Md. Code, Financial Institutions, Title 1

Md. Code, Financial Institutions, Title 1
in effect

Md. Code, Financial Institutions § 1-101

(a) In this article, unless the context clearly requires otherwise, the following words have the meanings indicated. (b) “Address” means post office address, including, if applicable, street and number, municipal area or county, state, and, if outside of the United States, country. (c) “Any state” means: (1) Any state, possession, or territory of the United States; (2) The District of Columbia; or (3) The Commonwealth of Puerto Rico. (d) “Banking institution” means an institution that is incorporated under the laws of this State as a State bank, trust company, or savings bank. (e) “Charter” has the meaning stated in § 1–101 of the Corporations and Associations Article. (f) “Commercial bank” means an institution that is incorporated under the laws of this State as a State bank or trust company. (g) “Commissioner” means the Commissioner of Financial Regulation in the Maryland Department of Labor. (h) “County” means a county of this State and, unless otherwise indicated, Baltimore City. (i) “Credit union” means a credit union that is incorporated under the laws of this State as a credit union. (j) “Financial institution” means any financial institution of the type supervised under this article, whether or not State–chartered. (k) (1) “Foreign bank” means any financial institution or other institution that engages in banking activities that are usual in connection with the business of banking in the nations in which the institution is organized or operates. (2) “Foreign bank” does not include a bank organized under the laws of any state or a national banking association that has its headquarters in any state. (l) “Includes” or “including” means includes or including by way of illustration and not by way of limitation. (m) “Mail” means to deposit in the United States mail, postage prepaid. (n) “Mortgage” includes a deed of trust that secures a debt or the performance of an obligation. (o) “Municipal area” means a municipal corporation or an unincorporated city, town, or village. (p) “National banking association” means an institution that is incorporated under federal law as a bank. (q) “Nationwide Mortgage Licensing System and Registry” or “NMLS” means a multistate uniform licensing system developed and maintained by the Conference of State Bank Supervisors, or by a subsidiary or an affiliate of the Conference of State Bank Supervisors, that may be used for the licensing and registration of persons required to be licensed or registered under this article or the Commercial Law Article. (r) “Other–state bank” means a bank chartered and primarily regulated by another state. (s) “Other–state credit union” means a credit union chartered and primarily regulated by another state. (t) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. (u) “Political subdivision” means: (1) A county or municipal corporation of this State; and (2) Unless the context requires otherwise, a special taxing district of this State. (v) “Real property” includes any interest in real property. (w) “Regulated entity” means a person who is licensed or chartered by the Office of Financial Regulation. (x) (1) “Third–party service provider” means a person who performs activities relating to financial services on behalf of a regulated entity for that regulated entity’s customers. (2) “Third–party service provider” includes a person who provides: (i) Data processing services; (ii) Activities that support financial services, including: 1. Lending; 2. Funds transfer; 3. Fiduciary activities; 4. Trading activities; and 5. Deposit taking; (iii) Internet–related services, including: 1. Web services and electronic bill payments; 2. Mobile applications; 3. System and software development and maintenance; and 4. Security monitoring; or (iv) Any other similar activity the Commissioner designates by regulation as related to financial services. (3) “Third–party service provider” does not include: (i) A provider of an interactive computer service or a general audience Internet or communications platform, except to the extent that the service or platform is specially designed or adapted for financial services and activities related to financial services; or (ii) Any person that controls, or is under common control with, an entity licensed by the Commissioner unless the person performs for the licensed entity any of the activities described in paragraph (2) of this subsection. (y) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

Md. Code, Financial Institutions § 1-202

(a) A requirement in this article that a document be acknowledged means that the document shall be acknowledged by an individual: (1) As the act of that individual; or (2) If the document is that of a corporate or other entity, as the act of that entity. (b) A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties for perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration. (c) The acknowledgment or verification shall be made: (1) Before an individual authorized to take acknowledgments or administer oaths; or (2) By a signed statement of acknowledgment or verification that: (i) Is in the document or attached to and made part of the document; and (ii) As to a verification, states that the statement is made under the penalties for perjury. (d) If the procedures provided in subsection (c)(2) of this section are used: (1) A statement of acknowledgment has the same legal effect as an acknowledgment made before an individual authorized to take acknowledgments; and (2) A statement of verification subjects the individual making the statement to the penalties for perjury to the same extent as if the statement had been verified under oath before an individual authorized to administer oaths.

Md. Code, Financial Institutions § 1-203

Before any license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority: (1) A certificate of compliance with the Maryland Workers’ Compensation Act; or (2) The number of a workers’ compensation insurance policy or binder.

