Confidentiality Policy
It is the policy of the Bureau of Financial Institutions ("the Bureau") to serve the public by
providing as much transparency as possible to the application and licensing process.
Accordingly, non-confidential information furnished to or obtained by the Bureau in connection
with an application filed pursuant to Title 6.1 of the Code of Virginia shall become part of the
public record.
For most applications, the Bureau maintains both a public file and a confidential file. Except as
permitted by § 6.1-1.1 of the Code of Virginia or required by applicable law, the following shall
be placed in the Bureau’s confidential file and not disclosed to the public: Personal Financial
Report and Disclosure Statements; personal information revealing names of financial institutions
where an individual applicant or a company’s directors and officers maintain accounts and the
balances in such accounts; business financial statements of sole proprietors; information which,
in the opinion of the Commissioner of Financial Institutions, could endanger the safety and
soundness of a depository institution; information of a personal nature collected during the
investigation of an application, such as references, credit reports, etc.; and information submitted
by other regulatory agencies requesting confidentiality. The Bureau's application forms specify
which information or documents requested from an applicant will be placed in the confidential
file.
Upon request, additional documents may be placed in the Bureau’s confidential file. The
contents of such documents shall be treated in the same manner as information protected by §
6.1-1.1 of the Code of Virginia, and not disclosed to the public except as permitted therein or
required by applicable law. The Bureau will consider for confidential treatment documents or
portions of an application which contain information of a personal or proprietary nature;
information which could endanger the safety and soundness of a bank, savings institution or
credit union; or information that could cause irreparable damage to the applicant or place the
applicant at a competitive disadvantage if it is made publicly available. Such documents may
include, but are not limited to, business plans, policy manuals, trade secrets, purchase and lease
agreements, and property appraisals.
An applicant seeking confidential treatment for certain documents or specific portions of an
application must submit a request in writing to the Bureau along with the application or at the
time of the filing of the documents for which confidential treatment is requested. The request
must include a justification for confidential treatment, specifically describing the harm that may
result if such information is made available to the public (e.g., loss of competitive position). If
an applicant seeks confidential treatment, the confidential information must be (1) specifically
identified in the public portion of the application (by reference to the confidential portion); and
(2) set forth in a separate document and labeled "CONFIDENTIAL." If the request for
confidentiality will not be honored, the Bureau will notify the applicant and offer the applicant
the opportunity to retract the submission prior to the information being placed in the Bureau’s
public file.