Connecticut 2025 Regular Session

Connecticut Senate Bill SB01256 Compare Versions

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5-General Assembly Substitute Bill No. 1256
5+General Assembly Raised Bill No. 1256
66 January Session, 2025
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10+Referred to Committee on BANKING
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13+Introduced by:
14+(BA)
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1219 AN ACT CONCERNING THE ORGANIZATION, ADMINISTRATION AND
1320 RECEIVERSHIP OF CERTAIN FINANCIAL INSTITUTIONS.
1421 Be it enacted by the Senate and House of Representatives in General
1522 Assembly convened:
1623
1724 Section 1. Subparagraph (H) of subdivision (1) of subsection (d) of 1
1825 section 36a-65 of the general statutes is repealed and the following is 2
1926 substituted in lieu thereof (Effective July 1, 2025): 3
2027 (H) Organization of any Connecticut bank under section 36a-70, as 4
2128 amended by this act, including the conditional preliminary approval for 5
2229 an expedited bank, [fifteen] twenty thousand dollars, except no fee shall 6
2330 be required for the organization of an interim Connecticut bank. 7
2431 Sec. 2. Subsections (h) to (u), inclusive, of section 36a-70 of the general 8
2532 statutes are repealed and the following is substituted in lieu thereof 9
2633 (Effective July 1, 2025): 10
2734 (h) (1) The application shall be approved if the approving authority 11
2835 determines that: (A) The interest of the public will be served to 12
2936 advantage by the establishment of the proposed Connecticut bank; (B) 13
3037 the proposed bank shows reasonable promise of successful operation; 14
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3144 and (C) the proposed directors and officers possess the capacity, 15
3245 character and experience for the duties and responsibilities with which 16
33-they will be charged. 17 Substitute Bill No. 1256
46+they will be charged. 17
47+(2) In determining whether the public will be served to advantage 18
48+under subdivision (1) of this subsection, the approving authority shall 19
49+consider the following factors in light of the proposed business plan of 20
50+the proposed Connecticut bank: (A) The [population of the area to be 21
51+served by the proposed Connecticut bank; (B) the] competitive effect of 22
52+the proposed Connecticut bank on the availability and quality of 23
53+services in the market area to be served; [(C)] (B) the likely impact of the 24
54+proposed Connecticut bank on other financial institutions in the market 25
55+area to be served; and [(D)] (C) the convenience and needs of the market 26
56+area to be served. 27
57+(3) Except as otherwise provided in subsections (p), (q), (r), (s) and (t) 28
58+of this section, the approving authority shall be, in the case of an 29
59+application to organize a bank and trust company or a capital stock 30
60+savings bank, a majority of the commissioner, State Treasurer, and State 31
61+Comptroller, and, in the case of an application to organize a mutual 32
62+savings bank or a mutual or capital stock savings and loan association, 33
63+the commissioner acting alone. 34
64+(i) If the application is approved by the approving authority, a 35
65+temporary certificate of authority, valid for eighteen months, shall be 36
66+issued to the organizers authorizing them to complete the organization 37
67+of the Connecticut bank. The organizers shall thereupon file one copy of 38
68+the temporary certificate of authority and one copy of the certificate of 39
69+incorporation with the Secretary of the State. The commissioner may, 40
70+upon the application of the organizers and after a hearing thereon, 41
71+extend, for cause, the period for which the temporary certificate of 42
72+authority is valid. 43
73+(j) If the application is not approved by the approving authority, the 44
74+approving authority shall, in writing, so notify the organizers. An 45
75+Raised Bill No. 1256
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38-(2) (A) In determining whether the public will be served to advantage 18
39-under subdivision (1) of this subsection, the approving authority shall 19
40-consider the following factors in light of the proposed business plan of 20
41-the proposed Connecticut bank: [(A) The] (i) Except as provided in 21
42-subparagraph (B) of this subdivision, the population of the area to be 22
43-served by the proposed Connecticut bank; [(B)] (ii) the competitive 23
44-effect of the proposed Connecticut bank on the availability and quality 24
45-of services in the market area to be served; [(C)] (iii) the likely impact of 25
46-the proposed Connecticut bank on other financial institutions in the 26
47-market area to be served; and [(D)] (iv) the convenience and needs of 27
48-the market area to be served. 28
49-(B) The provisions of subparagraph (A)(i) of this subdivision shall not 29
50-apply to an innovation bank organized pursuant to subsection (t) of this 30
51-section. 31
52-(3) Except as otherwise provided in subsections (p), (q), (r), (s) and (t) 32
53-of this section, the approving authority shall be, in the case of an 33
54-application to organize a bank and trust company or a capital stock 34
55-savings bank, a majority of the commissioner, State Treasurer, and State 35
56-Comptroller, and, in the case of an application to organize a mutual 36
57-savings bank or a mutual or capital stock savings and loan association, 37
58-the commissioner acting alone. 38
59-(i) If the application is approved by the approving authority, a 39
60-temporary certificate of authority, valid for eighteen months, shall be 40
61-issued to the organizers authorizing them to complete the organization 41
62-of the Connecticut bank. The organizers shall thereupon file one copy of 42
63-the temporary certificate of authority and one copy of the certificate of 43
64-incorporation with the Secretary of the State. The commissioner may, 44
65-upon the application of the organizers and after a hearing thereon, 45
66-extend, for cause, the period for which the temporary certificate of 46
67-authority is valid. 47
68-(j) If the application is not approved by the approving authority, the 48
69-approving authority shall, in writing, so notify the organizers. An 49 Substitute Bill No. 1256
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81+appeal from the decision approving or disapproving the application 46
82+may be taken in accordance with chapter 54. 47
83+(k) (1) Prior to the issuance of a final certificate of authority, the 48
84+organizers may (A) with the approval of the commissioner, amend the 49
85+proposed certificate of incorporation to change (i) the name or the type 50
86+of the Connecticut bank, (ii) the town in which the main office of the 51
87+Connecticut bank is to be located, (iii) in the case of a capital stock 52
88+Connecticut bank, the amount, authorized number and par value, if any, 53
89+of shares of its capital stock, or (iv) the name of an organizer or 54
90+prospective initial director of the Connecticut bank; (B) with the 55
91+approval of the approving authority, amend a material provision of the 56
92+proposed business plan, or amend the proposed certificate of 57
93+incorporation to change the minimum amount of equity capital with 58
94+which the Connecticut bank shall commence business, which amount 59
95+may be less than its authorized capital but not less than that required by 60
96+subsection (b) of this section; or (C) file notice with the commissioner to 61
97+amend the proposed certificate of incorporation to change the 62
98+occupation or residence, post office or business address of any organizer 63
99+or prospective initial director of the Connecticut bank. 64
100+(2) Upon receipt of an application to change the name of a 65
101+Connecticut bank under subparagraph (A)(i) of subdivision (1) of this 66
102+subsection, the commissioner shall cause notice of the filing of such 67
103+application to be published in the department's weekly bulletin. The 68
104+notice shall state that written objections to such application may be 69
105+made, for a period of thirty days from the date of publication of the 70
106+bulletin, on the grounds that the name selected will tend to confuse the 71
107+public. If, in the opinion of the commissioner, the name selected by the 72
108+organizers will not tend to confuse the public and if no objection is filed, 73
109+the commissioner shall approve such change of name. If, in the opinion 74
110+of the commissioner, the name selected will tend to confuse the public 75
111+or if an objection is filed, the commissioner shall order a hearing to be 76
112+held not less than twenty or more than thirty days from the date 77
113+originally set for the filing of objections to the application for change of 78
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74-appeal from the decision approving or disapproving the application 50
75-may be taken in accordance with chapter 54. 51
76-(k) (1) Prior to the issuance of a final certificate of authority, the 52
77-organizers may (A) with the approval of the commissioner, amend the 53
78-proposed certificate of incorporation to change (i) the name or the type 54
79-of the Connecticut bank, (ii) the town in which the main office of the 55
80-Connecticut bank is to be located, (iii) in the case of a capital stock 56
81-Connecticut bank, the amount, authorized number and par value, if any, 57
82-of shares of its capital stock, or (iv) the name of an organizer or 58
83-prospective initial director of the Connecticut bank; (B) with the 59
84-approval of the approving authority, amend a material provision of the 60
85-proposed business plan, or amend the proposed certificate of 61
86-incorporation to change the minimum amount of equity capital with 62
87-which the Connecticut bank shall commence business, which amount 63
88-may be less than its authorized capital but not less than that required by 64
