§ 32-2-801 — Formation

32-2-801 . Formation. (1) Five or more individuals who are residents of this state may, with the approval of the commissioner, incorporate a mutual association.
(2) The persons proposing to incorporate a mutual association shall apply for approval to incorporate by submitting the application in a form prescribed by the commissioner, which must be under oath and include all of the following plus any additional information that the department may require by rule as necessary or appropriate in the particular instance for the protection of depositors, borrowers, or members and the public interest:
(a) the proposed articles of incorporation and bylaws set forth in 32-2-805 through 32-2-807 ;
(b) an application for reservation of a name in accordance with 35-14-402 , if reservation is desired by the incorporators and has not been previously filed; and
(c) information to demonstrate the proposed mutual association will satisfy the following requirements:
(i) a persuasive showing that there is a reasonable public necessity and demand for a new mutual association at the proposed location;
(ii) that the mutual association will be managed by persons of good moral character and financial integrity who have sufficient management experience to ensure that the mutual association will be operated safely and soundly;
(iii) a persuasive showing that the new mutual association will have sufficient volume of business to ensure solvency and that establishment of the new mutual association organized under the laws of this state will be in the public interest;
(iv) the proposed minimum amount of initial capital contribution to be deposited, which must be set by the commissioner;
(v) an application fee, which must be set by the department by rule; and
(vi) Any other information the commissioner requires by rule or in a specific application.

Legislative History

En. Sec. 16, Ch. 431, L. 2021.