Md. Code, Financial Institutions § 1-204

(a) A provision in an account agreement for a transfer on death in compliance with this section is nontestamentary and shall be effective according to the provisions of this section. Transfers pursuant to this section are effective in the form and manner prescribed by this section and are not to be considered testamentary. (b) (1) In this section the following words have the meanings indicated. (2) (i) “Account” means any type of deposit or share account at a depository institution. (ii) “Account” includes: 1. Checking and other demand deposit accounts; 2. Negotiable order of withdrawal and other savings accounts; 3. Share draft accounts; and 4. Certificated and uncertificated time deposit accounts. (3) “Account agreement” means a written agreement, whether in one or more instruments, that establishes the type of account, the terms of account, and the relationship between the depository institution and the party or parties to the account. (4) “Beneficiary” means any person designated on a trust account as a person: (i) To whom the account belongs after the death of all trustees for the account; and (ii) Who does not possess a present right to draw upon funds in the account during the lifetime of any trustee for the account. (5) “Convenience person” means any person who is authorized to draw upon funds in an account: (i) Under a power of attorney given by one or more parties to the account; or (ii) By virtue of a designation in the account agreement appointing that person as agent of a party or the parties to the account for the convenience of the party or parties. (6) “Depository institution” means any State–chartered or federally chartered financial institution, other–state bank, or foreign bank that: (i) Is located in this State or maintains a branch in this State; and (ii) Is authorized to maintain accounts. (7) “Joint account” means any account other than a P.O.D. account or a trust account established in the name of two or more parties. (8) (i) “Multiple–party account” means any of the following types of accounts at a depository institution: 1. Joint account; 2. P.O.D. account; or 3. Trust account. (ii) “Multiple–party account” does not include any: 1. Account established and designated for the deposit of funds of a corporation, partnership, joint venture, limited liability company, or other association of persons for business purposes; 2. Account established and designated for the deposit of funds of a charitable or civic organization; 3. Fiduciary account where the relationship is established other than by the account agreement; 4. Account established and designated as governed under the Maryland Uniform Transfers to Minors Act; 5. Account established and designated as governed under Title 13, Subtitle 4 of the Estates and Trusts Article; or 6. Account that would not be a multiple–party account except for the fact that one or more convenience persons are authorized to draw upon funds in the account. (9) (i) “Party” means any person who, by the terms of the account agreement, possesses a present right to draw upon funds in a multiple–party account. (ii) “Party” includes a trustee of a trust account. (iii) “Party” does not include a: 1. Beneficiary of a trust account; 2. P.O.D. payee of a P.O.D. account; or 3. Convenience person. (10) “P.O.D. account” means any account established in the name of one or more parties where funds in the account may be drawn upon: (i) By one party during the party’s lifetime and by one or more P.O.D. payees on the party’s death; or (ii) By one or more parties during their respective lifetimes and, upon the death of all the parties, by one or more P.O.D. payees. (11) “P.O.D. payee” means any person designated on a P.O.D. account as a person: (i) To whom the account belongs after the death of all parties to the account; and (ii) Who does not possess a present right to draw upon funds in the account during the lifetime of any party to the account. (12) (i) “Power of attorney” means any writing signed by one or more parties to an account that authorizes one or more persons to draw upon funds in the account as agent or agents for the signing party or parties. (ii) The designation of a person as a convenience person on an account shall be deemed to be a durable power of attorney appointing that person as agent for the party or parties to the account regardless of any disability of the party or parties subsequent to the designation. (13) (i) “Trust account” means any account established in the name of one or more parties as trustees for one or more beneficiaries where: 1. None of the beneficiaries is also a trustee; 2. The trust relationship is established by the account agreement; and 3. There is no corpus of the trust other than the funds in the account. (ii) “Trust account” does not include a: 1. Trust account under a testamentary trust, declaration of trust, or a trust agreement that has significance apart from the account; or 2. Fiduciary account arising from a fiduciary relationship. (c) (1) A depository institution is authorized to establish multiple–party accounts subject to the terms of this section. (2) Multiple–party accounts established on or after October 1, 1993, shall be subject to and comply with the terms of this section. (3) A multiple–party account established before October 1, 1993, shall be subject to and comply with the terms of this section if: (i) The parties expressly state in an account agreement that complies with subsection (e) of this section that the account shall be subject to the terms of this section; or (ii) 1. The depository institution gives a written notice that: A. States that the law applicable to the account has changed; B. States that the party’s rights under the account may change because of the change in law; and C. Repeats the provisions of subsection (d) of this section; and 2. After that notice is given, any party to the account: A. Increases or decreases the amount of the deposit in the account; B. Presents evidence of the account for crediting of interest; C. Corresponds or responds in writing with the depository institution concerning the account without rejecting in writing the provisions of this section; or D. Otherwise indicates approval of the account being governed by this section as evidenced by a writing on file with the depository institution. (d) (1) Upon the death of a party to a multiple–party account, the right to any funds in the account shall be determined in accordance with the express terms of the account agreement. (2) If the account agreement does not expressly establish the right to funds in the account upon the death of a party, or if there is no account agreement, any funds in the account upon the death of a party shall belong to the surviving party or parties. (3) Unless the account agreement expressly provides otherwise, upon the death of the last party to a multiple–party account, any funds remaining in the account shall belong to: (i) The beneficiaries of a trust account who are then living; (ii) The P.O.D. payees of a P.O.D. account who are then living; or (iii) Subject to paragraph (4) of this subsection, the personal representative of: 1. The last surviving party of a trust account if no beneficiary is then living; 2. The last surviving party of a P.O.D. account if no P.O.D. payee is then living; or 3. The last surviving party of a joint account. (4) No payment from a multiple–party account may be made to the personal representative of a deceased party unless: (i) Proof is presented to the depository institution showing that the deceased party was the last surviving party; or (ii) There is no right of survivorship under this section. (5) If there is no right of survivorship under this section, the depository institution may make payment from a multiple–party account to the personal representative of a deceased party without liability to: (i) Any other party; or (ii) Any party’s heirs, personal representatives, or assigns. (6) No funds in an account shall belong to any convenience person by reason of that capacity. (e) (1) Each account agreement for a multiple–party account opened on or after October 1, 1993, shall contain a clear and conspicuous written statement specifying that unless contrary direction is given in the account agreement, upon the death of a party, the funds in the multiple–party account shall belong to the surviving party or parties. (2) For multiple–party accounts opened on or after October 1, 1993, the depository institution shall give to the account party or parties: (i) A copy of the account agreement; or (ii) A written notice identifying the type of account, the survivorship rights of the parties to the account, and the method by which the account party or parties can obtain a copy of the account agreement. (f) Unless the account agreement expressly provides otherwise, the funds in a multiple–party account may be withdrawn by any party or by a convenience person for any party or parties, whether or not any other party to the account is incapacitated or deceased. (g) A depository institution may presume that an account established by the parties as a trust account complies with the definitional requirements of a trust account as set forth in subsection (b) of this section unless, prior to the establishment of the account, the depository institution is provided with written notice to the contrary. (h) Any written materials required by this section to be given to account parties: (1) Shall be deemed given if: (i) Delivered in person to any one of the account parties; or (ii) Mailed to the account party or parties by first–class mail, postage prepaid, to the address for the account shown on the records of the depository institution; and (2) May be provided along with or as part of other materials given to account parties. (i) (1) A person who has an ownership interest in an account that is not a multiple–party account may designate another person as a convenience person on that account. (2) No funds in the account shall belong to any convenience person by reason of that capacity.

