C.R.S. Section 11-103-703
Approval by banking board


(1)

After approval by the board of directors of each constituent bank, the merger agreement shall be submitted to the banking board for approval, together with certified copies of the authorizing resolutions of the several boards of directors showing approval by a majority of the entire board and evidence of proper action by the board of directors of any constituent national bank or bank chartered by another state.

(2)

Without approval by the banking board, no asset shall be carried on the books of the resulting bank at a valuation higher than that on the books of the constituent bank at the time of the last examination by a state or national bank examiner before the effective date of the merger.

(3)

Within thirty days after receipt by the banking board of the papers specified in subsection (1) of this section, the banking board shall approve or disapprove the merger agreement. The banking board shall approve the agreement if it appears that:

(a)

The resulting state bank meets all the requirements of state law as to the formation of a new state bank or conversion of an existing bank;

(b)

The agreement provides for adequate capital as established by the banking board in its rules;

(c)

The agreement is fair;

(d)

The merger is not contrary to the public interest.

(4)

If the banking board disapproves an agreement, it shall state its objections and give an opportunity to the constituent banks to amend the merger agreement to obviate such objection.

(5)

Where the resulting state bank is not to exercise trust powers, the banking board shall not approve a merger until satisfied that adequate provision has been made for successors to fiduciary positions held by constituent banks.

Source: Section 11-103-703 — Approval by banking board, 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

§ 11-103-703’s source at colorado​.gov