8 | 15 | | |
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9 | 16 | | |
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10 | 17 | | |
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11 | 18 | | |
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12 | 19 | | AN ACT CONCERNING THE ORGANIZATION, ADMINISTRATION AND |
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13 | 20 | | RECEIVERSHIP OF CERTAIN FINANCIAL INSTITUTIONS. |
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14 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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15 | 22 | | Assembly convened: |
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16 | 23 | | |
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17 | 24 | | Section 1. Subparagraph (H) of subdivision (1) of subsection (d) of 1 |
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18 | 25 | | section 36a-65 of the general statutes is repealed and the following is 2 |
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19 | 26 | | substituted in lieu thereof (Effective July 1, 2025): 3 |
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20 | 27 | | (H) Organization of any Connecticut bank under section 36a-70, as 4 |
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21 | 28 | | amended by this act, including the conditional preliminary approval for 5 |
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22 | 29 | | an expedited bank, [fifteen] twenty thousand dollars, except no fee shall 6 |
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23 | 30 | | be required for the organization of an interim Connecticut bank. 7 |
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24 | 31 | | Sec. 2. Subsections (h) to (u), inclusive, of section 36a-70 of the general 8 |
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25 | 32 | | statutes are repealed and the following is substituted in lieu thereof 9 |
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26 | 33 | | (Effective July 1, 2025): 10 |
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27 | 34 | | (h) (1) The application shall be approved if the approving authority 11 |
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28 | 35 | | determines that: (A) The interest of the public will be served to 12 |
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29 | 36 | | advantage by the establishment of the proposed Connecticut bank; (B) 13 |
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30 | 37 | | the proposed bank shows reasonable promise of successful operation; 14 |
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33 | | - | they will be charged. 17 Substitute Bill No. 1256 |
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| 46 | + | they will be charged. 17 |
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| 47 | + | (2) In determining whether the public will be served to advantage 18 |
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| 48 | + | under subdivision (1) of this subsection, the approving authority shall 19 |
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| 49 | + | consider the following factors in light of the proposed business plan of 20 |
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| 50 | + | the proposed Connecticut bank: (A) The [population of the area to be 21 |
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| 51 | + | served by the proposed Connecticut bank; (B) the] competitive effect of 22 |
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| 52 | + | the proposed Connecticut bank on the availability and quality of 23 |
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| 53 | + | services in the market area to be served; [(C)] (B) the likely impact of the 24 |
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| 54 | + | proposed Connecticut bank on other financial institutions in the market 25 |
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| 55 | + | area to be served; and [(D)] (C) the convenience and needs of the market 26 |
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| 56 | + | area to be served. 27 |
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| 57 | + | (3) Except as otherwise provided in subsections (p), (q), (r), (s) and (t) 28 |
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| 58 | + | of this section, the approving authority shall be, in the case of an 29 |
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| 59 | + | application to organize a bank and trust company or a capital stock 30 |
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| 60 | + | savings bank, a majority of the commissioner, State Treasurer, and State 31 |
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| 61 | + | Comptroller, and, in the case of an application to organize a mutual 32 |
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| 62 | + | savings bank or a mutual or capital stock savings and loan association, 33 |
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| 63 | + | the commissioner acting alone. 34 |
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| 64 | + | (i) If the application is approved by the approving authority, a 35 |
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| 65 | + | temporary certificate of authority, valid for eighteen months, shall be 36 |
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| 66 | + | issued to the organizers authorizing them to complete the organization 37 |
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| 67 | + | of the Connecticut bank. The organizers shall thereupon file one copy of 38 |
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| 68 | + | the temporary certificate of authority and one copy of the certificate of 39 |
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| 69 | + | incorporation with the Secretary of the State. The commissioner may, 40 |
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| 70 | + | upon the application of the organizers and after a hearing thereon, 41 |
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| 71 | + | extend, for cause, the period for which the temporary certificate of 42 |
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| 72 | + | authority is valid. 43 |
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| 73 | + | (j) If the application is not approved by the approving authority, the 44 |
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| 74 | + | approving authority shall, in writing, so notify the organizers. An 45 |
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| 75 | + | Raised Bill No. 1256 |
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38 | | - | (2) (A) In determining whether the public will be served to advantage 18 |
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39 | | - | under subdivision (1) of this subsection, the approving authority shall 19 |
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40 | | - | consider the following factors in light of the proposed business plan of 20 |
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41 | | - | the proposed Connecticut bank: [(A) The] (i) Except as provided in 21 |
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42 | | - | subparagraph (B) of this subdivision, the population of the area to be 22 |