Md. Code, Financial Institutions § 1-205

(a) (1) In this section the following words have the meanings indicated. (2) “Compliance review committee” means: (i) An audit, loan review, or compliance committee appointed by the board of directors of a depository institution; or (ii) Any other person to the extent the person acts in an investigatory capacity at the direction of a compliance review committee. (3) “Compliance review documents” means documents prepared for or created by a compliance review committee. (4) “Depository institution” means a State–chartered or federally chartered financial institution located in this State that is authorized to maintain deposit or share accounts. (5) “Loan review committee” means a person or group of persons who, on behalf of a depository institution, reviews loans held by the institution for the purpose of assessing the credit quality of the loans, compliance with the institution’s loan policies, and compliance with applicable laws and regulations. (6) “Person” means an individual, group of individuals, board, committee, partnership, firm, association, corporation, or other entity. (b) This section applies to a compliance review committee whose functions are to evaluate and seek to improve: (1) Loan underwriting standards; (2) Asset quality; (3) Financial reporting to federal or State regulatory agencies; or (4) Compliance with federal or State statutory or regulatory requirements. (c) Except as provided in subsection (d) of this section: (1) Compliance review documents are confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee; and (2) Compliance review documents delivered to a federal or State governmental agency remain confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee. (d) Subsection (c) of this section does not apply to any information required by statute or regulation to be maintained by or provided to a governmental agency while the information is in the possession of the governmental agency to the extent applicable law expressly authorizes its disclosure. (e) This section may not be construed to limit the discovery or admissibility in any civil action of any documents that are not compliance review documents.

Md. Code, Financial Institutions § 1-206

(a) In this section, “fiduciary deposit surety bond” means a surety bond that: (1) Guarantees the payment of deposited funds awaiting distribution or investment held by a financial institution in a fiduciary capacity; and (2) Subject to the terms and conditions of the bond, is irrevocable and absolute. (b) Except as provided in §§ 6-202 and 6-209 of the State Finance and Procurement Article, if applicable law requires a deposit made by a financial institution to be collateralized, the financial institution may take as collateral for the deposit, in addition to any other permissible collateral, a fiduciary deposit surety bond issued by an insurance company authorized to do business in this State, the claims-paying ability of which is rated in the highest category by at least two nationally recognized statistical rating agencies.

Md. Code, Financial Institutions § 1-208

(a) The directors and officers of a financial institution shall develop and implement written: (1) Policies governing real estate appraisal; and (2) Procedures governing the hiring and performance of real estate appraisers. (b) The procedures required under subsection (a)(2) of this section shall set forth specific factors to be considered by the financial institution’s directors and officers, including: (1) Whether the appraiser is licensed or certified under the Business Occupations and Professions Article; and (2) The real estate appraiser’s: (i) Professional education; and (ii) Experience in real estate appraising. (c) Prior to implementation, a financial institution shall submit its real estate appraisal policies and procedures to the Commissioner for review and approval.

Md. Code, Financial Institutions § 1-209

(a) Only the State may enact a law which purports to regulate extensions of credit made by a financial institution. (b) This section does not: (1) Affect federal law preemption of State law; (2) Restrict or otherwise affect local laws that establish property ownership or the rights and obligations of property owners; (3) Restrict or otherwise affect a local government’s ability to regulate its fiscal, economic, or community development policy; (4) Restrict or otherwise affect a local government’s ability to enact laws or adopt regulations relating to fair housing or other civil rights; or (5) Restrict or otherwise affect a local government’s ability to establish or administer loan programs to assist residents with financial needs.

