{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-949.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-949.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-949.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-949.html"}],"law_id":76200,"edition_id":1,"section_id":76200,"structure_id":15587,"section_number":"6.2-949","catch_line":"Exceptions from self-evaluation privilege","history":"2013, cc. 32, 148.","full_text":"The self-assessment privilege established by \u00a7 6.2-948 shall not apply:\n\n1\n\nIf a bank expressly waives the protections of the self-assessment privilege established by § 6.2-948;2\n\nIf a bank discloses a self-assessment report to any third party, provided that disclosure of a self-assessment report to a third party shall not void or waive the self-assessment privilege with respect to such self-assessment report if such third party (i) is a bank regulator, (ii) is subject to an agreement or obligation to preserve the confidentiality of the self-assessment report, which agreement or obligation to preserve confidentiality need not be in writing and may be evidenced by an indication of confidentiality on the face of any such self-assessment report, a verbal agreement regarding its confidentiality, an employment relationship, a principal-agent relationship, a fiduciary relationship, or an attorney-client relationship, or (iii) receives the self-assessment report from a person described in clause (i) or (ii);3\n\nIf a court or hearing officer, after an in camera review, determines that (i) the privilege is being asserted for a fraudulent purpose, (ii) the self-assessment report was prepared to avoid disclosure of information in an investigative, administrative, or judicial proceeding that was underway at the time of its preparation or for which the bank had been provided written notification that an investigation into a specific violation had been initiated, or (iii) the self-assessment report addresses a matter reasonably expected to have an imminent and substantial harm to bank customers or consumers and the bank has not previously taken reasonable actions to correct the matter; or4\n\nTo any self-assessment report requested by a bank regulator, provided that disclosure of a self-assessment report to a bank regulator shall not void or waive the self-assessment privilege with respect to such self-assessment report, and provided further that disclosure of a self-assessment report by a bank regulator to any third party shall not void or waive the self-assessment privilege with respect to such self-assessment report.","order_by":null,"text":{"0":{"id":273646,"text":"The self-assessment privilege established by \u00a7 6.2-948 shall not apply:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":273647,"text":"If a bank expressly waives the protections of the self-assessment privilege established by § 6.2-948;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":273648,"text":"If a bank discloses a self-assessment report to any third party, provided that disclosure of a self-assessment report to a third party shall not void or waive the self-assessment privilege with respect to such self-assessment report if such third party (i) is a bank regulator, (ii) is subject to an agreement or obligation to preserve the confidentiality of the self-assessment report, which agreement or obligation to preserve confidentiality need not be in writing and may be evidenced by an indication of confidentiality on the face of any such self-assessment report, a verbal agreement regarding its confidentiality, an employment relationship, a principal-agent relationship, a fiduciary relationship, or an attorney-client relationship, or (iii) receives the self-assessment report from a person described in clause (i) or (ii);","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":273649,"text":"If a court or hearing officer, after an in camera review, determines that (i) the privilege is being asserted for a fraudulent purpose, (ii) the self-assessment report was prepared to avoid disclosure of information in an investigative, administrative, or judicial proceeding that was underway at the time of its preparation or for which the bank had been provided written notification that an investigation into a specific violation had been initiated, or (iii) the self-assessment report addresses a matter reasonably expected to have an imminent and substantial harm to bank customers or consumers and the bank has not previously taken reasonable actions to correct the matter; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":273650,"text":"To any self-assessment report requested by a bank regulator, provided that disclosure of a self-assessment report to a bank regulator shall not void or waive the self-assessment privilege with respect to such self-assessment report, and provided further that disclosure of a self-assessment report by a bank regulator to any third party shall not void or waive the self-assessment privilege with respect to such self-assessment report.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":15587,"edition_id":1,"name":"Voluntary Regulatory Self-Assessments","identifier":"16","label":"article","depth":4,"order_by":1,"parent_id":13791,"metadata":{},"date_created":"2026-06-26 03:56:34","date_modified":"2026-06-26 03:56:34","permalink":{"id":265345,"object_type":"structure","relational_id":15587,"identifier":"16","token":"6.2\/II\/8\/16","url":"\/6.2\/II\/8\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13791,"edition_id":1,"name":"Banks","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":13000,"metadata":{},"date_created":"2026-06-26 03:45:53","date_modified":"2026-06-26 03:45:53","permalink":{"id":265065,"object_type":"structure","relational_id":13791,"identifier":"8","token":"6.2\/II\/8","url":"\/6.2\/II\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13000,"edition_id":1,"name":"Depository Institutions and Trust Organizations","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":263685,"object_type":"structure","relational_id":13000,"identifier":"II","token":"6.2\/II","url":"\/6.