Kansas Statutes Annotated
Updated Through the 2015 Legislative Session

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Statute Number:9-1125
Chapter Title:BANKS AND BANKING; TRUST COMPANIES
Article Title:BANKING CODE; POWERS
Tax Type:Privilege
Brief Description:Same; unreasonable discrimination in providing services prohibited;
exceptions.
Keywords:


Body:

9-1125.Same; unreasonable discrimination in providing services prohibited; exceptions.No bank service company shall unreasonably discriminate in the provision of any services authorized under K.S.A.9-1124through9-1127c, and amendments thereto, to any depository institution that does not own stock in the service company on the basis of the fact that the nonstockholding institution is in competition with an institution that owns stock in the bank service company, except:
(a) It shall not be considered unreasonable discrimination for a bank service company to provide services to a nonstockholding institution only at a price that fully reflects all of the costs of offering those services, including the cost of capital and a reasonable return thereon; and
(b) a bank service company may refuse to provide services to a nonstockholding institution if comparable services are available from another source at competitive overall costs or if the providing of services would be beyond the practical capacity of the service company. In any action or proceeding to enforce the duty imposed by this section, or for damages for the breach thereof, the burden shall be upon the bank service company to show such availability or practical capacity.
History:L. 1963, ch. 64, 3; L. 1984, ch. 48, 12; L. 2015, ch. 38, 58; July 1.



Date Composed: 12/03/2015 Date Modified: 12/04/2015

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