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43 | | - | served by the proposed Connecticut bank; [(B)] (ii) the competitive 23 |
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44 | | - | effect of the proposed Connecticut bank on the availability and quality 24 |
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45 | | - | of services in the market area to be served; [(C)] (iii) the likely impact of 25 |
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46 | | - | the proposed Connecticut bank on other financial institutions in the 26 |
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47 | | - | market area to be served; and [(D)] (iv) the convenience and needs of 27 |
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48 | | - | the market area to be served. 28 |
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49 | | - | (B) The provisions of subparagraph (A)(i) of this subdivision shall not 29 |
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50 | | - | apply to an innovation bank organized pursuant to subsection (t) of this 30 |
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51 | | - | section. 31 |
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52 | | - | (3) Except as otherwise provided in subsections (p), (q), (r), (s) and (t) 32 |
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53 | | - | of this section, the approving authority shall be, in the case of an 33 |
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54 | | - | application to organize a bank and trust company or a capital stock 34 |
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55 | | - | savings bank, a majority of the commissioner, State Treasurer, and State 35 |
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56 | | - | Comptroller, and, in the case of an application to organize a mutual 36 |
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57 | | - | savings bank or a mutual or capital stock savings and loan association, 37 |
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58 | | - | the commissioner acting alone. 38 |
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59 | | - | (i) If the application is approved by the approving authority, a 39 |
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60 | | - | temporary certificate of authority, valid for eighteen months, shall be 40 |
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61 | | - | issued to the organizers authorizing them to complete the organization 41 |
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62 | | - | of the Connecticut bank. The organizers shall thereupon file one copy of 42 |
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63 | | - | the temporary certificate of authority and one copy of the certificate of 43 |
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64 | | - | incorporation with the Secretary of the State. The commissioner may, 44 |
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65 | | - | upon the application of the organizers and after a hearing thereon, 45 |
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66 | | - | extend, for cause, the period for which the temporary certificate of 46 |
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67 | | - | authority is valid. 47 |
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68 | | - | (j) If the application is not approved by the approving authority, the 48 |
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69 | | - | approving authority shall, in writing, so notify the organizers. An 49 Substitute Bill No. 1256 |
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| 79 | + | LCO No. 4115 3 of 18 |
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| 80 | + | |
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| 81 | + | appeal from the decision approving or disapproving the application 46 |
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| 82 | + | may be taken in accordance with chapter 54. 47 |
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| 83 | + | (k) (1) Prior to the issuance of a final certificate of authority, the 48 |
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| 84 | + | organizers may (A) with the approval of the commissioner, amend the 49 |
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| 85 | + | proposed certificate of incorporation to change (i) the name or the type 50 |
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| 86 | + | of the Connecticut bank, (ii) the town in which the main office of the 51 |
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| 87 | + | Connecticut bank is to be located, (iii) in the case of a capital stock 52 |
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| 88 | + | Connecticut bank, the amount, authorized number and par value, if any, 53 |
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| 89 | + | of shares of its capital stock, or (iv) the name of an organizer or 54 |
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| 90 | + | prospective initial director of the Connecticut bank; (B) with the 55 |
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| 91 | + | approval of the approving authority, amend a material provision of the 56 |
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| 92 | + | proposed business plan, or amend the proposed certificate of 57 |
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| 93 | + | incorporation to change the minimum amount of equity capital with 58 |
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| 94 | + | which the Connecticut bank shall commence business, which amount 59 |
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| 95 | + | may be less than its authorized capital but not less than that required by 60 |
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| 96 | + | subsection (b) of this section; or (C) file notice with the commissioner to 61 |
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| 97 | + | amend the proposed certificate of incorporation to change the 62 |
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| 98 | + | occupation or residence, post office or business address of any organizer 63 |
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| 99 | + | or prospective initial director of the Connecticut bank. 64 |
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| 100 | + | (2) Upon receipt of an application to change the name of a 65 |
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| 101 | + | Connecticut bank under subparagraph (A)(i) of subdivision (1) of this 66 |
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| 102 | + | subsection, the commissioner shall cause notice of the filing of such 67 |
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| 103 | + | application to be published in the department's weekly bulletin. The 68 |
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| 104 | + | notice shall state that written objections to such application may be 69 |
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| 105 | + | made, for a period of thirty days from the date of publication of the 70 |
