§ 11-41-109 — Certificate of approval - where articles filed

(1) If the
commissioner finds affirmatively for the association upon all the matters set forth
in section 11-41-107, the commissioner shall issue a certificate of approval in
duplicate within sixty days after the finding, which certificate recites in substance
the following:

(a) That the articles of incorporation and bylaws have been filed in the
commissioner's office;

(b) That said articles of incorporation and bylaws conform to the provisions
of the law;

(c) That the commissioner has approved the articles of incorporation and
bylaws.

(2) The commissioner shall attach one of the certificates to each copy of the
articles of incorporation, retain one copy of the articles of incorporation and bylaws
in the commissioner's office, and return the other copy of the articles and bylaws,
with the certificate of approval attached, to the association. Upon receipt of the
articles of incorporation, the association shall file the articles of incorporation with
the secretary of state, and certified copies of the articles of incorporation shall be
filed by the association in the office of the county clerk and recorder of each county
in this state in which the association may own real estate. The failure to file a
certified copy in the office of the clerk and recorder of any county in this state does
not affect the validity of the incorporation of any association that has made its filing
with the secretary of state and has obtained a certificate of approval. In the event a
true copy of the articles of incorporation is presented to the secretary of state with
the request that the articles of incorporation be certified, the secretary of state
shall certify the articles of incorporation for a fee in an amount that is determined
and collected pursuant to section 24-21-104 (3). The certificate must contain, in
addition to the usual statement, a statement that the attached copy is a true copy
of the original articles of incorporation on file in the secretary of state's office and a
statement as to the date of the filing of the articles of incorporation. When articles
of incorporation or amendments to articles of incorporation have been filed in the
office of the secretary of state, the secretary of state shall record and carefully
preserve them in the secretary of state's office, and a copy of the articles of
incorporation or amendments, duly certified by the secretary of state under the
great seal of the state of Colorado, is evidence of the existence of the association
and prima facie evidence of the contents of the articles of incorporation or
amendments.

(3) The secretary of state shall charge for the filing of documents for
savings and loan associations the same fees that are charged for corporations with
like capital stock, as prescribed in the Colorado Corporation Code, and such fees
shall be deposited in the department of state cash fund created in section 24-21-104 (3), C.R.S.

Legislative History

Source: L. 33: p. 293, � 8. CSA: C. 25, � 11. CRS 53: � 122-2-9. C.R.S. 1963: � 122-2-9. L. 67: p. 492, � 1. L. 83: (2) and (3) amended, p. 876, � 41, effective July 1. L. 2024: IP(1), (1)(a), (1)(c), and (2) amended, (HB 24-1381), ch. 350, p. 2369, � 21, effective August 7.