89-subsection (b) of this section; or (C) file notice with the commissioner to 65
90-amend the proposed certificate of incorporation to change the 66
91-occupation or residence, post office or business address of any organizer 67
92-or prospective initial director of the Connecticut bank. 68
93-(2) Upon receipt of an application to change the name of a 69
94-Connecticut bank under subparagraph (A)(i) of subdivision (1) of this 70
95-subsection, the commissioner shall cause notice of the filing of such 71
96-application to be published in the department's weekly bulletin. The 72
97-notice shall state that written objections to such application may be 73
98-made, for a period of thirty days from the date of publication of the 74
99-bulletin, on the grounds that the name selected will tend to confuse the 75
100-public. If, in the opinion of the commissioner, the name selected by the 76
101-organizers will not tend to confuse the public and if no objection is filed, 77
102-the commissioner shall approve such change of name. If, in the opinion 78
103-of the commissioner, the name selected will tend to confuse the public 79
104-or if an objection is filed, the commissioner shall order a hearing to be 80
105-held not less than twenty or more than thirty days from the date 81
106-originally set for the filing of objections to the application for change of 82
107-name, and notice of such hearing shall be published in the department's 83 Substitute Bill No. 1256
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120+name, and notice of such hearing shall be published in the department's 79
121+weekly bulletin at least fourteen days prior to the hearing. At the 80
122+hearing, the commissioner shall hear all persons desiring to be heard 81
123+and shall make a ruling within fifteen days. 82
124+(3) The organizers shall file with the Secretary of the State any 83
125+approval issued pursuant to this subsection, and the approved 84
126+amendment shall become effective upon such filing. In the case of an 85
127+amendment notice pursuant to subparagraph (C) of subdivision (1) of 86
128+this subsection, the organizers shall file such amendment with the 87
129+Secretary of the State, and such amendment shall become effective upon 88
130+such filing. 89
131+(l) The approving authority shall cause to be made an examination of 90
132+the proposed Connecticut bank upon notice from the organizers that the 91
133+following conditions have occurred: (1) The proposed bank has been 92
134+fully organized according to law; (2) the State Treasurer has been paid 93
135+the franchise tax and filing fee specified in subsection (o) of this section; 94
136+(3) the proposed bank has raised the minimum equity capital required; 95
137+and (4) in the case of a proposed capital stock Connecticut bank, a 96
138+certified list of each subscriber who will own at least five per cent of any 97
139+class of voting securities of the proposed bank, showing the number of 98
140+shares owned by each, has been filed with the commissioner. If all 99
141+provisions of law have been complied with, a final certificate of 100
142+authority to commence the business for which the bank was organized 101
143+shall be issued by the approving authority. One copy of the final 102
144+certificate shall be filed with the Secretary of the State, one copy shall be 103
145+retained by the bank, and one copy shall be retained by the 104
146+commissioner. 105
147+(m) The reasonable charges and expenses of organization or 106
148+reorganization of a capital stock Connecticut bank, and the reasonable 107
149+expenses of any compensation or discount for the sale, underwriting or 108
150+purchase of its shares, may be paid or allowed by such bank out of the 109
151+par value received by it for its shares, or in the case of shares without 110
152+Raised Bill No. 1256
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112-weekly bulletin at least fourteen days prior to the hearing. At the 84
113-hearing, the commissioner shall hear all persons desiring to be heard 85
114-and shall make a ruling within fifteen days. 86
115-(3) The organizers shall file with the Secretary of the State any 87
116-approval issued pursuant to this subsection, and the approved 88
117-amendment shall become effective upon such filing. In the case of an 89
118-amendment notice pursuant to subparagraph (C) of subdivision (1) of 90
119-this subsection, the organizers shall file such amendment with the 91
120-Secretary of the State, and such amendment shall become effective upon 92
121-such filing. 93
122-(l) The approving authority shall cause to be made an examination of 94
123-the proposed Connecticut bank upon notice from the organizers that the 95
124-following conditions have occurred: (1) The proposed bank has been 96
125-fully organized according to law; (2) the State Treasurer has been paid 97
126-the franchise tax and filing fee specified in subsection (o) of this section; 98
127-(3) the proposed bank has raised the minimum equity capital required; 99
128-and (4) in the case of a proposed capital stock Connecticut bank, a 100
129-certified list of each subscriber who will own at least five per cent of any 101
130-class of voting securities of the proposed bank, showing the number of 102
131-shares owned by each, has been filed with the commissioner. If all 103
132-provisions of law have been complied with, a final certificate of 104
133-authority to commence the business for which the bank was organized 105
134-shall be issued by the approving authority. One copy of the final 106
135-certificate shall be filed with the Secretary of the State, one copy shall be 107
136-retained by the bank, and one copy shall be retained by the 108
137-commissioner. 109
138-(m) The reasonable charges and expenses of organization or 110
139-reorganization of a capital stock Connecticut bank, and the reasonable 111
140-expenses of any compensation or discount for the sale, underwriting or 112
141-purchase of its shares, may be paid or allowed by such bank out of the 113
142-par value received by it for its shares, or in the case of shares without 114
143-par value, out of the stated capital received by it for its shares, without 115
144-rendering such shares not fully paid and nonassessable. 116 Substitute Bill No. 1256
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158+par value, out of the stated capital received by it for its shares, without 111
159+rendering such shares not fully paid and nonassessable. 112
160+(n) The Connecticut bank shall not commence business until: (1) A 113
161+final certificate of authority has been issued in accordance with 114
162+subsection (l) of this section, (2) except in the case of a trust bank, an 115
163+interim Connecticut bank organized pursuant to subsection (p) of this 116
164+section, or an innovation bank organized pursuant to subsection (t) of 117
165+this section, until its insurable accounts or deposits are insured by the 118
166+Federal Deposit Insurance Corporation or its successor agency, and (3) 119
167+it has complied with the requirements of subsection (u) of this section, 120
168+if applicable. The acceptance of subscriptions for deposits by a mutual 121
169+savings bank or mutual savings and loan association as may be 122
170+necessary to obtain insurance by the Federal Deposit Insurance 123
171+Corporation or its successor agency shall not be considered to be 124
172+commencing business. No Connecticut bank other than a trust bank 125
173+may exercise any of the fiduciary powers granted to Connecticut banks 126
174+by law until express authority therefor has been given by the 127
175+commissioner. 128
176+(o) Prior to the issuance of a final certificate of authority to commence 129
177+business in accordance with subsection (l) of this section, the 130
178+Connecticut bank shall pay to the State Treasurer a franchise tax, 131
179+together with a filing fee of twenty dollars for the required papers. The 132
180+franchise tax for a mutual savings bank and mutual savings and loan 133
181+association shall be thirty dollars. The franchise tax for all capital stock 134
182+Connecticut banks shall be one cent per share up to and including the 135
183+first ten thousand authorized shares, one-half cent per share for each 136
184+authorized share in excess of ten thousand shares up to and including 137
185+one hundred thousand shares, one-quarter cent per share for each 138
186+authorized share in excess of one hundred thousand shares up to and 139
187+including one million shares and one-fifth cent per share for each 140
188+authorized share in excess of one million shares. 141
189+(p) (1) One or more persons may organize an interim Connecticut 142
190+Raised Bill No. 1256
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149-(n) The Connecticut bank shall not commence business until: (1) A 117
150-final certificate of authority has been issued in accordance with 118
151-subsection (l) of this section, (2) except in the case of a trust bank, an 119
152-interim Connecticut bank organized pursuant to subsection (p) of this 120
153-section, or an innovation bank organized pursuant to subsection (t) of 121
154-this section, until its insurable accounts or deposits are insured by the 122
155-Federal Deposit Insurance Corporation or its successor agency, and (3) 123
156-it has complied with the requirements of subsection (u) of this section, 124
157-if applicable. The acceptance of subscriptions for deposits by a mutual 125
158-savings bank or mutual savings and loan association as may be 126
159-necessary to obtain insurance by the Federal Deposit Insurance 127
160-Corporation or its successor agency shall not be considered to be 128
161-commencing business. No Connecticut bank other than a trust bank 129
162-may exercise any of the fiduciary powers granted to Connecticut banks 130
163-by law until express authority therefor has been given by the 131