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| 106 | + | bulletin, on the grounds that the name selected will tend to confuse the 71 |
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| 107 | + | public. If, in the opinion of the commissioner, the name selected by the 72 |
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| 108 | + | organizers will not tend to confuse the public and if no objection is filed, 73 |
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| 109 | + | the commissioner shall approve such change of name. If, in the opinion 74 |
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| 110 | + | of the commissioner, the name selected will tend to confuse the public 75 |
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| 111 | + | or if an objection is filed, the commissioner shall order a hearing to be 76 |
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| 112 | + | held not less than twenty or more than thirty days from the date 77 |
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| 113 | + | originally set for the filing of objections to the application for change of 78 |
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| 114 | + | Raised Bill No. 1256 |
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74 | | - | appeal from the decision approving or disapproving the application 50 |
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75 | | - | may be taken in accordance with chapter 54. 51 |
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76 | | - | (k) (1) Prior to the issuance of a final certificate of authority, the 52 |
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77 | | - | organizers may (A) with the approval of the commissioner, amend the 53 |
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78 | | - | proposed certificate of incorporation to change (i) the name or the type 54 |
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79 | | - | of the Connecticut bank, (ii) the town in which the main office of the 55 |
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80 | | - | Connecticut bank is to be located, (iii) in the case of a capital stock 56 |
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81 | | - | Connecticut bank, the amount, authorized number and par value, if any, 57 |
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82 | | - | of shares of its capital stock, or (iv) the name of an organizer or 58 |
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83 | | - | prospective initial director of the Connecticut bank; (B) with the 59 |
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84 | | - | approval of the approving authority, amend a material provision of the 60 |
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85 | | - | proposed business plan, or amend the proposed certificate of 61 |
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86 | | - | incorporation to change the minimum amount of equity capital with 62 |
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87 | | - | which the Connecticut bank shall commence business, which amount 63 |
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88 | | - | may be less than its authorized capital but not less than that required by 64 |
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89 | | - | subsection (b) of this section; or (C) file notice with the commissioner to 65 |
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90 | | - | amend the proposed certificate of incorporation to change the 66 |
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91 | | - | occupation or residence, post office or business address of any organizer 67 |
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92 | | - | or prospective initial director of the Connecticut bank. 68 |
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93 | | - | (2) Upon receipt of an application to change the name of a 69 |
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94 | | - | Connecticut bank under subparagraph (A)(i) of subdivision (1) of this 70 |
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95 | | - | subsection, the commissioner shall cause notice of the filing of such 71 |
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96 | | - | application to be published in the department's weekly bulletin. The 72 |
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97 | | - | notice shall state that written objections to such application may be 73 |
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98 | | - | made, for a period of thirty days from the date of publication of the 74 |
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99 | | - | bulletin, on the grounds that the name selected will tend to confuse the 75 |
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100 | | - | public. If, in the opinion of the commissioner, the name selected by the 76 |
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101 | | - | organizers will not tend to confuse the public and if no objection is filed, 77 |
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102 | | - | the commissioner shall approve such change of name. If, in the opinion 78 |
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103 | | - | of the commissioner, the name selected will tend to confuse the public 79 |
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104 | | - | or if an objection is filed, the commissioner shall order a hearing to be 80 |
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105 | | - | held not less than twenty or more than thirty days from the date 81 |
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106 | | - | originally set for the filing of objections to the application for change of 82 |
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107 | | - | name, and notice of such hearing shall be published in the department's 83 Substitute Bill No. 1256 |
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| 118 | + | LCO No. 4115 4 of 18 |
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| 119 | + | |
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| 120 | + | name, and notice of such hearing shall be published in the department's 79 |
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| 121 | + | weekly bulletin at least fourteen days prior to the hearing. At the 80 |
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| 122 | + | hearing, the commissioner shall hear all persons desiring to be heard 81 |
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| 123 | + | and shall make a ruling within fifteen days. 82 |
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| 124 | + | (3) The organizers shall file with the Secretary of the State any 83 |
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| 125 | + | approval issued pursuant to this subsection, and the approved 84 |
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| 126 | + | amendment shall become effective upon such filing. In the case of an 85 |
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| 127 | + | amendment notice pursuant to subparagraph (C) of subdivision (1) of 86 |
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| 128 | + | this subsection, the organizers shall file such amendment with the 87 |
