443.733. Supervisory information sharing--confidentiality requirements.

MISSOURI STATUTES AND CODES

443.733. Supervisory information sharing--confidentiality requirements.

Supervisory information sharing--confidentiality requirements.

443.733. In order to promote more effective regulation and reduceregulatory burden through supervisory information sharing:

(1) Except as otherwise provided in Public Law 110-289, Section 1512,the requirements under any federal law and sections 361.070 and 361.080,RSMo, regarding the privacy or confidentiality of any information ormaterial provided to the director and to the NMLSR by a licensee or by thedirector, and any privilege arising under federal or state law, includingthe rules of any federal or state court with respect to such information ormaterial, shall continue to apply to such information or material after theinformation or material has been disclosed to the NMLSR. Such informationand material may be shared with all state and federal regulatory officialswith mortgage industry oversight authority without the loss of privilege orthe loss of confidentiality protections provided by federal law or bysections 361.070 and 361.080, RSMo;

(2) The director is authorized to enter agreements or sharingarrangements with other governmental agencies, the Conference of State BankSupervisors, the American Association of Residential Mortgage Regulators,or other associations representing governmental agencies as established byrule or order of the director;

(3) Information or material that is subject to a privilege orconfidentiality under subdivision (1) of this section shall not be subjectto:

(a) Disclosure under any federal or state law governing thedisclosure to the public of information held by an officer or an agency ofthe federal government or the respective state; or

(b) Subpoena or discovery, or admission into evidence, in any privatecivil action or administrative process, unless with respect to anyprivilege held by the NMLSR with respect to such information or material,the person to whom such information or material pertains waives, in wholeor in part, in the discretion of such person, that privilege;

(4) Confidential supervisory information obtained under sections443.701 to 443.893 shall be regarded as closed records under chapter 610,RSMo;

(5) This section shall not apply to the information or materialrelating to the employment history of and publicly adjudicated disciplinaryand enforcement actions against mortgage loan originators or residentialmortgage loan brokers that is included in the NMLSR for access by thepublic.