164-commissioner. 132
165-(o) Prior to the issuance of a final certificate of authority to commence 133
166-business in accordance with subsection (l) of this section, the 134
167-Connecticut bank shall pay to the State Treasurer a franchise tax, 135
168-together with a filing fee of twenty dollars for the required papers. The 136
169-franchise tax for a mutual savings bank and mutual savings and loan 137
170-association shall be thirty dollars. The franchise tax for all capital stock 138
171-Connecticut banks shall be one cent per share up to and including the 139
172-first ten thousand authorized shares, one-half cent per share for each 140
173-authorized share in excess of ten thousand shares up to and including 141
174-one hundred thousand shares, one-quarter cent per share for each 142
175-authorized share in excess of one hundred thousand shares up to and 143
176-including one million shares and one-fifth cent per share for each 144
177-authorized share in excess of one million shares. 145
178-(p) (1) One or more persons may organize an interim Connecticut 146
179-bank solely (A) for the acquisition of an existing bank, whether by 147
180-acquisition of stock, by acquisition of assets, or by merger or 148
181-consolidation, or (B) to facilitate any other corporate transaction 149
182-authorized by this title in which the commissioner has determined that 150 Substitute Bill No. 1256
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196+bank solely (A) for the acquisition of an existing bank, whether by 143
197+acquisition of stock, by acquisition of assets, or by merger or 144
198+consolidation, or (B) to facilitate any other corporate transaction 145
199+authorized by this title in which the commissioner has determined that 146
200+such transaction has adequate regulatory supervision to justify the 147
201+organization of an interim Connecticut bank. Such interim Connecticut 148
202+bank shall not accept deposits or otherwise commence business. 149
203+Subdivision (2) of subsection (c) and subsections (d), (f), (g), (h) and (o) 150
204+of this section shall not apply to the organization of an interim bank, 151
205+provided the commissioner may, in the commissioner's discretion, 152
206+order a hearing under subsection (e) or require that the organizers 153
207+publish or mail the proposed certificate of incorporation or both. The 154
208+approving authority for an interim Connecticut bank shall be the 155
209+commissioner acting alone. If the approving authority determines that 156
210+the organization of the interim Connecticut bank complies with 157
211+applicable law, the approving authority shall issue a temporary 158
212+certificate of authority conditioned on the approval by the appropriate 159
213+supervisory agency of the corporate transaction for which the interim 160
214+Connecticut bank is formed. 161
215+(2) (A) Notwithstanding any provision of this title, for the period 162
216+from June 13, 2011, to September 30, 2013, inclusive, one or more 163
217+persons may apply to the commissioner for the conditional preliminary 164
218+approval of one or more expedited Connecticut banks organized 165
219+primarily for the purpose of assuming liabilities and purchasing assets 166
220+from the Federal Deposit Insurance Corporation when the Federal 167
221+Deposit Insurance Corporation is acting as receiver or conservator of an 168
222+insured depository institution. The application shall be made on a form 169
223+acceptable to the commissioner and shall be executed and 170
224+acknowledged by the applicant or applicants. Such application shall 171
225+contain sufficient information for the commissioner to evaluate (i) the 172
226+amount, type and sources of capital that would be available to the bank 173
227+or banks; (ii) the ownership structure and holding companies, if any, 174
228+over the bank or banks; (iii) the identity, biographical information and 175
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187-such transaction has adequate regulatory supervision to justify the 151
188-organization of an interim Connecticut bank. Such interim Connecticut 152
189-bank shall not accept deposits or otherwise commence business. 153
190-Subdivision (2) of subsection (c) and subsections (d), (f), (g), (h) and (o) 154
191-of this section shall not apply to the organization of an interim bank, 155
192-provided the commissioner may, in the commissioner's discretion, 156
193-order a hearing under subsection (e) or require that the organizers 157
194-publish or mail the proposed certificate of incorporation or both. The 158
195-approving authority for an interim Connecticut bank shall be the 159
196-commissioner acting alone. If the approving authority determines that 160
197-the organization of the interim Connecticut bank complies with 161
198-applicable law, the approving authority shall issue a temporary 162
199-certificate of authority conditioned on the approval by the appropriate 163
200-supervisory agency of the corporate transaction for which the interim 164
201-Connecticut bank is formed. 165
202-(2) (A) Notwithstanding any provision of this title, for the period 166
203-from June 13, 2011, to September 30, 2013, inclusive, one or more 167
204-persons may apply to the commissioner for the conditional preliminary 168
205-approval of one or more expedited Connecticut banks organized 169
206-primarily for the purpose of assuming liabilities and purchasing assets 170
207-from the Federal Deposit Insurance Corporation when the Federal 171
208-Deposit Insurance Corporation is acting as receiver or conservator of an 172
209-insured depository institution. The application shall be made on a form 173
210-acceptable to the commissioner and shall be executed and 174
211-acknowledged by the applicant or applicants. Such application shall 175
212-contain sufficient information for the commissioner to evaluate (i) the 176
213-amount, type and sources of capital that would be available to the bank 177
214-or banks; (ii) the ownership structure and holding companies, if any, 178
215-over the bank or banks; (iii) the identity, biographical information and 179
216-banking experience of each of the initial organizers and prospective 180
217-initial directors, senior executive officers and any individual, group or 181
218-proposed shareholders of the bank that will own or control ten per cent 182
219-or more of the stock of the bank or banks; (iv) the overall strategic plan 183
220-of the organizers and investors for the bank or banks; and (v) a 184 Substitute Bill No. 1256
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235+banking experience of each of the initial organizers and prospective 176
236+initial directors, senior executive officers and any individual, group or 177
237+proposed shareholders of the bank that will own or control ten per cent 178
238+or more of the stock of the bank or banks; (iv) the overall strategic plan 179
239+of the organizers and investors for the bank or banks; and (v) a 180
240+preliminary business plan outlining intended product and business 181
241+lines, retail branching plans and capital, earnings and liquidity 182
242+projections. The commissioner, acting alone, shall grant conditional 183
243+preliminary approval of such application to organize if the 184
244+commissioner determines that the organizers have available sufficient 185
245+committed funds to invest in the bank or banks; the organizers and 186
246+proposed directors possess capacity and fitness for the duties and 187
247+responsibilities with which they will be charged; the proposed bank or 188
248+banks have a reasonable chance of success and will be operated in a safe 189
249+and sound manner; and the fee for investigating and processing the 190
250+application has been paid in accordance with subparagraph (H) of 191
251+subdivision (1) of subsection (d) of section 36a-65, as amended by this 192
252+act. Such preliminary approval shall be subject to such conditions as the 193
253+commissioner deems appropriate, including the requirements that the 194
254+bank or banks not commence the business of a Connecticut bank until 195
255+after their bid or application for a particular insured depository 196
256+institution is accepted by the Federal Deposit Insurance Corporation, 197
257+that the background checks are satisfactory, and that the organizers 198
258+submit, for the safety and soundness review by the commissioner, more 199
259+detailed operating plans and current financial statements as potential 200
260+acquisition transactions are considered, and such plans and statements 201
261+are satisfactory to the commissioner. The commissioner may alter, 202
262+suspend or revoke the conditional preliminary approval if the 203
263+commissioner deems any interim development warrants such action. 204
264+The conditional preliminary approval shall expire eighteen months 205
265+from the date of approval, unless extended by the commissioner. 206
266+(B) The commissioner shall not issue a final certificate of authority to 207
267+commence the business of a Connecticut bank or banks under this 208
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225-preliminary business plan outlining intended product and business 185
226-lines, retail branching plans and capital, earnings and liquidity 186
227-projections. The commissioner, acting alone, shall grant conditional 187
228-preliminary approval of such application to organize if the 188
229-commissioner determines that the organizers have available sufficient 189
230-committed funds to invest in the bank or banks; the organizers and 190
231-proposed directors possess capacity and fitness for the duties and 191
232-responsibilities with which they will be charged; the proposed bank or 192
233-banks have a reasonable chance of success and will be operated in a safe 193
234-and sound manner; and the fee for investigating and processing the 194
