C.R.S. Section 11-103-709
Sale of all assets of bank, branch, or department


(1)

Any state bank may sell to any other bank all, or substantially all, of the selling bank’s assets and business, or all, or substantially all, of the assets and business of any department or branch of the selling bank.

(2)

Any state bank may, upon assuming the liabilities relating thereto, purchase all, or substantially all, of the assets and business of another bank, or all, or substantially all, of the assets and business of any department or branch of another bank.

(3)

The agreement of purchase and sale shall be authorized and approved by the banking board and by the vote of a majority of the stockholders of the purchasing and selling banks at meetings called for the purpose in like manner as meetings to approve mergers are called, and filed with the commissioner, accompanied by evidence of such stockholders’ approval in like manner as agreements of merger are filed. After such approval is given by the stockholders, a notice of such sale shall be published once a week for three successive weeks in a newspaper of general circulation in the county in which the selling bank has its principal office. Proof of such publication shall be filed with the division.

(4)

Notwithstanding any term of the agreement, or of his or her contract of deposit, any depositor whose business is thus sold has the right, upon payment of any indebtedness owing by the depositor to the bank, to withdraw his or her deposit in full on demand after such sale unless, by dealing with the purchasing bank with knowledge of the purchase, the depositor ratifies the transfer.

(5)

The agreement of sale may provide for the transfer to the purchasing bank of all fiduciary positions held by the selling bank pursuant to section 11-106-105.

(6)

No right against, or obligation of, the selling bank, in respect of the assets or business sold, shall be released or impaired by the sale until one year from the last date of publication of the notice, pursuant to subsection (3) of this section, but, after the expiration of such year, no action shall be brought against the selling bank on account of any deposit, obligation, trust, or asset transferred to or liability assumed by the purchasing bank.

Source: Section 11-103-709 — Sale of all assets of bank, branch, or department, 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

§ 11-103-709’s source at colorado​.gov