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| 129 | + | Secretary of the State, and such amendment shall become effective upon 88 |
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| 130 | + | such filing. 89 |
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| 131 | + | (l) The approving authority shall cause to be made an examination of 90 |
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| 132 | + | the proposed Connecticut bank upon notice from the organizers that the 91 |
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| 133 | + | following conditions have occurred: (1) The proposed bank has been 92 |
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| 134 | + | fully organized according to law; (2) the State Treasurer has been paid 93 |
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| 135 | + | the franchise tax and filing fee specified in subsection (o) of this section; 94 |
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| 136 | + | (3) the proposed bank has raised the minimum equity capital required; 95 |
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| 137 | + | and (4) in the case of a proposed capital stock Connecticut bank, a 96 |
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| 138 | + | certified list of each subscriber who will own at least five per cent of any 97 |
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| 139 | + | class of voting securities of the proposed bank, showing the number of 98 |
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| 140 | + | shares owned by each, has been filed with the commissioner. If all 99 |
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| 141 | + | provisions of law have been complied with, a final certificate of 100 |
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| 142 | + | authority to commence the business for which the bank was organized 101 |
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| 143 | + | shall be issued by the approving authority. One copy of the final 102 |
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| 144 | + | certificate shall be filed with the Secretary of the State, one copy shall be 103 |
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| 145 | + | retained by the bank, and one copy shall be retained by the 104 |
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| 146 | + | commissioner. 105 |
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| 147 | + | (m) The reasonable charges and expenses of organization or 106 |
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| 148 | + | reorganization of a capital stock Connecticut bank, and the reasonable 107 |
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| 149 | + | expenses of any compensation or discount for the sale, underwriting or 108 |
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| 150 | + | purchase of its shares, may be paid or allowed by such bank out of the 109 |
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| 151 | + | par value received by it for its shares, or in the case of shares without 110 |
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| 152 | + | Raised Bill No. 1256 |
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112 | | - | weekly bulletin at least fourteen days prior to the hearing. At the 84 |
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113 | | - | hearing, the commissioner shall hear all persons desiring to be heard 85 |
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114 | | - | and shall make a ruling within fifteen days. 86 |
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115 | | - | (3) The organizers shall file with the Secretary of the State any 87 |
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116 | | - | approval issued pursuant to this subsection, and the approved 88 |
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117 | | - | amendment shall become effective upon such filing. In the case of an 89 |
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118 | | - | amendment notice pursuant to subparagraph (C) of subdivision (1) of 90 |
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119 | | - | this subsection, the organizers shall file such amendment with the 91 |
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120 | | - | Secretary of the State, and such amendment shall become effective upon 92 |
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121 | | - | such filing. 93 |
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122 | | - | (l) The approving authority shall cause to be made an examination of 94 |
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123 | | - | the proposed Connecticut bank upon notice from the organizers that the 95 |
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124 | | - | following conditions have occurred: (1) The proposed bank has been 96 |
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125 | | - | fully organized according to law; (2) the State Treasurer has been paid 97 |
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126 | | - | the franchise tax and filing fee specified in subsection (o) of this section; 98 |
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127 | | - | (3) the proposed bank has raised the minimum equity capital required; 99 |
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128 | | - | and (4) in the case of a proposed capital stock Connecticut bank, a 100 |
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129 | | - | certified list of each subscriber who will own at least five per cent of any 101 |
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130 | | - | class of voting securities of the proposed bank, showing the number of 102 |
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131 | | - | shares owned by each, has been filed with the commissioner. If all 103 |
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132 | | - | provisions of law have been complied with, a final certificate of 104 |
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133 | | - | authority to commence the business for which the bank was organized 105 |
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134 | | - | shall be issued by the approving authority. One copy of the final 106 |
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135 | | - | certificate shall be filed with the Secretary of the State, one copy shall be 107 |
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136 | | - | retained by the bank, and one copy shall be retained by the 108 |
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137 | | - | commissioner. 109 |
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138 | | - | (m) The reasonable charges and expenses of organization or 110 |
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139 | | - | reorganization of a capital stock Connecticut bank, and the reasonable 111 |
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140 | | - | expenses of any compensation or discount for the sale, underwriting or 112 |
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141 | | - | purchase of its shares, may be paid or allowed by such bank out of the 113 |
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142 | | - | par value received by it for its shares, or in the case of shares without 114 |