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83828,"structure_id":15587,"section_number":"6.2-947","catch_line":"Definitions","url":"\/6.2-947\/","token":"6.2\/II\/8\/16\/6.2-947","metadata":false},{"id":59467,"structure_id":15587,"section_number":"6.2-948","catch_line":"Privilege for self-assessment reports","url":"\/6.2-948\/","token":"6.2\/II\/8\/16\/6.2-948","metadata":false},{"id":76200,"structure_id":15587,"section_number":"6.2-949","catch_line":"Exceptions from self-evaluation privilege","url":"\/6.2-949\/","token":"6.2\/II\/8\/16\/6.2-949","metadata":false},{"id":63904,"structure_id":15587,"section_number":"6.2-950","catch_line":"Effect on other privileges","url":"\/6.2-950\/","token":"6.2\/II\/8\/16\/6.2-950","metadata":false}],"previous_section":{"id":59467,"structure_id":15587,"section_number":"6.2-948","catch_line":"Privilege for self-assessment reports","url":"\/6.2-948\/","token":"6.2\/II\/8\/16\/6.2-948","metadata":false},"next_section":{"id":63904,"structure_id":15587,"section_number":"6.2-950","catch_line":"Effect on other privileges","url":"\/6.2-950\/","token":"6.2\/II\/8\/16\/6.2-950","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-949\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapters 32<\/a> and 148<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":59467,"section_number":"6.2-948","catch_line":"Privilege for self-assessment reports","order_by":null,"url":"\/6.2-948\/"}],"permalink":{"id":265355,"object_type":"law","relational_id":76200,"identifier":"6.2-949","token":"6.2\/II\/8\/16\/6.2-949","url":"\/6.2-949\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-949\/","token":"6.2\/II\/8\/16\/6.2-949","dublin_core":{"Title":"Exceptions from self-evaluation privilege","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-949","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The self-assessment<\/span> privilege<\/span> established by \u00a7 6.2-948<\/a> shall not apply:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If a bank<\/span> expressly waives<\/span> the protections of the self-assessment<\/span> privilege<\/span> established by § 6.2-948<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a bank discloses a self-assessment report<\/span> to any third party<\/span>, provided that disclosure of a self-assessment report<\/span> to a third party<\/span> shall not void or waive<\/span> the self-assessment privilege<\/span> with respect to such self-assessment report<\/span> if such third party<\/span> (i) is a bank regulator<\/span>, (ii) is subject to an agreement or obligation to preserve the confidentiality of the self-assessment report<\/span>, which agreement or obligation to preserve confidentiality need not be in writing and may be evidenced by an indication of confidentiality on the face of any such self-assessment report<\/span>, a verbal agreement regarding its confidentiality, an employment relationship, a principal-agent relationship, a fiduciary relationship, or an attorney-client relationship, or (iii) receives the self-assessment report<\/span> from a person<\/span> described in clause (i) or (ii); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a court<\/span> or hearing<\/span> officer, after an in camera<\/span> review, determines that (i) the privilege<\/span> is being asserted for a fraudulent purpose, (ii) the self-assessment report<\/span> was prepared to avoid disclosure of information in an investigative, administrative, or judicial proceeding that was underway at the time of its preparation or for which the bank had been provided written notification that an investigation into a specific violation had been initiated, or (iii) the self-assessment report<\/span> addresses a matter reasonably expected to have an imminent and substantial harm to bank customers or consumers and the bank has not previously taken reasonable actions to correct the matter; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To any self-assessment report<\/span> requested by a bank regulator<\/span>, provided that disclosure of a self-assessment report<\/span> to a bank regulator<\/span> shall not void or waive<\/span> the self-assessment privilege<\/span> with respect to such self-assessment report<\/span>, and provided further that disclosure of a self-assessment report<\/span> by a bank regulator<\/span> to any third party<\/span> shall not void or waive<\/span> the self-assessment privilege<\/span> with respect to such self-assessment report<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCEPTIONS FROM SELF-EVALUATION PRIVILEGE (\u00a7 6.2-949)\n\nThe self-assessment privilege established by \u00a7 6.2-948 shall not apply:\n\n1. If a bank expressly waives the protections of the self-assessment privilege\nestablished by § 6.2-948;\n\n2. If a bank discloses a self-assessment report to any third party, provided\nthat disclosure of a self-assessment report to a third party shall not void or\nwaive the self-assessment privilege with respect to such self-assessment report\nif such third party (i) is a bank regulator, (ii) is subject to an agreement or\nobligation to preserve the confidentiality of the self-assessment report, which\nagreement or obligation to preserve confidentiality need not be in writing and\nmay be evidenced by an indication of confidentiality on the face of any such\nself-assessment report, a verbal agreement regarding its confidentiality, an\nemployment relationship, a principal-agent relationship, a fiduciary\nrelationship, or an attorney-client relationship, or (iii) receives the\nself-assessment report from a person described in clause (i) or (ii);\n\n3. If a court or hearing officer, after an in camera review, determines that (i)\nthe privilege is being asserted for a fraudulent purpose, (ii) the\nself-assessment report was prepared to avoid disclosure of information in an\ninvestigative, administrative, or judicial proceeding that was underway at the\ntime of its preparation or for which the bank had been provided written\nnotification that an investigation into a specific violation had been initiated,\nor (iii) the self-assessment report addresses a matter reasonably expected to\nhave an imminent and substantial harm to bank customers or consumers and the\nbank has not previously taken reasonable actions to correct the matter; or\n\n4. To any self-assessment report requested by a bank regulator, provided that\ndisclosure of a self-assessment report to a bank regulator shall not void or\nwaive the self-assessment privilege with respect to such self-assessment report,\nand provided further that disclosure of a self-assessment report by a bank\nregulator to any third party shall not void or waive the self-assessment\nprivilege with respect to such self-assessment report.\n\nHISTORY: 2013, cc. 32, 148.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}