| Old | New | Differences | |
|---|---|---|---|
| 1 | - | General Assembly Substitute Bill No. 232 | |
| 2 | - | January Session, 2013 *_____SB00232BA____031413____* | |
| 1 | + | General Assembly Raised Bill No. 232 | |
| 2 | + | January Session, 2013 LCO No. 587 | |
| 3 | + | *00587_______BA_* | |
| 4 | + | Referred to Committee on BANKS | |
| 5 | + | Introduced by: | |
| 6 | + | (BA) | |
| 3 | 7 | ||
| 4 | 8 | General Assembly | |
| 5 | 9 | ||
| 6 | - | ||
| 10 | + | Raised Bill No. 232 | |
| 7 | 11 | ||
| 8 | 12 | January Session, 2013 | |
| 9 | 13 | ||
| 10 | - | *_____SB00232BA____031413____* | |
| 14 | + | LCO No. 587 | |
| 15 | + | ||
| 16 | + | *00587_______BA_* | |
| 17 | + | ||
| 18 | + | Referred to Committee on BANKS | |
| 19 | + | ||
| 20 | + | Introduced by: | |
| 21 | + | ||
| 22 | + | (BA) | |
| 11 | 23 | ||
| 12 | 24 | AN ACT CONCERNING REVISIONS TO THE BANKING STATUTES. | |
| 13 | 25 | ||
| 14 | 26 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 15 | 27 | ||
| 16 | - | Section 1. Subsection (a) of section 36a-17 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
| 17 | - | ||
| 18 | - | (a) The commissioner, in the commissioner's discretion, may, subject to the provisions of section 36a-21 and the Freedom of Information Act, as defined in section 1-200, [;] (1) make such public or private investigations or examinations within or outside this state, concerning any person subject to the jurisdiction of the commissioner, as the commissioner deems necessary to carry out the duties of the commissioner, (2) require or permit any person to testify, produce a record or file a statement in writing, under oath, or otherwise as the commissioner determines, as to all the facts and circumstances concerning the matter to be investigated or about which an action or proceeding is pending, and (3) publish information concerning any violation of any provision of the general statutes within the jurisdiction of the commissioner or any regulation or order adopted or issued under such provision. | |
| 19 | - | ||
| 20 | - | Sec. 2. Subsection (a) of section 36a-196 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
| 28 | + | Section 1. Subsection (a) of section 36a-196 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
| 21 | 29 | ||
| 22 | 30 | (a) Following the reorganization of any mutual savings bank or mutual savings and loan association pursuant to sections 36a-192 to 36a-199, inclusive, the reorganized savings institution of such mutual holding company shall not sell or offer to sell its common stock or securities convertible into common stock unless each eligible account holder of the reorganized savings institution receives, without payment, nontransferable subscription rights to purchase common stock or securities convertible into common stock, as the case may be, of the reorganized savings institution pursuant to a subscription offering: (1) In which every eligible account holder may receive the right, subject to modification in the event of an over-subscription to the subscription offering by all eligible account holders, to purchase up to a maximum of one-half of one per cent of the total number of the shares of common stock or securities convertible into common stock, as the case may be, being offered by the reorganized savings institution; (2) in which every eligible account holder, regardless of such account holder's relationship to the reorganized savings institution, may participate at the same time as every other eligible account holder; and (3) which offering shall precede any offering of the reorganized savings institution's common stock or securities convertible into common stock, as the case may be, to the members of the general public. The terms of the subscription offering may provide that any savings account with total balances of less than five hundred dollars, or any lesser amount as determined by the governing board of the reorganized savings institution, shall not constitute a qualifying deposit for participation in the subscription offering. Not later than fifteen days from the date of submission to the commissioner of a plan outlining the terms of the subscription offering, the reorganized savings institution shall mail by first class mail a notice to each eligible account holder as of the eligibility record date indicating that: [(1)] (A) The governing board of the reorganized savings institution has approved the sale of a certain number of shares of common stock or securities convertible into common stock, as the case may be; [(2)] (B) such eligible account holder shall have nontransferable rights to subscribe for shares of the common stock or securities convertible into common stock, as the case may be, of the reorganized savings institution; [(3)] (C) the holders of capital stock of the reorganized savings bank shall have exclusive voting rights; [(4)] (D) the right to subscribe to shares of common stock or securities convertible into common stock, as the case may be, will expire unless such rights are exercised by the eligible account holder within the time period specified in such notice, which date shall not be less than sixty days from the date of the submission to the commissioner of the plan outlining the terms of the subscription offering; and [(5)] (E) in order to obtain further information with respect to the subscription offering, the eligible account holder shall indicate such eligible account holder's interest to the reorganized savings institution by returning a postage prepaid expression of interest sent by the reorganized savings institution not later than the date set forth in the notice, which date shall be not less than thirty days from the date of the submission to the commissioner of the plan outlining the terms of the subscription offering. In mailing such notice to eligible account holders, the reorganized savings institution may rely upon the last-known valid address of such account holder in its possession. The reorganized savings institution shall have no further obligation to forward information regarding the conversion offering to eligible account holders who have not returned postage prepaid expressions of interest or responded otherwise in writing to such notice. | |
