(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 whethe
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(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 the subscriber
or shareholder 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.