C.R.S. Section 11-103-303
Application for de novo charter or charter conversion

(1)

After the capital stock has been fully subscribed, the incorporators may apply to the banking board for a de novo bank charter. The incorporators or organizers of the converting bank must submit to the banking board the following:

(a)

Its proposed articles of incorporation in duplicate, in such form as the banking board prescribes and as acceptable to the secretary of state for purposes of filing, containing the following information: The name of the state bank; whether the state bank is to exercise trust powers; the community in which it is to be located; the amount of capital, the number of shares of each class, the relative preferences, powers, and the rights of each class, the par value of the shares of each class, and the amount of the paid-in surplus; a statement whether voting for directors is or is not cumulative, and the extent of the preemptive rights of stockholders; and such other proper provisions to govern the business and affairs of the state bank as may be desired by the incorporators or organizers.

(b)

An application for a charter in such form and containing such information as the banking board requires, including but not limited to the following: The name, business and residence address, and business and professional affiliations of each director and executive officer; the name, residence, citizenship, and occupation of each subscriber or shareholder and the number of shares for which he or she has subscribed or owns directly or indirectly; the past and present connection with any bank, other than as a customer, on terms generally available to the public of each director and each subscriber or shareholder to more than five percent of the capital stock, including beneficial interests; the amount to be borrowed and from whom borrowed on any stock issued to a subscriber to or shareholder of more than five percent of the capital stock; the address at which the converting bank’s main office and existing branches are located or the address at which the de novo state bank proposes to do business or, if such address is not known, the area within a radius of one-half mile in which the proposed bank is to be located and the community that it proposes to serve; a statement that all the proposed bylaws have been attached as an exhibit to the application; and such other information as the banking board may reasonably require to enable it to determine whether a charter should be issued. The proposed bylaws must be attached to the application as an exhibit.

(2)

If the proposed articles of incorporation or application do not comply with the requirements of this code, and with the requirements of the banking board issued pursuant thereto, the banking board shall, within thirty days after the receipt thereof, return both of the documents to the incorporators or organizers, calling attention to the defects therein. If such articles of incorporation and application are not so returned by the banking board within thirty days after the receipt thereof, they shall be deemed to have been filed with the banking board as of the date received in its office; otherwise they shall be deemed filed as of the date the amended documents, with all defects corrected, are received in the commissioner’s office.

(3)

Not more than forty days after the date upon which the completed application for a de novo state bank charter and all required documents are properly filed with the banking board, the banking board shall mail notice of such filing by registered or certified mail to each bank within a three-mile radius of the location of the proposed bank and to such other persons or banks as the banking board may designate. The notice must be in the form prescribed therefor by the banking board and must include a statement that an application for a state banking charter has been filed, the date of the filing, the names and addresses of the incorporators, and the location of the proposed bank. The banking board shall also cause such notice to be published, at least one time, not more than forty days after the date of filing the completed application, in a newspaper of general circulation within the community in which the proposed bank is to be located.

Source: Section 11-103-303 — Application for de novo charter or charter conversion, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-11.­pdf (accessed Oct. 20, 2023).

11‑103‑101
General corporate powers 11‑103‑102
Trust, fiduciary, and agency powers - when authorized 11‑103‑103
State bank organized as a limited liability company 11‑103‑201
Capital 11‑103‑202
Inadequacy of capital - assessments 11‑103‑203
Liability of shareholders 11‑103‑301
Incorporators 11‑103‑302
Application fees 11‑103‑303
Application for de novo charter or charter conversion 11‑103‑304
Procedure for granting or denying charter 11‑103‑401
Subscription calls 11‑103‑402
First meetings of stockholders - director’s oath - bylaws 11‑103‑403
Stockholders’ meetings - voting trusts - preemptive right - transfer of stock 11‑103‑404
Waiver of notice - meeting or vote 11‑103‑405
Amendment of articles - change of location - authorized but unissued stock 11‑103‑406
Dividends - when payable 11‑103‑501
Directors and officers 11‑103‑502
Directors’ meetings - duties 11‑103‑503
Waiver of notice - meeting or vote 11‑103‑601
Director and officer insurance and fidelity bonds - legislative declaration 11‑103‑602
Indemnification and personal liability of directors, officers, employees, and agents 11‑103‑603
Deposit insurance - membership in federal reserve system - federal national mortgage association 11‑103‑701
Merger or conversion 11‑103‑702
Approval of merger by directors 11‑103‑703
Approval by banking board 11‑103‑704
Approval by stockholders - rights of dissenters 11‑103‑705
Effective date of merger - certificate 11‑103‑706
Continuation of corporate entity 11‑103‑707
Conversion from state bank to national and vice versa 11‑103‑708
Nonconforming assets 11‑103‑709
Sale of all assets of bank, branch, or department 11‑103‑801
Voluntary liquidation and dissolution 11‑103‑802
Involuntary liquidation by banking board - reorganization 11‑103‑803
Reorganization plan 11‑103‑804
Liquidation by commissioner - procedure 11‑103‑805
Federal deposit insurance corporation or successor as liquidator 11‑103‑806
Assets sold or pledged as security 11‑103‑807
Enforcement of directors’ liability 11‑103‑808
Emergency grant of new charter 11‑103‑809
Emergency grant of branch facility - legislative declaration 11‑103‑810
Preapproved shelf charter
Green check means up to date. Up to date

Current through Fall 2024

§ 11-103-303’s source at colorado​.gov