has been attempted, the financial institution shall assess the suspected financial exploitation and, if warranted, submit a report to the department containing the same information under W.S. 35-20- 103(b). The financial institution shall submit the report required by this subsection not later than the earlier of:
(i) The date the financial institution completes its assessment of the suspected financial exploitation; or
(ii) Five (5) business days after the date the financial institution is notified of the suspected financial exploitation under subsection (a) of this section or otherwise has cause to believe that the financial exploitation of a vulnerable adult has occurred, is occurring or has been attempted.
(c) A financial institution that submits a report to the department of suspected financial exploitation of a vulnerable adult under subsection (b) of this section is not required to make an additional report of suspected abuse, neglect or exploitation under W.S. 35-20-103 for the same conduct constituting the reported suspected financial exploitation.
(d) Each financial institution shall adopt internal policies, programs, plans or procedures for: (i) The qualified persons of the financial institution to make the notifications required under subsection (a) of this section; and
(ii) The financial institution to conduct the assessment and submit the report required under subsection (b) of this section.
(e) The policies, programs, plans or procedures adopted under subsection (d) of this section may authorize the financial institution to report the suspected financial exploitation of a vulnerable adult to any appropriate state or federal agency in addition to the department, including any appropriate law enforcement agency.
13-1-703. Notifying third parties of suspected financial exploitation of vulnerable adults.
If a financial institution submits a report of suspected financial exploitation of a vulnerable adult to the department under this article, the financial institution may, at the time the financial institution submits the report, also notify a third party reasonably associated with the vulnerable adult of the suspected financial exploitation of the vulnerable adult, unless the financial institution suspects the third party of financial exploitation of the vulnerable adult.
13-1-704. Temporary hold on transactions.
(a) Notwithstanding any other state law, a financial institution:
(i) May place a hold on any transaction that involves an account of a vulnerable adult or that contains the vulnerable adult's assets or property if the financial institution:
(A) Submits a report of suspected financial exploitation of the vulnerable adult to the department as required under this article; and
(B) Has cause to believe the transaction is related to the suspected financial exploitation alleged in the report.
(ii) Shall place a hold on any transaction involving an account of a vulnerable adult if the hold is requested by the department or a law enforcement agency. (b) Subject to subsection (c) of this section, a hold placed on any transaction under subsection (a) of this section shall not exceed five (5) business days after the date the hold is placed.
(c) A financial institution may extend a hold placed on any transaction under subsection (a) of this section for a period not to exceed thirty (30) business days after the expiration of the period prescribed by subsection (b) of this section if requested by a state or federal agency or a law enforcement agency investigating the suspected financial exploitation of a vulnerable adult. The financial institution may also petition a court to extend a hold placed on any transaction under subsection (a) of this section beyond the period prescribed by subsection (b) of this section. A court may enter an order extending a hold or providing other relief.
(d) Each financial institution shall adopt internal policies, programs, plans or procedures for placing a hold on a transaction involving an account of a vulnerable adult under this section.
13-1-705. Immunity.
(a) A qualified person who provides notification under W.S. 13-1-702(a), a financial institution that submits a report under W.S. 13-1-702(b) or provides notification to a third party under W.S. 13-1-703 and a qualified person or financial institution that testifies or otherwise participates in a judicial proceeding arising from a notification or report under this article is immune from any civil liability arising from the notification, report, testimony or participation in the judicial proceeding, unless the qualified person or financial institution acted in bad faith or with a malicious purpose.
(b) A financial institution that in good faith and with the exercise of reasonable care places or does not place a hold on any transaction under W.S. 13-1-704(a) is immune from any civil liability or disciplinary action resulting from that action or failure to act.
13-1-706. Records.
To the extent permitted by state and federal law, a financial institution shall provide, on request, access to or copies of records relevant to the suspected financial exploitation of a vulnerable adult to the department, a law enforcement agency or a district attorney's office, either as part of a report to the department, law enforcement agency or district attorney's office or at the request of the department, law enforcement agency or district attorney's office in accordance with an investigation. Access to records of transactions provided under this section shall be limited to sixty (60) days before the first transaction suspected of involving financial exploitation to sixty (60) days after the last transaction suspected of involving financial exploitation.
ARTICLE 7 - OPEN BANKING
13-1-801. Definitions.
(a) For purposes of this article:
(i) "Customer data" means a customer's banking, transaction and other financial data;
(ii) "Express written consent" means a customer's affirmative written response to a clear and conspicuous notice regarding the collection, use or disclosure of customer data for the purposes of open banking;
(iii) "Open banking" means providing access, directly or indirectly, to customer data from the customer's bank to a third-party financial service provider with the express written consent of the customer and through the use of application programming interfaces.
(iv) "Customer" means a natural person or an agent, trustee or representative acting on behalf of a natural person.
13-1-802. Open banking authorized; regulation.
(a) A bank may participate in and provide for open banking.
(b) A bank participating in and providing for open banking shall comply with all applicable state and federal laws and regulations including laws and regulations related to the protection and use of customer data. Prior to providing access to any customer data under this section the participating bank shall obtain a customer's express written consent. (c) The commissioner shall adopt rules regulating the collection, use and disclosure of customer data in open banking, consistent with all applicable state and federal laws and regulations.
CHAPTER 2 - ORGANIZATION OF BANKS
ARTICLE 1 - POWERS
13-2-101. Generally.
(a) Each bank may:
(i) Make contracts in its corporate name;
(ii) Sue and be sued;
(iii) Lend money on real and personal securities;
(iv) Buy, sell and discount bills of exchange, notes and all other written evidence of debt except as otherwise provided;
(v) Receive notes, buy and sell gold and silver coins and bullion where permitted by federal law;
(vi) Collect and pay over money;
(vii) Transact all other business pertaining to banking subject to the provisions and restrictions of this act;
(viii) Operate a savings department;
(ix) Operate a trust department and exercise all powers enumerated by W.S. 13-5-510(b) and 34-29-104;
(x) Act as executor, administrator, trustee, receiver, assignee or guardian of any estate, minor, incompetent or other persons subject to guardianship, and accept appointments by any court in connection with any of the foregoing. In the case of such appointment, or in case the bank shall be named as executor in any will or assignee of any assignment for the benefit of creditors, the bank shall not be required to give any bond or security unless directed by an order of the court making such appointment, or having jurisdiction of such will or assignment; (xi) Sell insurance or annuities, provided however, all bank-related sales of insurance and annuities shall be in accordance with the Wyoming Insurance Code and subject to all other applicable state and federal laws and rules and regulations governing bank-related sale of insurance or annuities;
(xii) Engage in any activity that is usual or incidental to the business of banking, subject to the prior written approval of the commissioner. The commissioner shall not approve a request to engage in an incidental activity if he finds that the requested activity will adversely affect the safety and soundness of the bank; and
(xiii) Engage in any activity in which a federally chartered insured depository institution as defined by W.S.