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143 | | - | par value, out of the stated capital received by it for its shares, without 115 |
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144 | | - | rendering such shares not fully paid and nonassessable. 116 Substitute Bill No. 1256 |
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| 156 | + | LCO No. 4115 5 of 18 |
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| 157 | + | |
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| 158 | + | par value, out of the stated capital received by it for its shares, without 111 |
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| 159 | + | rendering such shares not fully paid and nonassessable. 112 |
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| 160 | + | (n) The Connecticut bank shall not commence business until: (1) A 113 |
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| 161 | + | final certificate of authority has been issued in accordance with 114 |
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| 162 | + | subsection (l) of this section, (2) except in the case of a trust bank, an 115 |
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| 163 | + | interim Connecticut bank organized pursuant to subsection (p) of this 116 |
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| 164 | + | section, or an innovation bank organized pursuant to subsection (t) of 117 |
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| 165 | + | this section, until its insurable accounts or deposits are insured by the 118 |
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| 166 | + | Federal Deposit Insurance Corporation or its successor agency, and (3) 119 |
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| 167 | + | it has complied with the requirements of subsection (u) of this section, 120 |
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| 168 | + | if applicable. The acceptance of subscriptions for deposits by a mutual 121 |
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| 169 | + | savings bank or mutual savings and loan association as may be 122 |
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| 170 | + | necessary to obtain insurance by the Federal Deposit Insurance 123 |
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| 171 | + | Corporation or its successor agency shall not be considered to be 124 |
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| 172 | + | commencing business. No Connecticut bank other than a trust bank 125 |
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| 173 | + | may exercise any of the fiduciary powers granted to Connecticut banks 126 |
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| 174 | + | by law until express authority therefor has been given by the 127 |
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| 175 | + | commissioner. 128 |
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| 176 | + | (o) Prior to the issuance of a final certificate of authority to commence 129 |
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| 177 | + | business in accordance with subsection (l) of this section, the 130 |
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| 178 | + | Connecticut bank shall pay to the State Treasurer a franchise tax, 131 |
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| 179 | + | together with a filing fee of twenty dollars for the required papers. The 132 |
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| 180 | + | franchise tax for a mutual savings bank and mutual savings and loan 133 |
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| 181 | + | association shall be thirty dollars. The franchise tax for all capital stock 134 |
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| 182 | + | Connecticut banks shall be one cent per share up to and including the 135 |
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| 183 | + | first ten thousand authorized shares, one-half cent per share for each 136 |
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| 184 | + | authorized share in excess of ten thousand shares up to and including 137 |
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| 185 | + | one hundred thousand shares, one-quarter cent per share for each 138 |
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| 186 | + | authorized share in excess of one hundred thousand shares up to and 139 |
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| 187 | + | including one million shares and one-fifth cent per share for each 140 |
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| 188 | + | authorized share in excess of one million shares. 141 |
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| 189 | + | (p) (1) One or more persons may organize an interim Connecticut 142 |
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| 190 | + | Raised Bill No. 1256 |
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149 | | - | (n) The Connecticut bank shall not commence business until: (1) A 117 |
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150 | | - | final certificate of authority has been issued in accordance with 118 |
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151 | | - | subsection (l) of this section, (2) except in the case of a trust bank, an 119 |
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152 | | - | interim Connecticut bank organized pursuant to subsection (p) of this 120 |
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153 | | - | section, or an innovation bank organized pursuant to subsection (t) of 121 |
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154 | | - | this section, until its insurable accounts or deposits are insured by the 122 |
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155 | | - | Federal Deposit Insurance Corporation or its successor agency, and (3) 123 |
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156 | | - | it has complied with the requirements of subsection (u) of this section, 124 |
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157 | | - | if applicable. The acceptance of subscriptions for deposits by a mutual 125 |
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158 | | - | savings bank or mutual savings and loan association as may be 126 |
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159 | | - | necessary to obtain insurance by the Federal Deposit Insurance 127 |
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160 | | - | Corporation or its successor agency shall not be considered to be 128 |
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161 | | - | commencing business. No Connecticut bank other than a trust bank 129 |
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162 | | - | may exercise any of the fiduciary powers granted to Connecticut banks 130 |
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163 | | - | by law until express authority therefor has been given by the 131 |
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164 | | - | commissioner. 132 |
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165 | | - | (o) Prior to the issuance of a final certificate of authority to commence 133 |