235-application has been paid in accordance with subparagraph (H) of 195
236-subdivision (1) of subsection (d) of section 36a-65, as amended by this 196
237-act. Such preliminary approval shall be subject to such conditions as the 197
238-commissioner deems appropriate, including the requirements that the 198
239-bank or banks not commence the business of a Connecticut bank until 199
240-after their bid or application for a particular insured depository 200
241-institution is accepted by the Federal Deposit Insurance Corporation, 201
242-that the background checks are satisfactory, and that the organizers 202
243-submit, for the safety and soundness review by the commissioner, more 203
244-detailed operating plans and current financial statements as potential 204
245-acquisition transactions are considered, and such plans and statements 205
246-are satisfactory to the commissioner. The commissioner may alter, 206
247-suspend or revoke the conditional preliminary approval if the 207
248-commissioner deems any interim development warrants such action. 208
249-The conditional preliminary approval shall expire eighteen months 209
250-from the date of approval, unless extended by the commissioner. 210
251-(B) The commissioner shall not issue a final certificate of authority to 211
252-commence the business of a Connecticut bank or banks under this 212
253-subdivision until all conditions and preopening requirements and 213
254-applicable state and federal regulatory requirements have been met and 214
255-the fee for issuance of a final certificate of authority for an expedited 215
256-Connecticut bank has been paid in accordance with subparagraph (M) 216
257-of subdivision (1) of subsection (d) of section 36a-65. The commissioner 217
258-may waive any requirement under this title or regulations adopted 218 Substitute Bill No. 1256
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274+subdivision until all conditions and preopening requirements and 209
275+applicable state and federal regulatory requirements have been met and 210
276+the fee for issuance of a final certificate of authority for an expedited 211
277+Connecticut bank has been paid in accordance with subparagraph (M) 212
278+of subdivision (1) of subsection (d) of section 36a-65. The commissioner 213
279+may waive any requirement under this title or regulations adopted 214
280+under this title that is necessary for the consummation of an acquisition 215
281+involving an expedited Connecticut bank if the commissioner finds that 216
282+such waiver is advisable and in the interest of depositors or the public, 217
283+provided the commissioner shall not waive the requirement that the 218
284+institution's insurable accounts or deposits be federally insured. Any 219
285+such waiver granted by the commissioner under this subparagraph 220
286+shall be in writing and shall set forth the reason or reasons for the 221
287+waiver. The commissioner may impose conditions on the final certificate 222
288+of authority as the commissioner deems necessary to ensure that the 223
289+bank will be operated in a safe and sound manner. The commissioner 224
290+shall cause notice of the issuance of the final certificate of authority to be 225
291+published in the department's weekly bulletin. 226
292+(q) (1) As used in this subsection, "bankers' bank" means a 227
293+Connecticut bank that is (A) owned exclusively by (i) any combination 228
294+of banks, out-of-state banks, Connecticut credit unions, federal credit 229
295+unions, or out-of-state credit unions, or (ii) a bank holding company that 230
296+is owned exclusively by any such combination, and (B) engaged 231
297+exclusively in providing services for, or that indirectly benefit, other 232
298+banks, out-of-state banks, Connecticut credit unions, federal credit 233
299+unions, or out-of-state credit unions and their directors, officers and 234
300+employees. 235
301+(2) One or more persons may organize a bankers' bank in accordance 236
302+with the provisions of this section, except that subsections (g) and (h) of 237
303+this section shall not apply. The approving authority for a bankers' bank 238
304+shall be the commissioner acting alone. Before granting a temporary 239
305+certificate of authority in the case of an application to organize a 240
306+bankers' bank, the approving authority shall consider (A) whether the 241
307+Raised Bill No. 1256
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263-under this title that is necessary for the consummation of an acquisition 219
264-involving an expedited Connecticut bank if the commissioner finds that 220
265-such waiver is advisable and in the interest of depositors or the public, 221
266-provided the commissioner shall not waive the requirement that the 222
267-institution's insurable accounts or deposits be federally insured. Any 223
268-such waiver granted by the commissioner under this subparagraph 224
269-shall be in writing and shall set forth the reason or reasons for the 225
270-waiver. The commissioner may impose conditions on the final certificate 226
271-of authority as the commissioner deems necessary to ensure that the 227
272-bank will be operated in a safe and sound manner. The commissioner 228
273-shall cause notice of the issuance of the final certificate of authority to be 229
274-published in the department's weekly bulletin. 230
275-(q) (1) As used in this subsection, "bankers' bank" means a 231
276-Connecticut bank that is (A) owned exclusively by (i) any combination 232
277-of banks, out-of-state banks, Connecticut credit unions, federal credit 233
278-unions, or out-of-state credit unions, or (ii) a bank holding company that 234
279-is owned exclusively by any such combination, and (B) engaged 235
280-exclusively in providing services for, or that indirectly benefit, other 236
281-banks, out-of-state banks, Connecticut credit unions, federal credit 237
282-unions, or out-of-state credit unions and their directors, officers and 238
283-employees. 239
284-(2) One or more persons may organize a bankers' bank in accordance 240
285-with the provisions of this section, except that subsections (g) and (h) of 241
286-this section shall not apply. The approving authority for a bankers' bank 242
287-shall be the commissioner acting alone. Before granting a temporary 243
288-certificate of authority in the case of an application to organize a 244
289-bankers' bank, the approving authority shall consider (A) whether the 245
290-proposed bankers' bank will facilitate the provision of services that such 246
291-banks, out-of-state banks, Connecticut credit unions, federal credit 247
292-unions, or out-of-state credit unions would not otherwise be able to 248
293-readily obtain, and (B) the character and experience of the proposed 249
294-directors and officers. The application to organize a bankers' bank shall 250
295-be approved if the approving authority determines that the interest of 251
296-the public will be directly or indirectly served to advantage by the 252 Substitute Bill No. 1256
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313+proposed bankers' bank will facilitate the provision of services that such 242
314+banks, out-of-state banks, Connecticut credit unions, federal credit 243
315+unions, or out-of-state credit unions would not otherwise be able to 244
316+readily obtain, and (B) the character and experience of the proposed 245
317+directors and officers. The application to organize a bankers' bank shall 246
318+be approved if the approving authority determines that the interest of 247
319+the public will be directly or indirectly served to advantage by the 248
320+establishment of the proposed bankers' bank, and the proposed 249
321+directors possess capacity and fitness for the duties and responsibilities 250
322+with which they will be charged. 251
323+(3) A bankers' bank shall have all of the powers of and be subject to 252
324+all of the requirements applicable to a Connecticut bank under this title 253
325+which are not inconsistent with this subsection, except to the extent the 254
326+commissioner limits such powers by regulation. Upon the written 255
327+request of a bankers' bank, the commissioner may waive specific 256
328+requirements of this title and the regulations adopted thereunder if the 257
329+commissioner finds that (A) the requirement pertains primarily to banks 258
330+that provide retail or consumer banking services and is inconsistent 259
331+with this subsection, and (B) the requirement may impede the ability of 260
332+the bankers' bank to compete or to provide desired services to its market 261
333+provided, any such waiver and the commissioner's findings shall be in 262
334+writing and shall be made available for public inspection. 263
335+(4) The commissioner may adopt regulations, in accordance with 264
336+chapter 54, to administer the provisions of this subsection. 265
337+(r) (1) As used in this subsection and section 36a-139, "community 266
338+bank" means a Connecticut bank that is organized pursuant to this 267
339+subsection and is subject to the provisions of this subsection and section 268
340+36a-139. 269
341+(2) One or more persons may organize a community bank in 270
342+accordance with the provisions of this section, except that subsection (g) 271
343+of this section shall not apply. Any such community bank shall 272
344+Raised Bill No. 1256
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301-establishment of the proposed bankers' bank, and the proposed 253
302-directors possess capacity and fitness for the duties and responsibilities 254
303-with which they will be charged. 255
304-(3) A bankers' bank shall have all of the powers of and be subject to 256
305-all of the requirements applicable to a Connecticut bank under this title 257
306-which are not inconsistent with this subsection, except to the extent the 258
307-commissioner limits such powers by regulation. Upon the written 259
