AN ACT TO ENACT THE FAIR ACCESS TO FINANCIAL SERVICES ACT.
Enacts new GS Chapter 53D, Fair Access to Financial Services Act, providing as follows. Requires a financial institution operating in this state to make each financial product or service it offers available on proportionally equal terms to all persons engaged in a lawful activity. Prohibits denying a person engaged in a lawful activity a financial product or service based on a personal, ideological, moral, or political opinion. Requires a financial institution operating in this state to include a directive to comply with this GS Chapter in its written policies and procedures. Defines financial institution as: (1) a banking corporation, trust company, savings and loan association, credit union, or other person principally engaged in the business of lending money or receiving or soliciting money on deposit or (2) payment processing platform or credit card company.
Allows the North Carolina Commissioner of Banks (Commissioner) to, after notice and opportunity for hearing, to revoke, suspend, or refuse to renew a financial institution's charter, license, or registration when there is a violation of this Chapter.
Allows the Commissioner to examine a financial institution chartered or licensed by or registered with the Commissioner, with costs and expenses paid by the institution.
Allows the Commissioner to receive complaints about a financial institution chartered or licensed by or registered with the Commissioner and allows examination of the institution upon receiving the complaint.
Sets out provisions governing the confidentiality of information received by the Commissioner and for agreements for sharing that information.
Allows the Commissioner to adopt rules to enforce this Chapter. Allows a person aggrieved by any rule adopted or order issued by the Commissioner to appeal to the State Banking Commission for review upon providing a written notice of appeal within 20 days after the rule was adopted or order was issued. Sets out what must be included in the notice of appeal. Allows any party aggrieved by a decision of the State Banking Commission to petition for judicial review.
Allows the North Carolina Administrator of Credit Unions (Administrator) to, after notice and opportunity for hearing, revoke or suspend a credit union's certificate of approval for violations of this Chapter. Allows the Administrator to examine a credit union that is under the Administrator's supervision, with costs paid by the credit union. Allows the Administrator to receive a complaint from a person regarding a credit union under the Administrator's supervision and examine the credit union upon receiving the complaint. Allows the Administrator to adopt rules to enforce this Chapter.
Effective October 1, 2021.
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