2024 Regular Session ENROLLED
SENATE BILL NO. 428
BY SENATOR FOIL
1 AN ACT
2 To amend and reenact R.S. 6:333(C)(2)(b) and (G), relative to banks and banking; to
3 provide for disclosures by a bank or any affiliate; to provide relative to requests of
4 bank disclosure records; to provide for terms and conditions; to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 6:333(C)(2)(b) and (G) are hereby amended and reenact to read as
8 follows:
9 ยง333. Disclosure of financial records; reimbursement of costs
10 * * *
11 C. A bank may disclose financial records pursuant to a disclosure demand if
12 each of the following conditions are met:
13 * * *
14 (2) Prior to the return date, the person requesting the issuance of the
15 disclosure demand furnishes the bank with an affidavit certifying both of the
16 following:
17 * * *
18 (b) That such service was made at least fifteen thirty business days prior to
19 the return date.
20 * * *
21 G. A bank shall be given a reasonable period of time prior to the return date,
22 and in no event less than fifteen thirty business days prior thereto, in which to
23 complete the action necessary to disclose financial records which are the subject of
24 a request. Whether the bank is a party to litigation or not, prior to making any
25 disclosure and notwithstanding any contrary provisions of this Section, R.S. 13:4521,
26 Code of Civil Procedure Article 2411, or of any other law, the bank shall be
ACT No. 351
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 428 ENROLLED
1 reimbursed by the requesting person for the reasonable fees and costs incurred or to
2 be incurred by the bank in the course of compliance with the request, including but
3 not limited to document reproduction costs, research and processing costs, personnel
4 costs, and travel expenses, whether any or all such costs are internal costs or are
5 costs incurred by the bank in favor of a person acting on behalf of or performing
6 services for the bank. If the bank and the requesting party disagree as to the amount
7 of the fees and costs to be reimbursed to the bank under this Section, the bank need
8 not produce the financial records, until the court or other appropriate body issuing
9 the disclosure demand has fixed the amount to be paid to the bank upon a motion of
10 any party or the bank. The court or other appropriate body, in its discretion, may
11 order a contradictory hearing to fix the fees and costs to be reimbursed.
12 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.