308-request of a bankers' bank, the commissioner may waive specific 260
309-requirements of this title and the regulations adopted thereunder if the 261
310-commissioner finds that (A) the requirement pertains primarily to banks 262
311-that provide retail or consumer banking services and is inconsistent 263
312-with this subsection, and (B) the requirement may impede the ability of 264
313-the bankers' bank to compete or to provide desired services to its market 265
314-provided, any such waiver and the commissioner's findings shall be in 266
315-writing and shall be made available for public inspection. 267
316-(4) The commissioner may adopt regulations, in accordance with 268
317-chapter 54, to administer the provisions of this subsection. 269
318-(r) (1) As used in this subsection and section 36a-139, "community 270
319-bank" means a Connecticut bank that is organized pursuant to this 271
320-subsection and is subject to the provisions of this subsection and section 272
321-36a-139. 273
322-(2) One or more persons may organize a community bank in 274
323-accordance with the provisions of this section, except that subsection (g) 275
324-of this section shall not apply. Any such community bank shall 276
325-commence business with a minimum equity capital of at least three 277
326-million dollars. The approving authority for a community bank shall be 278
327-the commissioner acting alone. In addition to the considerations and 279
328-determinations required by subsection (h) of this section, before 280
329-granting a temporary certificate of authority to organize a community 281
330-bank, the approving authority shall determine that (A) each of the 282
331-proposed directors and proposed executive officers, as defined in 283
332-subparagraph (D) of subdivision (3) of this subsection, possesses 284 Substitute Bill No. 1256
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350+commence business with a minimum equity capital of at least three 273
351+million dollars. The approving authority for a community bank shall be 274
352+the commissioner acting alone. In addition to the considerations and 275
353+determinations required by subsection (h) of this section, before 276
354+granting a temporary certificate of authority to organize a community 277
355+bank, the approving authority shall determine that (A) each of the 278
356+proposed directors and proposed executive officers, as defined in 279
357+subparagraph (D) of subdivision (3) of this subsection, possesses 280
358+capacity and fitness for the duties and responsibilities with which such 281
359+director or officer will be charged, and (B) there is satisfactory 282
360+community support for the proposed community bank based on 283
361+evidence of such support provided by the organizers to the approving 284
362+authority. If the approving authority cannot make such determination 285
363+with respect to any such proposed director or proposed executive 286
364+officer, the approving authority may refuse to allow such proposed 287
365+director or proposed executive officer to serve in such capacity in the 288
366+proposed community bank. 289
367+(3) A community bank shall have all of the powers of and be subject 290
368+to all of the requirements and limitations applicable to a Connecticut 291
369+bank under this title which are not inconsistent with this subsection, 292
370+except: (A) No community bank may (i) exercise any of the fiduciary 293
371+powers granted to Connecticut banks by law until express authority 294
372+therefor has been given by the approving authority, (ii) establish and 295
373+maintain one or more mutual funds, (iii) invest in derivative securities 296
374+other than mortgage-backed securities fully guaranteed by 297
375+governmental agencies or government sponsored agencies, (iv) own 298
376+any real estate for the present or future use of the bank unless the 299
377+approving authority finds, based on an independently prepared 300
378+analysis of costs and benefits, that it would be less costly to the bank to 301
379+own instead of lease such real estate, or (v) make mortgage loans 302
380+secured by nonresidential real estate the aggregate amount of which, at 303
381+the time of origination, exceeds ten per cent of all assets of such bank; 304
382+(B) the aggregate amount of all loans made by a community bank shall 305
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337-capacity and fitness for the duties and responsibilities with which such 285
338-director or officer will be charged, and (B) there is satisfactory 286
339-community support for the proposed community bank based on 287
340-evidence of such support provided by the organizers to the approving 288
341-authority. If the approving authority cannot make such determination 289
342-with respect to any such proposed director or proposed executive 290
343-officer, the approving authority may refuse to allow such proposed 291
344-director or proposed executive officer to serve in such capacity in the 292
345-proposed community bank. 293
346-(3) A community bank shall have all of the powers of and be subject 294
347-to all of the requirements and limitations applicable to a Connecticut 295
348-bank under this title which are not inconsistent with this subsection, 296
349-except: (A) No community bank may (i) exercise any of the fiduciary 297
350-powers granted to Connecticut banks by law until express authority 298
351-therefor has been given by the approving authority, (ii) establish and 299
352-maintain one or more mutual funds, (iii) invest in derivative securities 300
353-other than mortgage-backed securities fully guaranteed by 301
354-governmental agencies or government sponsored agencies, (iv) own 302
355-any real estate for the present or future use of the bank unless the 303
356-approving authority finds, based on an independently prepared 304
357-analysis of costs and benefits, that it would be less costly to the bank to 305
358-own instead of lease such real estate, or (v) make mortgage loans 306
359-secured by nonresidential real estate the aggregate amount of which, at 307
360-the time of origination, exceeds ten per cent of all assets of such bank; 308
361-(B) the aggregate amount of all loans made by a community bank shall 309
362-not exceed eighty per cent of the total deposits held by such bank; (C) (i) 310
363-the total direct or indirect liabilities of any one obligor, whether or not 311
364-fully secured and however incurred, to any community bank, exclusive 312
365-of such bank's investment in the investment securities of such obligor, 313
366-shall not exceed at the time incurred ten per cent of the equity capital 314
367-and reserves for loan and lease losses of such bank, and (ii) the 315
368-limitations set forth in subsection (a) of section 36a-262 shall apply to 316
369-this subparagraph; and (D) the limitations set forth in subsection (a) of 317
370-section 36a-263 shall apply to all community banks, provided, a 318 Substitute Bill No. 1256
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389+not exceed eighty per cent of the total deposits held by such bank; (C) (i) 306
390+the total direct or indirect liabilities of any one obligor, whether or not 307
391+fully secured and however incurred, to any community bank, exclusive 308
392+of such bank's investment in the investment securities of such obligor, 309
393+shall not exceed at the time incurred ten per cent of the equity capital 310
394+and reserves for loan and lease losses of such bank, and (ii) the 311
395+limitations set forth in subsection (a) of section 36a-262 shall apply to 312
396+this subparagraph; and (D) the limitations set forth in subsection (a) of 313
397+section 36a-263 shall apply to all community banks, provided, a 314
398+community bank may (i) make a mortgage loan to any director or 315
399+executive officer secured by premises occupied or to be occupied by 316
400+such director or officer as a primary residence, (ii) make an educational 317
401+loan to any director or executive officer for the education of any child of 318
402+such director or executive officer, and (iii) extend credit to any director 319
403+or executive officer in an amount not exceeding ten thousand dollars for 320
404+extensions of credit not otherwise specifically authorized in this 321
405+subparagraph. The aggregate amount of all loans or extensions of credit 322
406+made by a community bank pursuant to this subparagraph shall not 323
407+exceed thirty-three and one-third per cent of the equity capital and 324
408+reserves for loan and lease losses of such bank. As used in this 325
409+subparagraph, "executive officer" means every officer of a community 326
410+bank who participates or has authority to participate, other than in the 327
411+capacity of a director, in major policy-making functions of the bank, 328
412+regardless of whether such officer has an official title or whether such 329
413+officer serves without salary or other compensation. The vice president, 330
414+chief financial officer, secretary and treasurer of a community bank are 331
415+presumed to be executive officers unless, by resolution of the governing 332
416+board or by the bank's bylaws, any such officer is excluded from 333
417+participation in major policy-making functions, other than in the 334
418+capacity of a director of the bank, and such officer does not actually 335
419+participate in major policy-making functions. 336
420+(4) The audit and examination requirements set forth in section 36a-337
421+86 shall apply to each community bank. 338
422+Raised Bill No. 1256
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375-community bank may (i) make a mortgage loan to any director or 319
376-executive officer secured by premises occupied or to be occupied by 320
377-such director or officer as a primary residence, (ii) make an educational 321
378-loan to any director or executive officer for the education of any child of 322
