(1) A Colorado bank holding company may acquire control of out-of-state bank holding companies and out-of-state banks; and, subject to the limitations of subsections (2) to (6) of this section, an out-of-state bank holding company may acquire control of Colorado financial institutions.
An out-of-state bank holding company may, after July 1, 2013, acquire control of,merge with, or acquire all or substantially all of the assets of, a Colorado depository institution having its principal place of business in Colorado. An out-of-state bank holding company acquiring control of a Colorado bank holding company or thrift holding company may, after July 1, 2013, acquire control of or merge with any Colorado depository institution controlled by the Colorado bank holding company or thrift holding company.
A bank holding company may acquire control of any Colorado bank by organizing orseeking to charter a de novo Colorado bank.
A bank holding company may not acquire control of any financial institution if suchacquisition of control will result, at the time of such acquisition, in the bank holding company controlling more than twenty-five percent of the aggregate of all deposits in all banks, savings and loan associations, federal savings banks, and other financial institutions located in Colorado, which are federally insured. For the purpose of this subsection (4), deposits shall be determined based upon the public reports most recently filed with the appropriate federal regulatory agency.
A bank holding company may not acquire control of a Colorado financial institutionunless, immediately before such acquisition, such bank holding company has such capital as the banking board may require by rule.
Interstate branching through the acquisition of a branch of an insured financial institution without the acquisition of such financial institution is expressly authorized. De novo interstate branching is expressly authorized. Deposit production offices are expressly prohibited.
No bank holding company may acquire control of any financial institution that controls a Colorado financial institution except in accordance with the provisions of this section and with prior approval of the federal reserve board under section 3(a) of the federal "Bank Holding Company Act", 12 U.S.C. sec. 1842 (a).
A bank or bank holding company that intends to acquire control of any Coloradofinancial institution or to conduct interstate branching in Colorado shall provide the banking board with the name or names under which it proposes to conduct the business of such bank, bank holding company, or branch. The bank or bank holding company shall not be eligible to conduct interstate branching or make any such acquisition if the proposed name is either:
(a) Identical to or deceptively similar to the name of any existing Colorado financial institution; except that this paragraph (a) shall not apply if the bank or bank holding company obtains express written consent of the affected existing Colorado financial institution; or (b) Likely to cause the public to be confused, deceived, or mistaken.
Concurrently with the filing of its application or notice with the appropriate federalor state regulatory agency concerning the acquisition, merger, or control of a Colorado financial institution, or concerning an interstate branch, a bank or bank holding company shall file a copy of the application or notice with the banking board, which may submit advisory comments to the appropriate federal or state regulatory agency.
A bank or bank holding company shall not conduct interstate branching in Colorado, merge with, or acquire control, directly or indirectly, of any Colorado financial institution without first obtaining a certificate from the banking board certifying that such branch, merger, or acquisition complies with this article and the "Public Deposit Protection Act", article 10.5 of this title.
Source: L. 2003: Entire article added with relocations, p. 1110, § 3, effective July 1. L. 2013: (2), (3), (6), (9), and (10) amended, (SB13-154), ch. 282, pp. 1465, 1484, §§ 11, 53, effective July 1.
Editor's note: (1) This section is similar to former § 11-6.4-103 as it existed prior to 2003.
(2) Amendments to subsection (2) by sections 11 and 53 of Senate Bill 13-154 were harmonized.