Md. Code, Financial Institutions § 1-210

(a) (1) In this section the following words have the meanings indicated. (2) “Account agreement” means one or more written instruments that establish when a certificate of deposit is payable. (3) “Certificate of deposit” means a deposit or share account at a depository institution that: (i) Is payable by the depository institution at the expiration of a specified time; and (ii) May be transferable or nontransferable, negotiable or nonnegotiable, and renewable or nonrenewable. (4) “Depository institution” means a State-chartered or federally chartered financial institution located in the State that is authorized to maintain certificates of deposit. (5) “Maturity date” means the time specified in an account agreement when a certificate of deposit is first payable, without taking into account any agreement regarding renewals. (b) Subject to subsection (c) of this section, an action to enforce the obligation of a depository institution to pay all or part of the balance of a certificate of deposit must be commenced by the earlier of: (1) The time that an action to enforce an obligation under § 3-118(e) of the Commercial Law Article must be commenced, if the certificate of deposit is subject to that section; or (2) 6 years after the later of: (i) The maturity date of the certificate of deposit; (ii) The due date of the certificate of deposit indicated in the depository institution’s last written notice of renewal of the certificate of deposit, if any; (iii) The date of the last written communication from the depository institution recognizing the depository institution’s obligation to pay the certificate of deposit; or (iv) The last day of the taxable year for which a person identified in the certificate of deposit last reported interest income earned on the certificate of deposit on a federal or State income tax return. (c) Notwithstanding subsection (b) of this section, an action to enforce the obligation of a depository institution to pay all or part of the balance of an automatically renewing certificate of deposit in existence on June 1, 2006, must be commenced by the later of: (1) 6 years after the later of the events described in subsection (b)(2)(i) through (iv) of this section; or (2) 1 year after June 1, 2006.

Md. Code, Financial Institutions § 1-211

(a) (1) In this section the following words have the meanings indicated. (2) “Depository institution” means a financial institution that: (i) Is located in this State or maintains a branch in this State; and (ii) Is authorized to maintain qualifying accounts. (3) “Eligible customer” means an individual who: (i) Maintains a qualifying account at a depository institution; (ii) Is an adult; and (iii) Is a resident of this State. (4) “Qualifying account” means a savings account, share account, or other savings product or program: (i) Offered by a depository institution; (ii) Insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration, or a credit union share guaranty corporation that is approved by the Commissioner; and (iii) Through which eligible customers may obtain chances to win prizes in a savings promotion raffle. (5) “Savings promotion raffle” means a contest in which: (i) The sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a qualifying account; and (ii) Each ticket or entry has an equal chance of being drawn. (b) A depository institution may conduct a savings promotion raffle for the exclusive benefit of eligible customers if: (1) The depository institution maintains books and records relating to the savings promotion raffle; and (2) The savings promotion raffle will not: (i) Harm the depository institution’s ability to operate in a safe and sound manner; or (ii) Mislead the depository institution’s customers. (c) Except as preempted by federal law, the Commissioner may: (1) Examine the conduct of a savings promotion raffle; and (2) Issue a cease and desist order under § 5–808 of this article for a violation of this section.

Md. Code, Financial Institutions § 1-212

If a financial institution requires a customer to provide an answer to a security question in connection with the provision of an account, the financial institution shall allow the customer to choose from at least two security questions options for each required security question.

Md. Code, Financial Institutions § 1-213

(a) (1) In this section the following words have the meanings indicated. (2) “Credit union” has the meaning stated in § 6–101 of this article. (3) “Savings and loan association” has the meaning stated in § 8–101 of this article. (b) This section applies only to: (1) A banking institution; (2) A credit union; (3) A savings and loan association; (4) A community development financial institution; and (5) A credit grantor regulated under Title 11 of this article. (c) When evaluating an application for a primary residential mortgage loan or an extension of credit, an entity subject to this section shall: (1) Adhere to the rules concerning evaluations of applications established under 12 C.F.R. § 1002.6, including consideration of the following verifiable alternative indications of creditworthiness presented or made available to the entity by the applicant: (i) History of rent or mortgage payments; (ii) History of utility payments; (iii) School attendance; and (iv) Work attendance; and (2) If the applicant requests, consider other verifiable alternative indications of creditworthiness presented or made available to the entity by the applicant.

Md. Code, Financial Institutions § 1-301

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Fiduciary institution” means: (i) A national banking association; (ii) A State banking institution; (iii) An other-state bank that maintains a branch in this State; (iv) A credit union that is organized under the laws of this State or of the United States; (v) Any other organization that is organized under the banking laws of this State and subject to the supervision of the Commissioner; or (vi) A savings and loan association that is organized under the laws of this State or of the United States. (2) “Fiduciary institution” does not include any person licensed by the Commissioner under Title 11 of this article. (c) (1) “Financial record” means the original or any copy or record of: (i) A document that grants signature authority over a deposit or share account; (ii) A statement, ledger card, or other record of a deposit or share account that shows transactions in or with respect to that deposit or account; (iii) A check, clear draft, or money order that is drawn on a fiduciary institution or issued and payable by or through a fiduciary institution; (iv) Any item, other than an institutional or periodic charge, that is made under an agreement between a fiduciary institution and another person and that constitutes a debit or a credit to that person’s deposit or share account; or (v) Any information that relates to a loan account or an application for a loan. (2) “Financial record” includes any evidence of a transaction conducted by means of an electronic terminal. (d) “Supervisory agency” means: (1) The Federal Deposit Insurance Corporation; (2) The Federal Savings and Loan Insurance Corporation; (3) The Federal Home Loan Bank Board; (4) The National Credit Union Administration; (5) The Federal Reserve Board; (6) The United States Comptroller of the Currency; (7) The State of Maryland Deposit Insurance Fund Corporation; (8) The Credit Union Insurance Corporation; (9) The Commissioner; (10) The Division of Savings and Loan Associations; or (11) An agency of another state with primary responsibility for chartering and supervising banks.

