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On September 10, the Kansas governor issued another executive order delaying the sunset date of several existing executive orders relating to Covid-19 to January 26, 2021, or until the statewide state of disaster emergency relating to Covid-19 expires, whichever is earlier, with some exceptions (previously covered here). Among others, the executive order delays the sunset date for the order halting certain foreclosures and evictions (previously covered here), the order extending professional and occupational licenses (previously covered here and here), as well as the order temporarily allowing remote notarizations (previously covered here).
On August 27, the Kansas Office of the State Bank Commissioner extended its remote work guidance, previously covered here and here, for mortgage companies, mortgage loan originators, supervised loan licensees, credit services organizations, money transmitters, and credit notification registrants. Licensed or registered individuals and entities are permitted to work from their residences or a company designated location, provided certain requirements are met, through December 31, 2020.
On August 17, the Kansas governor issued Executive Order No. 20-61, which imposes restrictions on foreclosures and evictions. Banks and lending entities are prohibited from foreclosing on residential properties in Kansas where all defaults or violations of the mortgage are substantially caused by a financial hardship resulting from the Covid-19 pandemic, subject to certain exemptions. Landlords are similarly prohibited from evicting a residential tenant when all defaults or violations of the rental agreement are substantially caused by a financial hardship resulting from the pandemic. Banks, financial lending entities, or landlords initiating judicial foreclosure or eviction proceedings after August 17, 2020, bear the burden of pleading and proving that the foreclosure or eviction is not solely based on defaults or violations resulting from financial hardships resulting from the pandemic. The order does not apply to foreclosures initiated by the U.S. government.
On July 8, the Kansas governor issued Executive Order No. 20-55, which amends provisions in Kansas law related to drivers’ license and vehicle registration during the state of disaster emergency. Among other things, the executive order extends the deadline for new Kansas owners that have purchased a new or used motor vehicle on or after January 1, 2020, to make an application for vehicle transfer, certificate of title, and registration. The applicable deadline depends upon when the motor vehicle was purchased.
On July 7, the Kansas Office of the State Bank Commissioner again extended its remote work guidance for mortgage companies, mortgage loan originators, supervised loan licenses, credit service organizations, money transmitters, and credit notification registrations, previously covered here. With the update, working from home is permitted through September 15.
On June 11, the Kansas Office of the State Bank Commissioner extended its remote work guidance, previously covered here, for mortgage companies, mortgage loan originators, supervised loan licensees, credit services organizations, money transmitters, and credit notification registrants. Licensed or registered individuals and entities are permitted to work from their residences or a company designated location, provided certain requirements are met, through July 15, 2020.
On May 26, the Kansas governor issued Executive Order 20-40, which temporarily permits notaries and witnesses to use audio-video technology for notarial acts during the state of disaster emergency. The order requires that (i) the notary public and the individual signing the document both be physically located in Kansas while performing the notarial act, (ii) the notary public identify the individual signing the document by personal knowledge or documentary evidence, and (iii) the transaction follow any guidance posted by the Kansas secretary of state on its website, among other conditions.
On May 26, the Kansas governor issued Executive Order 20-39 requiring all state agencies to extend renewal deadlines for any occupational or professional license, certificate, permit, or registration that has or will expire during the state of disaster emergency. The extension will be granted to any individual or organization that was in good standing as of March 12, 2020, and will last until 90 days after termination of the emergency.
Kansas Insurance Department Covid-19 FAQs contain guidance for insurance companies and broker-dealers
On May 11, the Kansas Insurance Department updated its Covid-19 FAQs, which, among other things, address how the department is handling licensing for insurance agents and registration for broker-dealers and investment advisers during the pandemic.
On May 11, the Kansas Office of the State Bank Commissioner (OSBC) issued guidance regarding the re-opening of closed bank lobbies and branches due to Covid-19. The OSBC expects that bank lobbies and branches closed due to the pandemic will begin a gradual reopening, in line with the statewide phased approach, with the objective of a full re-opening by June 15, 2020. However, banks operating across multiple counties are encouraged to consult county-level re-opening procedures, which may be more stringent than state-level procedures. The guidance also acknowledges that certain branches with limited or restricted access may not be able to re-open. The OSBC requests that banks provide written notice of the effective dates of branch and lobby re-openings, even if those re-openings are staggered within the organization.
- Daniel R. Alonso to discuss internal investigations at the Institute of Internal Auditors of Argentina Spanish-language webinar
- Jonice Gray Tucker to discuss “Fintech trends” at the BIHC Network Elevating Black Excellence Regional Summit
- Jeffrey P. Naimon to discuss "Truth in lending” at the American Bar Association National Institute on Consumer Financial Services Basics
- Daniel R. Alonso to discuss anti-money-laundering at FELABAN Spanish-language webinar “Perspective for banks: LAFT, FINCEN, OFAC, Cryptocurrency”
- Daniel R. Alonso to discuss "What’s new in BSA/AML compliance?" at the Institute of International Bankers Regulatory Compliance Seminar
- Marshall T. Bell and John R. Coleman to speak at 2021 AFSA Annual Meeting
- Jon David D. Langlois to discuss "Regulatory update: What you need to know under the new boss; It won’t be the same as the old boss" at the IMN Residential Mortgage Service Rights Forum (East)
- Benjamin B. Klubes to discuss “Creating a Fantastic Workplace Culture”
- John R. Coleman and Amanda R. Lawrence to discuss “Consumer financial services government enforcement actions – The CFPB and beyond” at the Government Investigations & Civil Litigation Institute Annual Meeting
- Jonice Gray Tucker to discuss "Consumer financial services" at the Practising Law Institute Banking Law Institute
- Jonice Gray Tucker to discuss “Regulators always ring twice: Responding to a government request” at ALM Legalweek