(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.
Source: L. 31: p. 295, � 1. CSA: C. 47, � 1. L. 41: p. 370, � 1. CRS 53: � 38-1-1. C.R.S. 1963: � 38-1-1. L. 67: p. 315, � 1. L. 73: p. 497, � 1. L. 79: (2)(a) amended, p. 414, � 1, effective May 22. L. 83: (2)(a) amended and (2)(c) added, p. 483, � 1, effective July1; (4) amended, p. 876, � 39, effective July 1. L. 89: (3) amended, p. 608, � 1, effective April 19. L. 90: (1) and (2)(b) amended, p. 1837, � 6, effective May 31. L. 93: (1)(b), (3), and (4) amended, p. 1442, � 1, effective June 6; (5) amended, p. 861, � 27, effective July 1, 1994. L. 94: (3) amended, p. 62, � 1, effective July 1. L. 96: (2)(a), (2)(b), (3)(a), and (4) amended, p. 184, � 1, effective April 8. L. 2024: (5) amended, (HB 24-1381), ch. 350, p. 2365, � 10, effective August 7.
11-30-101.7. Hearing procedures for community field of membership credit unions. (1) An application for a community field of membership shall be subject to approval by the board after the required notice and hearing requirements in this section are met.
(2) Upon submission by the commissioner, pursuant to section 11-30-101 (3), of a community field of membership application, the board shall hold a public hearing to consider the application. Such hearing shall be set by the board within six months after receipt of an application from a group that is subject to the requirements of this section; except that the board may postpone such hearing for valid reasons and good cause.
(3) (a) The board shall give notice of a hearing on a community field of membership application at least thirty days before the hearing date to the principal office of each credit union, savings and loan association, or bank within the neighborhood, community, or rural district sought to be served by the proposed community credit union and to other persons or credit unions, savings and loan associations, or banks that the board may designate.
(b) Such notice must be in the form prescribed by the board and must include the names of the incorporators, the name and location of the proposed community credit union, the date, time, and place of the hearing, and a statement that the application and proposed or amended articles of incorporation and proposed bylaws are available for inspection in the office of the board. The board shall also cause such notice to be published at least once, not less than twenty days prior to the hearing date, in a newspaper of general circulation within the neighborhood, community, or rural district in which the proposed credit union is to be located.
(c) Notwithstanding any other provisions in this section to the contrary, if the board has given the required notice of a hearing and as of the tenth day prior to the hearing has received no written protest against such application, the board may grant such community field of membership without a hearing if the applicants are known to the board.
(4) On hearing, the board may admit into evidence the application and any other relevant information in the files of the division. The applicant and all others who receive notice by registered or certified mail pursuant to subsection (3) of this section shall be entitled to be heard and to introduce testimony at such hearing. The board may entertain such evidence or testimony from others as the board determines, in its sole discretion, to be necessary.
(5) Within ninety days after a hearing, the board shall issue a written order granting a community field of membership if the board finds:
(a) That the application, articles of incorporation, and bylaws conform to the provisions of this article and any rules promulgated by the board;
(b) That the credit union would benefit its members or proposed members, consistent with the purposes of this article 30; that the general character and fitness of the incorporators is appropriate; and that it is advisable from an economic standpoint to establish the proposed credit union; and
(c) That the neighborhood, community, or rural district is politically, geographically, socially, or economically well defined.
(d) Repealed.
(6) A credit union seeking to establish a community field of membership as part of a conversion from a federal to a state charter is subject to the notice and hearing requirements of this section.
Source: L. 93: Entire section added, p. 1443, � 2, effective June 6. L. 2004: (1), (2), (3), IP(5), and (6) amended, p. 129, � 1, effective July 1. L. 2013: (3) amended, (SB 13-154), ch. 282, p. 1471, � 28, effective July 1. L. 2024: (3)(a), IP(5), (5)(b), and (5)(c) amended and (5)(d) repealed, (HB 24-1381), ch. 350, p. 2363, � 6, effective August 7.