Md. Code, Financial Institutions § 1-302

Except as otherwise expressly provided in this subtitle, a fiduciary institution, its officers, employees, agents, and directors: (1) May not disclose to any person any financial record relating to a customer of the institution unless: (i) The customer has authorized the disclosure to that person; (ii) Proceedings have been instituted for appointment of a guardian of the property or of the person of the customer, and court–appointed counsel presents to the fiduciary institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court; (iii) The customer is disabled and a guardian is appointed or qualified by a court, and the guardian presents to the fiduciary institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court; (iv) The customer is deceased and a personal representative is appointed or qualified by a court, and the personal representative presents to the fiduciary institution letters of administration issued by or under the direction or supervision of the court or an officer of the court; (v) The Department of Human Services requests the financial record in the course of verifying the individual’s eligibility for public assistance; (vi) The institution received a request for the customer’s information directly from an adult protective services program in a local department of social services that, under Title 14 of the Family Law Article, is investigating suspected financial abuse or financial exploitation of the customer; (vii) The institution received a request, notice, or subpoena for information directly from the Child Support Administration of the Department of Human Services under § 10–108.2, § 10–108.3, or § 10–108.5 of the Family Law Article or indirectly through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or (viii) The institution received a request, notice, or subpoena for information directly from the Comptroller under § 13–804 or § 13–812 of the Tax – General Article; (2) Shall disclose any information requested in writing by the Department of Human Services relative to money held in a savings deposit, time deposit, demand deposit, or any other deposit held by the fiduciary institution in the name of the individual who is a recipient or applicant for public assistance; (3) Shall disclose any information from a specified period of time that is requested in writing by an adult protective services program in a local department of social services relative to any deposit account, loan, or other financial service provided by the fiduciary institution to an individual who is being investigated under Title 14 of the Family Law Article as a suspected victim of financial abuse or financial exploitation; and (4) Shall disclose any information requested in writing by the Comptroller relative to money held in a savings deposit, time deposit, demand deposit, or any other deposit held by the fiduciary institution in the name of an individual whose property is subject to a tax lien.

Md. Code, Financial Institutions § 1-303

This subtitle does not prohibit: (1) The preparation, examination, handling, or maintenance of financial records by any officer, employee, or agent of a fiduciary institution that has custody of the records; (2) The examination of financial records by a certified public accountant while engaged by a fiduciary institution to perform an independent audit; (3) The examination of financial records by, or the disclosure of financial records to, any officer, employee, or agent of a supervisory agency for use only in the exercise of that person’s duties as an officer, employee, or agent; (4) The publication of information derived from financial records if the information cannot be identified to any particular customer, deposit, or account; (5) The making of reports or returns required or permitted by federal or State law; (6) The disclosure of any information permitted to be disclosed under those provisions of the Commercial Law Article that relate to the dishonor of a negotiable instrument; (7) The exchange, in the regular course of business, of credit information between a fiduciary institution and any other fiduciary institution or commercial enterprise, if made directly or through a consumer reporting agency; (8) The exchange, in the regular course of business, of a statement of a mortgage account on the subject property in connection with a sale, refinancing, or foreclosure, of real property; or the disclosure, in the regular course of business, of a statement of a mortgage account on the subject property to the holder of any subordinate mortgage or security interest; (9) The disclosure to a State’s Attorney of any information in accordance with § 8–104(c) of the Criminal Law Article (regarding the presentation of a certificate under oath to prove insufficient funds and dishonor of checks); (10) A fiduciary institution from disclosing to the Department of Human Services an individual’s financial records that the Department determines are necessary to verify or confirm the individual’s eligibility or ineligibility for public assistance; (11) In a prosecution outside the State for the crime of obtaining property or services by bad check, the presentation to the prosecutor of a certificate under oath by an authorized representative of a drawee that declares the dishonor of the check by the drawee, the lack of an account with the drawee at the time of utterance, or the insufficiency of the drawer’s funds at the time of presentation and utterance; (12) The disclosure of the financial records of one of its customers by a fiduciary institution to an affiliate that extends credit for the sole purpose of evaluating a requested or existing extension of credit to that customer by an affiliate of the fiduciary institution; or (13) A fiduciary institution from disclosing to the Comptroller an individual’s financial records that the Comptroller determines are necessary to enforce the tax laws of the State.

Md. Code, Financial Institutions § 1-304

(a) In this section, “subpoena” means a subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority. (b) A fiduciary institution may disclose or produce financial records or information derived from financial records in compliance with a subpoena served on the fiduciary institution, if: (1) The subpoena contains a certification that a copy of the subpoena has been served on the person whose records are sought by the party seeking the disclosure or production of the records; or (2) Contains a certification that service has been waived by the court for good cause.

