{"data":{"id":"us-ks/k.s.a.-9-2304","jurisdiction":"us-ks","citation":"K.S.A. 9-2304","heading":"Provisions of state banking code applicable; exceptions; conflict of law.","body":"(a) To the extent a conflict does not exist between this act and chapter 9 of the Kansas Statutes Annotated, and amendments thereto, except as provided in subsections (b), (c) and (e), the provisions of chapter 9 of the Kansas Statutes Annotated, and amendments thereto, shall apply to a fiduciary financial institution in the same manner as it applies to a trust company except that references in chapter 9 of the Kansas Statutes Annotated, and amendments thereto, to:\n(1) \"Capital stock\" includes membership capital and partner capital;\n(2) \"stock\" includes membership units and partnership interests;\n(3) \"common stock\" includes common units and common interests;\n(4) \"preferred stock\" includes preferred units and preferred interests;\n(5) \"stockholders\" includes members and partners;\n(6) \"articles of incorporation\" includes articles of organization and articles of limited partnership;\n(7) \"incorporation\" includes organization;\n(8) \"corporation\" includes company and partnership;\n(9) \"corporate\" includes company and partnership;\n(10) \"trust business\" and \"business of a trust company\" includes fidfin and fiduciary financial institution business; and\n(11) K.S.A. 9-901a(a), and amendments thereto, means K.S.A. 9-2305, and amendments thereto.\n(b) For a Kansas-chartered state trust company that receives authority to engage in fidfin transactions under K.S.A. 9-2302(b), and amendments thereto, the provisions of subsection (a) shall not apply, however, references in chapter 9 of the Kansas Statutes Annotated, and amendments thereto, to \"trust business\" and \"business of a trust company\" include fidfin and fiduciary financial institution business.\n(c) For a Kansas-chartered state bank that receives authority to engage in fidfin transactions under K.S.A. 9-2302(b), and amendments thereto, the provisions of subsection (a) shall not apply, however, the provisions of chapter 9 of the Kansas Statutes Annotated, and amendments thereto, shall apply in the same manner as they would apply to a trust department of such bank, except that references in chapter 9 of the Kansas Statutes Annotated, and amendments thereto, to \"trust business\" and \"business of a trust company\" include fidfin and fiduciary financial institution business.\n(d) (1) Except as provided in paragraph (2), if any conflict exists between any provisions of chapter 9 of the Kansas Statutes Annotated, and amendments thereto, and this act, the provisions of this act shall control.\n(2) If the fiduciary financial institution is a bank department or trust company that received authority to engage in fidfin transactions under K.S.A. 9-2302(b), and amendments thereto, the provisions of this act shall only control with regard to fidfin transactions as authorized under K.S.A. 9-2302(b), and amendments thereto.\n(e) The provisions of this section shall not apply to an out-of-state financial institution.","path":["Chapter 9.—BANKS AND BANKING; TRUST COMPANIES","Article 23.—TECHNOLOGY-ENABLED FIDUCIARY FINANCIAL INSTITUTIONS"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch09/009_023_0004.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:10:05Z","sha256":"c631fb0eae552ea70112a3553749ebe3158e09703839ec77a5c533de039bd41f","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-9-2303","next":"us-ks/k.s.a.-9-2305"},"notice":"GroundRules: Original legal text. Not legal advice."}