Sec. 33.104. ADVISORY DIRECTOR. (a) An advisory director is not considered a director if the advisory director: (1) is not elected by the shareholders of the bank; (2) does not vote on matters before the board or a committee of the board; (3) is not counted for purposes of determining a quorum of the board or committee; and (4) provides solely general policy advice to the board. (b) A state bank may not disclose to an advisory director confidential information pertaining to the bank or the bank's customers unless: (1) the board adopts a resolution that designates the advisory director as a person who is officially connected to the bank and that describes the purpose for disclosure of the information, which must be a reasonable business purpose; and (2) the disclosure is made under a written confidentiality agreement between the bank and the advisory director.
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