Md. Code, Financial Institutions § 1-305

(a) Any officer, employee, agent, or director of a fiduciary institution who knowingly and willfully discloses financial records in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $1,000. (b) Any person who knowingly and willfully induces or attempts to induce an officer, employee, agent, or director of a fiduciary institution to disclose financial records in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $1,000. (c) (1) Subsections (a) and (b) of this section do not apply in connection with an abuse report required under § 1–306(d) of this subtitle. (2) A fiduciary institution that fails to file an abuse report concerning an elder adult as required under § 1–306(d) of this subtitle is subject to: (i) A civil penalty not exceeding $1,000; or (ii) If the failure to report is willful, a civil penalty not exceeding $5,000. (3) The civil penalties provided under paragraph (2) of this subsection: (i) May be recovered only in a civil action brought by the Attorney General against the fiduciary institution; and (ii) Shall be paid by the fiduciary institution. (4) A person who discloses information contained in an abuse report in violation of § 1–306(d)(4) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Md. Code, Financial Institutions § 1-306

(a) (1) In this section the following words have the meanings indicated. (2) “Abuse report” means the report required under subsection (d) of this section. (3) “Elder adult” means an individual who is believed to be: (i) At least 65 years old; and (ii) Residing in the State. (4) “Financial abuse” means to take, appropriate, obtain, or retain, or assist in taking, appropriating, obtaining, or retaining, real or personal property of an elder adult by any means, including undue influence, for a wrongful purpose or with intent to defraud the elder adult. (5) “Financial exploitation” means any action which involves the misuse of a customer’s funds or property. (6) “Report of financial exploitation” means an oral or written report concerning financial exploitation which may include all or part of the information described in § 14–302(d) of the Family Law Article. (b) Notwithstanding any other provision of law, a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution may disclose financial records and any other information relating to a customer of the fiduciary institution if the fiduciary institution or its officer, employee, agent, or director: (1) Believes that the customer has been subjected to financial exploitation; and (2) Makes the disclosure in a report of financial exploitation to the adult protective services program in a local department of social services. (c) A report of financial exploitation filed under this section by a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution shall be deemed to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability. (d) (1) Notwithstanding any other law limiting or prohibiting disclosure, a fiduciary institution shall make an abuse report as provided in this subsection if an employee of the fiduciary institution, while acting within the scope of the employee’s employment: (i) Has direct contact with an elder adult or reviews or approves an elder adult’s financial documents, records, or transactions in connection with financial services provided by the fiduciary institution to or for the elder adult; and (ii) Observes or obtains knowledge of behavior or unusual circumstances or transactions that leads the employee to know or have reasonable cause to suspect that the elder adult is the victim of financial abuse. (2) The abuse report required under paragraph (1) of this subsection shall be made: (i) 1. To the adult protective services agency in a local department of social services, the local law enforcement agency, or a State’s Attorney; or 2. If the employee knows that the elder adult resides in a long–term care facility located in the State, to an ombudsman for the long–term care facility, the local law enforcement agency, or a State’s Attorney; and (ii) 1. By telephone notification within 24 hours after the employee knows or has reasonable cause to suspect that the elder adult is the victim of financial abuse; and 2. In writing sent within 3 business days after the employee knows or has reasonable cause to suspect that the elder adult is the victim of financial abuse. (3) A fiduciary institution is not required to: (i) Investigate an allegation by an elder adult that financial abuse of the elder adult has occurred; or (ii) Make an abuse report under this subsection if the same matter already has been reported as required under this subsection. (4) Subject to paragraph (5) of this subsection, an abuse report made under this subsection is confidential and the information contained in the abuse report may be disclosed only: (i) In connection with an investigation of the suspected financial abuse, to: 1. An adult protective services agency; 2. A long–term care ombudsman; 3. A law enforcement agency; and 4. The office of the Attorney General or of a State’s Attorney; or (ii) As authorized by the elder adult or the legal guardian of the elder adult. (5) Paragraph (4) of this subsection may not be construed to: (i) Allow the disclosure of an abuse report made under this subsection or a record relevant to the abuse report if the disclosure would be prohibited by any other provision of State or federal law; or (ii) Prohibit the disclosure by a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution of an abuse report made under this subsection or a record relevant to the abuse report if the disclosure would be required by another State law, federal law, or court order. (6) This subsection does not prohibit or limit the disclosure of financial records otherwise permitted under this subtitle. (7) A fiduciary institution shall establish and implement a training program to: (i) Assist employees in recognizing signs of potential financial abuse of an elder adult, such as unusual activity in an elder adult’s deposit accounts, automated teller machine (ATM) withdrawals by an elder adult who previously never used an ATM or debit card, and suspicious signatures on checks; and (ii) Inform employees about the requirement to file abuse reports as provided under this subsection. (e) (1) Except as provided in paragraph (2) of this subsection, a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution may decline to provide to any person information that would disclose or indicate whether a report of financial exploitation or an abuse report has or has not been filed under this section. (2) A fiduciary institution or an officer, employee, agent, or director of a fiduciary institution may not decline to provide information requested by a person identified in subsection (d)(4)(i) of this section in connection with an investigation of suspected financial abuse or financial exploitation. (f) Except as provided in § 1–305(c) of this subtitle, there shall be no liability on the part of and no cause of action of any nature shall arise against, and there shall be immunity from any civil and criminal liability that would otherwise result for, a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution for an action or omission involved with: (1) Making or participating in making a disclosure or report under this section; (2) Participating in an investigation or a judicial proceeding resulting from a report filed under this section; or (3) Declining to provide information as described in subsection (e) of this section. (g) Except as required under subsection (d) of this section, this section does not create and may not be construed as creating, on the part of a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution, a duty to make a disclosure to an adult protective services program or file a report of financial exploitation under this section. (h) Notwithstanding any other provision of law, at the request of the fiduciary institution, an adult protective services agency or a law enforcement agency may, and is encouraged to, disclose the status or final disposition of an investigation of suspected financial abuse or financial exploitation to a fiduciary institution that made the report of suspected financial abuse or financial exploitation.

