(1)(a) A credit
union is a cooperative association, incorporated pursuant to this article for the
twofold purpose of promoting thrift among its members and creating a source of
credit for them at fair and reasonable rates of interest.
(b)As used in this article:
(I)Board means the financial services board, created in section 11-44-101.6.
(I.1) Commissioner means the state commissioner of financial services.
(II)Division means the division of financial services created in section 11-44-101.
(2)A credit union may be organized in the following manner:
(a)Any eight or more residents of the state of Colorado who meet the
membership requirements of section 11-30-103 (2) may execute, in a number of
copies to be specified by the commissioner, articles of incorporation setting fort
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(1) (a) A credit
union is a cooperative association, incorporated pursuant to this article for the
twofold purpose of promoting thrift among its members and creating a source of
credit for them at fair and reasonable rates of interest.
(b) As used in this article:
(I) Board means the financial services board, created in section 11-44-101.6.
(I.1) Commissioner means the state commissioner of financial services.
(II) Division means the division of financial services created in section 11-44-101.
(2) A credit union may be organized in the following manner:
(a) Any eight or more residents of the state of Colorado who meet the
membership requirements of section 11-30-103 (2) may execute, in a number of
copies to be specified by the commissioner, articles of incorporation setting forth
therein the terms by which they agree to be bound. The articles shall state the
name and address of the proposed credit union; the names and addresses of the
incorporators; the number of shares subscribed by each incorporator; and the term
of existence of the corporation, which may be perpetual.
(b) The incorporators shall prepare, in a number of copies to be specified by
the commissioner, proposed bylaws for the governing of the credit union, consistent
with the provisions of this article, on standard forms approved by the commissioner
and shall define therein the proposed eligibility requirements for membership.
(c) The proposed bylaws shall further set forth: The classes of shares which
the credit union is authorized to issue; if such shares are to consist of one class
only, the par value of each of the shares or a statement that all of the shares are
without par value, or, if the shares are to be divided into classes, a statement of the
par value of the shares of each such class or that the shares are to be without par
value. In addition, if the shares are to be divided into classes, the bylaws shall
designate each class and a statement of its preferences, its limitations, and its
relative rights with respect to the shares of each other class.
(3) (a) An application in such form as may be prescribed by the commissioner
together with the articles of incorporation and the bylaws shall be filed with the
commissioner, in a number of copies to be specified by the commissioner, upon the
payment of a filing fee, as determined from time to time by the commissioner, to
cover the reasonable and necessary expense to the division attributable to such
application. Within thirty days after such filing and payment of such fee, the
commissioner shall determine whether the same conform to the provisions of this
article and whether such a credit union would benefit the members and proposed
members thereof, consistent with the purposes of this article, the general character
and fitness of the incorporators, and the economic advisability of establishing the
proposed credit union. Except for a community charter application, which
application shall be submitted to the board for hearing pursuant to section 11-30-101.7, the commissioner may approve or deny an application without notice and
hearing.
(b) The commissioner shall make or cause to be made an investigation to
determine whether the incorporators and organizers are qualified and whether their
qualifications and financial experience are consistent with their responsibilities and
duties. An investigation shall also be conducted to determine if an incorporator or
organizer has been convicted of any criminal activity. The commissioner may
establish by rule the content of such investigations and what, if any, investigations
by other agencies or authorities may be treated as substantially equivalent to and
accepted in lieu of an investigation by the commissioner.
(4) Upon approval of an application and documents by the commissioner, or
by the board with respect to a community charter application, the commissioner
shall issue a certificate of approval, in a number of copies equal to the number of
copies of the articles of incorporation required to be filed pursuant to subsection
(2)(a) of this section as specified by the commissioner, and attach a copy thereof to
each copy of the said articles of incorporation. The incorporators shall then file
approved articles with the secretary of state, and a copy of the articles, certified by
the secretary of state, shall be filed with the commissioner. The incorporators shall
pay to the secretary of state a fee for filing the articles of incorporation and a fee
for certifying the copy of articles of incorporation furnished by the incorporators for
filing with the commissioner, both fees to be determined and collected pursuant to
section 24-21-104 (3), C.R.S.
(5) After the incorporators file a certified copy of articles of incorporation
with the commissioner as described in subsection (4) of this section, the
commissioner shall issue a charter for the credit union, at which time the credit
union becomes a body corporate and has the powers enumerated in section 7-103-102, except as otherwise provided or limited in this article 30.
(6) The bylaws approved by the commissioner shall then be adopted by the
initial board of directors of the credit union.