379-such director or executive officer, and (iii) extend credit to any director 323
380-or executive officer in an amount not exceeding ten thousand dollars for 324
381-extensions of credit not otherwise specifically authorized in this 325
382-subparagraph. The aggregate amount of all loans or extensions of credit 326
383-made by a community bank pursuant to this subparagraph shall not 327
384-exceed thirty-three and one-third per cent of the equity capital and 328
385-reserves for loan and lease losses of such bank. As used in this 329
386-subparagraph, "executive officer" means every officer of a community 330
387-bank who participates or has authority to participate, other than in the 331
388-capacity of a director, in major policy-making functions of the bank, 332
389-regardless of whether such officer has an official title or whether such 333
390-officer serves without salary or other compensation. The vice president, 334
391-chief financial officer, secretary and treasurer of a community bank are 335
392-presumed to be executive officers unless, by resolution of the governing 336
393-board or by the bank's bylaws, any such officer is excluded from 337
394-participation in major policy-making functions, other than in the 338
395-capacity of a director of the bank, and such officer does not actually 339
396-participate in major policy-making functions. 340
397-(4) The audit and examination requirements set forth in section 36a-341
398-86 shall apply to each community bank. 342
399-(5) The commissioner may adopt regulations, in accordance with 343
400-chapter 54, to administer the provisions of this subsection and section 344
401-36a-139. 345
402-(s) (1) As used in this subsection, "community development bank" 346
403-means a Connecticut bank that is organized to serve the banking needs 347
404-of a well-defined neighborhood, community or other geographic area as 348
405-determined by the commissioner, primarily, but not exclusively, by 349
406-making commercial loans in amounts of one hundred fifty thousand 350
407-dollars or less to existing businesses or to persons seeking to establish 351 Substitute Bill No. 1256
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428+(5) The commissioner may adopt regulations, in accordance with 339
429+chapter 54, to administer the provisions of this subsection and section 340
430+36a-139. 341
431+(s) (1) As used in this subsection, "community development bank" 342
432+means a Connecticut bank that is organized to serve the banking needs 343
433+of a well-defined neighborhood, community or other geographic area as 344
434+determined by the commissioner, primarily, but not exclusively, by 345
435+making commercial loans in amounts of one hundred fifty thousand 346
436+dollars or less to existing businesses or to persons seeking to establish 347
437+businesses located within such neighborhood, community or 348
438+geographic area. 349
439+(2) One or more persons may organize a community development 350
440+bank in accordance with the provisions of this section, except that 351
441+subsection (g) of this section shall not apply. The approving authority 352
442+for a community development bank shall be the commissioner acting 353
443+alone. Any such community development bank shall commence 354
444+business with a minimum equity capital determined by the 355
445+commissioner to be appropriate for the proposed activities of such bank, 356
446+provided, if such proposed activities include accepting deposits, such 357
447+minimum equity capital shall be sufficient to enable such deposits to be 358
448+insured by the Federal Deposit Insurance Corporation or its successor 359
449+agency. 360
450+(3) The state, acting through the State Treasurer, may be the sole 361
451+organizer of a community development bank or may participate with 362
452+any other person or persons in the organization of any community 363
453+development bank, and may own all or a part of any capital stock of 364
454+such bank. No application fee shall be required under subparagraph (H) 365
455+of subdivision (1) of subsection (d) of section 36a-65, as amended by this 366
456+act, and no franchise tax shall be required under subsection (o) of this 367
457+section for any community development bank organized by or in 368
458+participation with the state. 369
459+Raised Bill No. 1256
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412-businesses located within such neighborhood, community or 352
413-geographic area. 353
414-(2) One or more persons may organize a community development 354
415-bank in accordance with the provisions of this section, except that 355
416-subsection (g) of this section shall not apply. The approving authority 356
417-for a community development bank shall be the commissioner acting 357
418-alone. Any such community development bank shall commence 358
419-business with a minimum equity capital determined by the 359
420-commissioner to be appropriate for the proposed activities of such bank, 360
421-provided, if such proposed activities include accepting deposits, such 361
422-minimum equity capital shall be sufficient to enable such deposits to be 362
423-insured by the Federal Deposit Insurance Corporation or its successor 363
424-agency. 364
425-(3) The state, acting through the State Treasurer, may be the sole 365
426-organizer of a community development bank or may participate with 366
427-any other person or persons in the organization of any community 367
428-development bank, and may own all or a part of any capital stock of 368
429-such bank. No application fee shall be required under subparagraph (H) 369
430-of subdivision (1) of subsection (d) of section 36a-65, as amended by this 370
431-act, and no franchise tax shall be required under subsection (o) of this 371
432-section for any community development bank organized by or in 372
433-participation with the state. 373
434-(4) In addition to the considerations and determinations required by 374
435-subsection (h) of this section, before granting a temporary certificate of 375
436-authority to organize a community development bank, the approving 376
437-authority shall determine that (A) each of the proposed directors and 377
438-proposed executive officers possesses capacity and fitness for the duties 378
439-and responsibilities with which such director or officer will be charged, 379
440-and (B) there is satisfactory community support for the proposed 380
441-community development bank based on evidence of such support 381
442-provided by the organizers to the approving authority. If the approving 382
443-authority cannot make such determination with respect to any such 383
444-proposed director or proposed executive officer, the approving 384 Substitute Bill No. 1256
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465+(4) In addition to the considerations and determinations required by 370
466+subsection (h) of this section, before granting a temporary certificate of 371
467+authority to organize a community development bank, the approving 372
468+authority shall determine that (A) each of the proposed directors and 373
469+proposed executive officers possesses capacity and fitness for the duties 374
470+and responsibilities with which such director or officer will be charged, 375
471+and (B) there is satisfactory community support for the proposed 376
472+community development bank based on evidence of such support 377
473+provided by the organizers to the approving authority. If the approving 378
474+authority cannot make such determination with respect to any such 379
475+proposed director or proposed executive officer, the approving 380
476+authority may refuse to allow such proposed director or proposed 381
477+executive officer to serve in such capacity in the proposed community 382
478+development bank. As used in this subdivision, "executive officer" 383
479+means every officer of a community development bank who 384
480+participates or has authority to participate, other than in the capacity of 385
481+a director, in major policy-making functions of the bank, regardless of 386
482+whether such officer has an official title or whether such officer serves 387
483+without salary or other compensation. The vice president, chief financial 388
484+officer, secretary and treasurer of a community development bank are 389
485+presumed to be executive officers unless, by resolution of the governing 390
486+board or by the bank's bylaws, any such officer is excluded from 391
487+participation in major policy-making functions, other than in the 392
488+capacity of a director of the bank, and such officer does not actually 393
489+participate in major policy-making functions. 394
490+(5) Notwithstanding any contrary provision of this title: (A) The 395
491+commissioner may limit the powers that may be exercised by a 396
492+community development bank or impose conditions on the exercise by 397
493+such bank of any power allowed by this title as the commissioner deems 398
494+necessary in the interest of the public and for the safety and soundness 399
495+of the community development bank, provided, any such limitations or 400
496+conditions, or both, shall be set forth in the final certificate of authority 401
497+issued in accordance with subsection (l) of this section; and (B) the 402
498+Raised Bill No. 1256
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449-authority may refuse to allow such proposed director or proposed 385
450-executive officer to serve in such capacity in the proposed community 386
451-development bank. As used in this subdivision, "executive officer" 387
452-means every officer of a community development bank who 388
453-participates or has authority to participate, other than in the capacity of 389
454-a director, in major policy-making functions of the bank, regardless of 390
455-whether such officer has an official title or whether such officer serves 391