Md. Code, Financial Institutions § 1-401

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Access area” means any paved walkway or sidewalk which is within 50 feet of an automated teller machine. (2) “Access area” does not include any publicly maintained street or highway or any adjacent sidewalk. (c) “Access device” has the meaning stated in Federal Reserve Board Regulation E, 12 C.F.R., Part 205. (d) (1) “Automated teller machine” means any electronic information processing device located in this State which accepts or dispenses cash in connection with a credit, deposit, or convenience account. (2) “Automated teller machine” does not include devices used: (i) Solely to facilitate check guarantees or check authorizations; (ii) In connection with the acceptance or dispensing of cash on a person-to-person basis, including by a store cashier; or (iii) For the payment of goods or services. (e) “Candlefoot power” means the light intensity of candles on a horizontal plane at 36 inches above ground level and 5 feet in front of the area to be measured. (f) “Control” of an access area or defined parking area means to have the present authority to determine how, when, and by whom such area is to be used, maintained, lighted, and landscaped. (g) “Customer” means an individual to whom an access device has been issued for personal, family, or household use. (h) (1) “Defined parking area” means that portion of a parking area open for customer parking which is: (i) Contiguous to an access area with respect to an automated teller machine; (ii) Regularly, principally, and lawfully used for parking by users of the automated teller machine while conducting automated teller machine transactions during the hours of darkness; and (iii) Owned or controlled by the operator of the automated teller machine or by the party leasing the automated teller machine site to the operator. (2) “Defined parking area” includes only the single parking level of a multiple level parking area deemed by the operator of the automated teller machine to be the most directly accessible to users of the automated teller machine if the parking area otherwise satisfies the conditions contained in paragraph (1) of this subsection. (3) “Defined parking area” does not include a parking area which is: (i) Not regularly used for parking by users of the automated teller machine who are conducting automated teller machine transactions during the hours of darkness; or (ii) Physically closed to access or is marked by conspicuous signs indicating that it is closed. (i) “Hours of darkness” means the period that begins 30 minutes after sunset and ends 30 minutes before sunrise. (j) “Operator” means a financial institution or other person that operates an automated teller machine.

Md. Code, Financial Institutions § 1-402

(a) (1) (i) This section does not apply to any person: 1. Whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data; and 2. That is not otherwise an operator or person who controls an access area or designated parking area. (ii) A person described in subparagraph (i) of this paragraph is not liable to a customer or user of an automated teller machine for any claim relating to: 1. Any provision of this section; or 2. The use or attempted use of an automated teller machine. (2) This section does not apply to an automated teller machine which is located: (i) Inside a building: 1. Unless the building is a freestanding installation which exists solely to provide an enclosure for the automated teller machine; or 2. Except to the extent that a transaction can be conducted from outside the building; or (ii) In any area, including any access area, building, enclosed space, or parking area, which is not controlled by the operator. (b) (1) An operator of an automated teller machine shall adopt procedures for evaluating the safety of the location of the automated teller machine before it is installed. (2) The procedures shall include a consideration of: (i) The extent to which the lighting for the automated teller machine complies or will comply with the standards described in this section; and (ii) The presence of landscaping, vegetation, or other obstructions in the area of the automated teller machine, the access area, and the defined parking area. (3) (i) The operator of an automated teller machine installed prior to January 1, 1995, shall adopt procedures for evaluating the safety of the location of the existing automated teller machine. (ii) The procedures adopted under subparagraph (i) of this paragraph shall include a consideration of the facts identified in paragraph (2) of this subsection to the extent appropriate to existing locations. (iii) This subsection does not impose a duty to relocate an automated teller machine or modify the landscaping, vegetation, or other obstructions in the area of an automated teller machine, access area, or defined parking area for an automated teller machine installed prior to January 1, 1995. (c) (1) An operator of an automated teller machine shall provide during the hours of darkness lighting of at least 10 candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward 5 feet. (2) An operator or, if different, the person who controls the access area or the defined parking area shall provide during the hours of darkness lighting of: (i) At least 2 candlefoot power within 50 feet from all unobstructed directions from the face of the automated teller machine; (ii) At least 2 candlefoot power in that portion of the defined parking area within 60 feet of the automated teller machine; and (iii) In the event the automated teller machine is located within 10 feet of a corner of the building and the automated teller machine is generally accessible from the adjacent side, at least 2 candlefoot power along the first 40 unobstructed feet of the adjacent side of the building. (3) The requirements of this subsection apply only to automated teller machines that are open for use by customers during the hours of darkness. (d) (1) At or before the time a customer is furnished with an access device, the issuer of the access device shall furnish to the customer a notice concerning basic safety precautions that customers should employ while using an automated teller machine during hours of darkness. (2) The notice shall be furnished: (i) To each customer whose address for the account to which the access device relates is in this State; and (ii) By personally delivering or mailing the notice to customers at their mailing addresses in this State. (3) (i) Only one notice need be furnished for each mailing address. (ii) If access devices are furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for access devices, only one notice need be furnished to satisfy this subsection’s notice requirement as to those customers. (4) The notice required by this subsection may be included with other disclosures related to the access device furnished to a customer, including any initial or periodic disclosure statement furnished under the Federal Electronic Fund Transfer Act. (5) The issuer of an access device shall be deemed to be in compliance with the notice requirement of this subsection if the issuer advises the customer to: (i) Be aware of the customer’s surroundings when using an automated teller machine, particularly during the hours of darkness; (ii) Be accompanied by another person when using an automated teller machine during the hours of darkness; (iii) Refrain from displaying cash, place cash in a pocket as soon as a transaction is completed, and count cash in the safety of a locked enclosure such as a car or home; (iv) Use another automated teller machine or return at a later time if anything suspicious is noticed; (v) Cancel a transaction, place the access device in a pocket, and leave if anything suspicious is noticed when using an automated teller machine; and (vi) Immediately report all crimes to the operator of the automated teller machine and to local law enforcement officials. (6) For an access device issued before January 1, 1995, compliance with the provisions of this subsection shall be optional unless: (i) A customer requests in writing that the notice required by this subsection be provided; or (ii) The access device is reissued, renewed, or replaced on or after January 1, 1995.