| 23 | 31 | ||
| 24 | - | Sec. | |
| 32 | + | Sec. 2. Subsection (c) of section 36a-380 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
| 25 | 33 | ||
| 26 | 34 | (c) As used in sections 36a-380 to 36a-386, inclusive, "entity" means a corporation, joint stock company, association, partnership, limited partnership, unincorporated organization, limited liability company or similar organization, but does not include any corporation of which the majority of the shares are owned by the United States or by any state. | |
| 27 | 35 | ||
| 28 | - | Sec. | |
| 36 | + | Sec. 3. Subdivision (15) of section 36a-485 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage: | |
| 29 | 37 | ||
| 30 | 38 | (15) "Mortgage broker" (A) means a person who (i) for compensation or gain or with the expectation of compensation or gain (I) takes a residential mortgage loan application, or (II) offers or negotiates terms of a residential mortgage loan, and (ii) is not the prospective source of the funds for the residential mortgage loan, and (B) [but] does not include (i) an individual who is licensed as a mortgage loan originator acting as a mortgage loan originator on behalf of such mortgage loan originator's sponsoring mortgage lender, mortgage correspondent lender, mortgage broker or exempt registrant, or (ii) an individual exempt from mortgage loan originator licensure under subdivision (2) of subsection (b) of section 36a-486 when acting within the scope of such exemption; | |
| 31 | 39 | ||
| 32 | - | Sec. | |
| 40 | + | Sec. 4. Subdivision (3) of subsection (c) of section 36a-534b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
| 33 | 41 | ||
| 34 | 42 | (3) Any person making any filing or submission of any information on the system shall do so in accordance with the procedures and requirements of the system and pay the applicable fees or charges to the system. Each mortgage lender, mortgage correspondent lender, mortgage broker, mortgage loan originator and loan processor or underwriter licensee and each exempt registrant, to the extent required by the system, shall timely submit to the system accurate reports of condition that shall be in such form and shall contain such information as the system may require. Failure by a licensee to submit a timely and accurate report of condition shall constitute a violation of this provision. Failure of an exempt registrant to timely and accurately submit a report of condition shall form a basis to inactivate the licenses of all sponsored mortgage loan originators or loan processor or underwriters. To the extent that the system does not require submission of reports of condition by individual mortgage loan originator or loan processor or underwriter licensees, such individual licensees shall timely and accurately report all required information in their possession to their sponsor for purposes of their sponsor's reporting obligation. Failure of an individual licensee to timely and accurately report required information in [their] such licensee's possession to [their] such licensee's sponsor shall constitute a violation of this provision. | |
| 35 | 43 | ||
| 36 | 44 | ||
| 37 | 45 | ||
| 38 | 46 | ||
| 39 | 47 | This act shall take effect as follows and shall amend the following sections: | |
| 40 | - | Section 1 from passage 36a-17(a) | |
| 41 | - | Sec. 2 from passage 36a-196(a) | |
| 42 | - | Sec. 3 from passage 36a-380(c) | |
| 43 | - | Sec. 4 from passage 36a-485(15) | |
| 44 | - | Sec. 5 from passage 36a-534b(c)(3) | |
| 48 | + | Section 1 from passage 36a-196(a) | |
| 49 | + | Sec. 2 from passage 36a-380(c) | |
| 50 | + | Sec. 3 from passage: (15 36a-485(15) | |
| 51 | + | Sec. 4 from passage 36a-534b(c)(3) | |
| 45 | 52 | ||
| 46 | 53 | This act shall take effect as follows and shall amend the following sections: | |
| 47 | 54 | ||
| 48 | 55 | Section 1 | |
| 49 | 56 | ||
| 50 | 57 | from passage | |
| 51 | 58 | ||
| 52 | - | 36a- | |
| 59 | + | 36a-196(a) | |
| 53 | 60 | ||
| 54 | 61 | Sec. 2 | |
| 55 | 62 | ||
| 56 | 63 | from passage | |
| 57 | 64 | ||
| 58 | - | 36a- | |
| 65 | + | 36a-380(c) | |
| 59 | 66 | ||
| 60 | 67 | Sec. 3 | |
| 61 | 68 | ||
| 62 | - | from passage | |
| 69 | + | from passage: | |
| 63 | 70 | ||
| 64 | - | 36a-380(c) | |
| 71 | + | (15 | |
| 72 | + | ||
| 73 | + | 36a-485(15) | |
| 65 | 74 | ||
| 66 | 75 | Sec. 4 | |
| 67 | 76 | ||
| 68 | 77 | from passage | |
| 69 | 78 | ||
| 70 | - | 36a-485(15) | |
| 71 | - | ||
| 72 | - | Sec. 5 | |
| 73 | - | ||
| 74 | - | from passage | |
| 75 | - | ||
| 76 | 79 | 36a-534b(c)(3) | |
| 77 | 80 | ||
| 81 | + | Statement of Purpose: | |
| 78 | 82 | ||
| 79 | - | ||
| 80 | - | BA Joint Favorable Subst. | |
| 81 | - | ||
| 82 | - | BA | |
| 83 | - | ||
| 84 | - | Joint Favorable Subst. | |
| 83 | + | To make revisions to the banking statutes. |