456-without salary or other compensation. The vice president, chief financial 392
457-officer, secretary and treasurer of a community development bank are 393
458-presumed to be executive officers unless, by resolution of the governing 394
459-board or by the bank's bylaws, any such officer is excluded from 395
460-participation in major policy-making functions, other than in the 396
461-capacity of a director of the bank, and such officer does not actually 397
462-participate in major policy-making functions. 398
463-(5) Notwithstanding any contrary provision of this title: (A) The 399
464-commissioner may limit the powers that may be exercised by a 400
465-community development bank or impose conditions on the exercise by 401
466-such bank of any power allowed by this title as the commissioner deems 402
467-necessary in the interest of the public and for the safety and soundness 403
468-of the community development bank, provided, any such limitations or 404
469-conditions, or both, shall be set forth in the final certificate of authority 405
470-issued in accordance with subsection (l) of this section; and (B) the 406
471-commissioner may waive in writing any requirement imposed on a 407
472-community development bank under this title or any regulation 408
473-adopted under this title if the commissioner finds that such requirement 409
474-is inconsistent with the powers that may be exercised by such 410
475-community development bank under its final certificate of authority. 411
476-(6) The commissioner may adopt regulations, in accordance with 412
477-chapter 54, to carry out the provisions of this subsection. 413
478-(t) (1) One or more persons may organize an innovation bank in 414
479-accordance with the provisions of this section, except that subsection (g) 415
480-of this section shall not apply. The approving authority for an 416
481-innovation bank shall be the commissioner acting alone. Any such 417 Substitute Bill No. 1256
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504+commissioner may waive in writing any requirement imposed on a 403
505+community development bank under this title or any regulation 404
506+adopted under this title if the commissioner finds that such requirement 405
507+is inconsistent with the powers that may be exercised by such 406
508+community development bank under its final certificate of authority. 407
509+(6) The commissioner may adopt regulations, in accordance with 408
510+chapter 54, to carry out the provisions of this subsection. 409
511+(t) (1) One or more persons may organize an innovation bank in 410
512+accordance with the provisions of this section, except that subsection (g) 411
513+of this section shall not apply. The approving authority for an 412
514+innovation bank shall be the commissioner acting alone. Any such 413
515+innovation bank shall commence business with a minimum equity 414
516+capital of at least five million dollars unless the commissioner 415
517+establishes a different minimum capital requirement for such 416
518+innovation bank based upon its proposed activities. 417
519+(2) An innovation bank shall have all of the powers of and be subject 418
520+to all of the requirements and limitations applicable to a Connecticut 419
521+bank under this title which are not inconsistent with this subsection, 420
522+except no innovation bank may accept retail deposits and, 421
523+notwithstanding any provision of this title, sections 36a-30 to 36a-34, 422
524+inclusive, do not apply to innovation banks. 423
525+(3) (A) An innovation bank shall display conspicuously, at each 424
526+window or other place where deposits are usually accepted, a sign 425
527+stating that deposits are not insured by the Federal Deposit Insurance 426
528+Corporation or its successor agency. 427
529+(B) An innovation bank shall either (i) include in boldface 428
530+conspicuous type on each signature card, passbook, and instrument 429
531+evidencing a deposit the following statement: "This deposit is not 430
532+insured by the FDIC", or (ii) require each depositor to execute a 431
533+statement that acknowledges that the initial deposit and all future 432
534+deposits at the innovation bank are not insured by the Federal Deposit 433
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486-innovation bank shall commence business with a minimum equity 418
487-capital of at least five million dollars unless the commissioner 419
488-establishes a different minimum capital requirement for such 420
489-innovation bank based upon its proposed activities. 421
490-(2) An innovation bank shall have all of the powers of and be subject 422
491-to all of the requirements and limitations applicable to a Connecticut 423
492-bank under this title which are not inconsistent with this subsection, 424
493-except no innovation bank may accept retail deposits and, 425
494-notwithstanding any provision of this title, sections 36a-30 to 36a-34, 426
495-inclusive, do not apply to innovation banks. 427
496-(3) (A) An innovation bank shall display conspicuously, at each 428
497-window or other place where deposits are usually accepted, a sign 429
498-stating that deposits are not insured by the Federal Deposit Insurance 430
499-Corporation or its successor agency. 431
500-(B) An innovation bank shall either (i) include in boldface 432
501-conspicuous type on each signature card, passbook, and instrument 433
502-evidencing a deposit the following statement: "This deposit is not 434
503-insured by the FDIC", or (ii) require each depositor to execute a 435
504-statement that acknowledges that the initial deposit and all future 436
505-deposits at the innovation bank are not insured by the Federal Deposit 437
506-Insurance Corporation or its successor agency. The innovation bank 438
507-shall retain such acknowledgment as long as the depositor maintains 439
508-any deposit with the innovation bank. 440
509-(C) An innovation bank shall include on all of its deposit-related 441
510-advertising a conspicuous statement that deposits are not insured by the 442
511-Federal Deposit Insurance Corporation or its successor agency. 443
512-(4) Notwithstanding any provision of this title, an innovation bank 444
513-may accept and hold nonretail deposits, including, but not limited to, 445
514-nonretail deposits received from a corporation that owns the majority of 446
515-the shares of the innovation bank. An innovation bank may secure 447
516-deposit insurance for such nonretail deposits, including from the 448
517-Federal Deposit Insurance Corporation. 449 Substitute Bill No. 1256
539+LCO No. 4115 15 of 18
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541+Insurance Corporation or its successor agency. The innovation bank 434
542+shall retain such acknowledgment as long as the depositor maintains 435
543+any deposit with the innovation bank. 436
544+(C) An innovation bank shall include on all of its deposit-related 437
545+advertising a conspicuous statement that deposits are not insured by the 438
546+Federal Deposit Insurance Corporation or its successor agency. 439
547+(4) Notwithstanding any provision of this title, an innovation bank 440
548+may accept and hold nonretail deposits, including, but not limited to, 441
549+nonretail deposits received from a corporation that owns the majority of 442
550+the shares of the innovation bank. An innovation bank may secure 443
551+deposit insurance for such nonretail deposits, including from the 444
552+Federal Deposit Insurance Corporation. 445
553+(u) (1) Each trust bank and innovation bank shall keep assets on 446
554+deposit in the amount of at least one million five hundred thousand 447
555+dollars with such banks as the commissioner may approve. [, provided 448
556+a trust bank or innovation bank that received its final certificate of 449
557+authority prior to May 12, 2004, shall keep assets on deposit as follows: 450
558+At least two hundred fifty thousand dollars no later than one year from 451
559+May 12, 2004, at least five hundred thousand dollars no later than two 452
560+years from said date, at least seven hundred fifty thousand dollars no 453
561+later than three years from said date and at least one million dollars no 454
562+later than four years from said date.] No trust bank or innovation bank 455
563+shall make a deposit pursuant to this section until the bank at which the 456
564+assets are to be deposited and the trust bank or innovation bank shall 457
565+have executed a deposit agreement satisfactory to the commissioner. 458
566+The value of such assets shall be based upon the principal amount or 459
567+market value, whichever is lower. If the commissioner determines that 460
568+an asset that otherwise qualifies under this section shall be valued at less 461
569+than the amount otherwise provided in this subdivision, the 462
570+commissioner shall so notify the trust bank or innovation bank, which 463
571+shall thereafter value such asset as directed by the commissioner. 464
572+Raised Bill No. 1256
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522-(u) (1) Each trust bank and innovation bank shall keep assets on 450
523-deposit in the amount of at least one million five hundred thousand 451
524-dollars with such banks as the commissioner may approve. [, provided 452
525-a trust bank or innovation bank that received its final certificate of 453
526-authority prior to May 12, 2004, shall keep assets on deposit as follows: 454
527-At least two hundred fifty thousand dollars no later than one year from 455
528-May 12, 2004, at least five hundred thousand dollars no later than two 456
529-years from said date, at least seven hundred fifty thousand dollars no 457
530-later than three years from said date and at least one million dollars no 458
531-later than four years from said date.] No trust bank or innovation bank 459
532-shall make a deposit pursuant to this section until the bank at which the 460
