                                 CODE OF VIRGINIA

EXCEPTIONS FROM SELF-EVALUATION PRIVILEGE (§ 6.2-949)

The self-assessment privilege established by § 6.2-948 shall not apply:

1. If a bank expressly waives the protections of the self-assessment privilege
established by &#xA7; 6.2-948;

2. 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);

3. 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

4. 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.

HISTORY: 2013, cc. 32, 148.