Md. Code, Financial Institutions § 1-402.1

§1–402.1. (a) This section does not apply to an automated teller machine that is: (1) Located inside a building unless: (i) The building is a freestanding installation that exists solely to provide an enclosure for the automated teller machine; or (ii) A user of the automated teller machine is able to conduct a transaction from outside the building; or (2) Operated by a financial institution, unless the automated teller machine is located at or within or attached to premises owned by or under the control of the financial institution. (b) Each operator of an automated teller machine subject to this section shall: (1) Install and maintain a video camera that views and records an image of a user as the user performs a transaction at the automated teller machine; and (2) Preserve the recordings made by the video camera for at least 45 calendar days. (c) An operator of an automated teller machine subject to this section is not in violation of this section if a video camera required under subsection (b) of this section malfunctions due to a reason not within the operator’s control.

Md. Code, Financial Institutions § 1-403

(a) Subject to this section, a banking institution or credit union may have an automated teller machine at a location other than the principal office or a branch of a banking institution or credit union. (b) (1) Except as provided in paragraph (2) of this subsection, at least 15 business days before commencing the installation of an automated teller machine, a banking institution or credit union shall submit to the Commissioner written notice of its intent to install the automated teller machine. (2) No written notice of intent to install an automated teller machine is required if the automated teller machine is to be located at the principal office or a branch of a banking institution or credit union. (c) (1) An automated teller machine may receive and dispense money as instructed by a customer. (2) A banking institution or credit union may verify by direct wire transmission or otherwise any transaction that is made by means of an automated teller machine. (3) The Commissioner may adopt rules and regulations that are substantially similar to those rules and regulations of the Comptroller of the Currency for the operation and shared use of automated teller machines by national banking associations. (d) (1) If, after the Commissioner receives the notice required under subsection (b)(1) of this section or the automated teller machine is installed, any requirement of this section is not being met, or if the Commissioner determines that the operation of the automated teller machine is not consistent with safety and soundness and the security of the transactions, the Commissioner shall give the banking institution or credit union notice of the deficiency. (2) On notice of deficiency, a banking institution or credit union shall stop using the automated teller machine. (3) If the Commissioner determines that the deficiency has been corrected, the banking institution or credit union may resume use of the automated teller machine. (e) For purposes of this article, an automated teller machine is not a branch of a banking institution or credit union.

Md. Code, Financial Institutions § 1-404

(a) At or before the time a transaction is initiated, the operator of an automated teller machine shall provide the person using the automated teller machine with notice of the fee to be charged by the operator for use of the automated teller machine by persons using access devices not issued by the operator. (b) (1) The operator may give the notice required under subsection (a) of this section by either: (i) Posting in a conspicuous place on or near the automated teller machine the amount of the fee; or (ii) Listing the amount of the fee on the screen of the automated teller machine at the time the transaction is initiated. (2) If the operator gives the notice in the manner provided by paragraph (1)(ii) of this subsection, the person using the automated teller machine shall be provided with the opportunity to cancel the transaction without incurring any fee.

Md. Code, Financial Institutions § 1-405

(a) “Foreign banking corporation” has the meaning stated in § 12-201(e) of this article. (b) A foreign banking corporation may not have an automated teller machine in this State for any purpose unless: (1) The foreign banking corporation obtains from the Commissioner a permit for the automated teller machine; or (2) The automated teller machine is authorized under: (i) The Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 or other federal law; or (ii) Title 5, Subtitle 9 or Subtitle 10 of this article. (c) The process for obtaining a permit for the automated teller machine is as stated in §§ 12-208 and 12-209 of this article.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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