533-assets are to be deposited and the trust bank or innovation bank shall 461
534-have executed a deposit agreement satisfactory to the commissioner. 462
535-The value of such assets shall be based upon the principal amount or 463
536-market value, whichever is lower. If the commissioner determines that 464
537-an asset that otherwise qualifies under this section shall be valued at less 465
538-than the amount otherwise provided in this subdivision, the 466
539-commissioner shall so notify the trust bank or innovation bank, which 467
540-shall thereafter value such asset as directed by the commissioner. 468
541-(2) As used in this subsection, "assets" means: (A) United States dollar 469
542-deposits payable in the United States, other than certificates of deposit; 470
543-(B) bonds, notes, debentures or other obligations of the United States or 471
544-any agency or instrumentality thereof, or guaranteed by the United 472
545-States, or of this state or of a county, city, town, village, school district, 473
546-or instrumentality of this state or guaranteed by this state; (C) bonds, 474
547-notes, debentures or other obligations issued by the Federal Home Loan 475
548-Mortgage Corporation and the Federal National Mortgage Corporation; 476
549-(D) commercial paper payable in dollars in the United States, provided 477
550-such paper is rated in one of the three highest rating categories by a 478
551-rating service recognized by the commissioner. In the event that an issue 479
552-of commercial paper is rated by more than one recognized rating 480
553-service, it shall be rated in one of the three highest rating categories by 481
554-each such rating service; (E) negotiable certificates of deposit that are 482
555-payable in the United States; (F) reserves held at a federal reserve bank; 483 Substitute Bill No. 1256
576+LCO No. 4115 16 of 18
577+
578+(2) As used in this subsection, "assets" means: (A) United States dollar 465
579+deposits payable in the United States, other than certificates of deposit; 466
580+(B) bonds, notes, debentures or other obligations of the United States or 467
581+any agency or instrumentality thereof, or guaranteed by the United 468
582+States, or of this state or of a county, city, town, village, school district, 469
583+or instrumentality of this state or guaranteed by this state; (C) bonds, 470
584+notes, debentures or other obligations issued by the Federal Home Loan 471
585+Mortgage Corporation and the Federal National Mortgage Corporation; 472
586+(D) commercial paper payable in dollars in the United States, provided 473
587+such paper is rated in one of the three highest rating categories by a 474
588+rating service recognized by the commissioner. In the event that an issue 475
589+of commercial paper is rated by more than one recognized rating 476
590+service, it shall be rated in one of the three highest rating categories by 477
591+each such rating service; (E) negotiable certificates of deposit that are 478
592+payable in the United States; (F) reserves held at a federal reserve bank; 479
593+and (G) such other assets as determined by the commissioner upon 480
594+written application. 481
595+Sec. 3. Subsection (b) of section 36a-81 of the general statutes is 482
596+repealed and the following is substituted in lieu thereof (Effective July 1, 483
597+2025): 484
598+(b) The commissioner, before granting an approval under subsection 485
599+(a) of this section, shall consider: (1) The population of the area to be 486
600+served by the proposed relocation of the main office of the Connecticut 487
601+bank; (2) the adequacy of existing banking facilities; and (3) the 488
602+economic need for such proposed relocation. [; and (4) the convenience 489
603+and necessity to the public of the proposed relocation.] 490
604+Sec. 4. Subsection (c) of section 36a-82 of the general statutes is 491
605+repealed and the following is substituted in lieu thereof (Effective July 1, 492
606+2025): 493
607+(c) Upon receiving such application, the commissioner shall cause 494
608+notice of its submission to be published in the department's weekly 495
609+Raised Bill No. 1256
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560-and (G) such other assets as determined by the commissioner upon 484
561-written application. 485
562-Sec. 3. Subsection (b) of section 36a-81 of the general statutes is 486
563-repealed and the following is substituted in lieu thereof (Effective July 1, 487
564-2025): 488
565-(b) (1) The commissioner, before granting an approval under 489
566-subsection (a) of this section, shall consider: [(1)] (A) The population of 490
567-the area to be served by the proposed relocation of the main office of the 491
568-Connecticut bank; [(2)] (B) the adequacy of existing banking facilities; 492
569-[(3)] (C) the economic need for such proposed relocation; and [(4)] (D) 493
570-except as provided in subdivision (2) of this subsection, the convenience 494
571-and necessity to the public of the proposed relocation. 495
572-(2) The provisions of subparagraph (D) of subdivision (1) of this 496
573-subsection shall not apply to an innovation bank organized pursuant to 497
574-subsection (t) of section 36a-70, as amended by this act. 498
575-Sec. 4. Subsection (c) of section 36a-82 of the general statutes is 499
576-repealed and the following is substituted in lieu thereof (Effective July 1, 500
577-2025): 501
578-(c) Upon receiving such application, the commissioner shall cause 502
579-notice of its submission to be published in the department's weekly 503
580-bulletin. The notice shall state that written objections to such application 504
581-may be made, for a period of [thirty] fifteen days from the date of 505
582-publication of the bulletin, on the grounds that the name selected will 506
583-tend to confuse the public. At least ten days prior to the date by which 507
584-objections may be made, the applicant shall send a copy of the 508
585-application and a notice of the date by a means that provides a signature 509
586-as proof of delivery, including, but not limited to, registered or certified 510
587-mail, return receipt requested, to each bank or out-of-state bank having 511
588-its main office or a branch in the town or towns in which the applicant 512
589-has its main office or a branch. 513
590-Sec. 5. Subsection (b) of section 36a-223 of the general statutes is 514 Substitute Bill No. 1256
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593-LCO 17 of 17
594-
595-repealed and the following is substituted in lieu thereof (Effective July 1, 515
596-2025): 516
597-(b) [The] (1) Except as provided in subdivision (2) of this subsection, 517
598-the duty of the receiver shall be to place the Connecticut bank or 518
599-Connecticut credit union in liquidation and proceed to realize upon the 519
600-assets of such bank or credit union, having due regard for the conditions 520
601-of credit in the locality of such bank or credit union. 521
602-(2) For an innovation bank organized pursuant to subsection (t) of 522
603-section 36a-70, as amended by this act, the duty of the receiver shall be 523
604-to place the innovation bank in liquidation and proceed to realize upon 524
605-the assets of such innovation bank, having due regard for the conditions 525
606-of credit of such innovation bank. 526
615+bulletin. The notice shall state that written objections to such application 496
616+may be made, for a period of [thirty] fifteen days from the date of 497
617+publication of the bulletin, on the grounds that the name selected will 498
618+tend to confuse the public. At least ten days prior to the date by which 499
619+objections may be made, the applicant shall send a copy of the 500
620+application and a notice of the date by a means that provides a signature 501
621+as proof of delivery, including, but not limited to, registered or certified 502
622+mail, return receipt requested, to each bank or out-of-state bank having 503
623+its main office or a branch in the town or towns in which the applicant 504
624+has its main office or a branch. 505
625+Sec. 5. Subsection (b) of section 36a-223 of the general statutes is 506
626+repealed and the following is substituted in lieu thereof (Effective July 1, 507
627+2025): 508
628+(b) The duty of the receiver shall be to place the Connecticut bank or 509
629+Connecticut credit union in liquidation and proceed to realize upon the 510
630+assets of such bank or credit union, having due regard for the conditions 511
631+of credit [in the locality] of such bank or credit union. 512
607632 This act shall take effect as follows and shall amend the following
608633 sections:
609634
610635 Section 1 July 1, 2025 36a-65(d)(1)(H)
611636 Sec. 2 July 1, 2025 36a-70(h) to (u)
612637 Sec. 3 July 1, 2025 36a-81(b)
613638 Sec. 4 July 1, 2025 36a-82(c)
614639 Sec. 5 July 1, 2025 36a-223(b)
615640
616-BA Joint Favorable Subst.
641+Statement of Purpose:
642+To: (1) Increase the fee for investigating and processing an application
643+for the organization of a Connecticut bank; (2) eliminate a factor
644+considered in determining whether the public will be served to
645+advantage by the establishment of a proposed Connecticut bank; (3)
646+increase the amount of assets on deposit that trust banks and innovation
647+banks are required to keep; (4) eliminate a factor considered in
648+determining whether to approve the relocation of a Connecticut bank's
649+main office; (5) reduce the period of time during which written
650+Raised Bill No. 1256
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652+
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655+
656+objections may be made to an application made by a bank or association
657+for permission to change its name; and (6) modify the duty of a receiver
658+for a Connecticut bank or Connecticut credit union.
659+
660+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
661+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
662+underlined.]
617663