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166 | | - | business in accordance with subsection (l) of this section, the 134 |
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167 | | - | Connecticut bank shall pay to the State Treasurer a franchise tax, 135 |
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168 | | - | together with a filing fee of twenty dollars for the required papers. The 136 |
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169 | | - | franchise tax for a mutual savings bank and mutual savings and loan 137 |
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170 | | - | association shall be thirty dollars. The franchise tax for all capital stock 138 |
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171 | | - | Connecticut banks shall be one cent per share up to and including the 139 |
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172 | | - | first ten thousand authorized shares, one-half cent per share for each 140 |
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173 | | - | authorized share in excess of ten thousand shares up to and including 141 |
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174 | | - | one hundred thousand shares, one-quarter cent per share for each 142 |
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175 | | - | authorized share in excess of one hundred thousand shares up to and 143 |
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176 | | - | including one million shares and one-fifth cent per share for each 144 |
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177 | | - | authorized share in excess of one million shares. 145 |
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178 | | - | (p) (1) One or more persons may organize an interim Connecticut 146 |
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179 | | - | bank solely (A) for the acquisition of an existing bank, whether by 147 |
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180 | | - | acquisition of stock, by acquisition of assets, or by merger or 148 |
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181 | | - | consolidation, or (B) to facilitate any other corporate transaction 149 |
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182 | | - | authorized by this title in which the commissioner has determined that 150 Substitute Bill No. 1256 |
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| 194 | + | LCO No. 4115 6 of 18 |
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| 195 | + | |
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| 196 | + | bank solely (A) for the acquisition of an existing bank, whether by 143 |
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| 197 | + | acquisition of stock, by acquisition of assets, or by merger or 144 |
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| 198 | + | consolidation, or (B) to facilitate any other corporate transaction 145 |
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| 199 | + | authorized by this title in which the commissioner has determined that 146 |
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| 200 | + | such transaction has adequate regulatory supervision to justify the 147 |
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| 201 | + | organization of an interim Connecticut bank. Such interim Connecticut 148 |
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| 202 | + | bank shall not accept deposits or otherwise commence business. 149 |
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| 203 | + | Subdivision (2) of subsection (c) and subsections (d), (f), (g), (h) and (o) 150 |
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| 204 | + | of this section shall not apply to the organization of an interim bank, 151 |
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| 205 | + | provided the commissioner may, in the commissioner's discretion, 152 |
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| 206 | + | order a hearing under subsection (e) or require that the organizers 153 |
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| 207 | + | publish or mail the proposed certificate of incorporation or both. The 154 |
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| 208 | + | approving authority for an interim Connecticut bank shall be the 155 |
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| 209 | + | commissioner acting alone. If the approving authority determines that 156 |
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| 210 | + | the organization of the interim Connecticut bank complies with 157 |
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| 211 | + | applicable law, the approving authority shall issue a temporary 158 |
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| 212 | + | certificate of authority conditioned on the approval by the appropriate 159 |
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| 213 | + | supervisory agency of the corporate transaction for which the interim 160 |
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| 214 | + | Connecticut bank is formed. 161 |
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| 215 | + | (2) (A) Notwithstanding any provision of this title, for the period 162 |
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| 216 | + | from June 13, 2011, to September 30, 2013, inclusive, one or more 163 |
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| 217 | + | persons may apply to the commissioner for the conditional preliminary 164 |
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| 218 | + | approval of one or more expedited Connecticut banks organized 165 |
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| 219 | + | primarily for the purpose of assuming liabilities and purchasing assets 166 |
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| 220 | + | from the Federal Deposit Insurance Corporation when the Federal 167 |
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| 221 | + | Deposit Insurance Corporation is acting as receiver or conservator of an 168 |
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| 222 | + | insured depository institution. The application shall be made on a form 169 |
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| 223 | + | acceptable to the commissioner and shall be executed and 170 |
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| 224 | + | acknowledged by the applicant or applicants. Such application shall 171 |
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| 225 | + | contain sufficient information for the commissioner to evaluate (i) the 172 |
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| 226 | + | amount, type and sources of capital that would be available to the bank 173 |
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| 227 | + | or banks; (ii) the ownership structure and holding companies, if any, 174 |
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| 228 | + | over the bank or banks; (iii) the identity, biographical information and 175 |
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| 229 | + | Raised Bill No. 1256 |
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187 | | - | such transaction has adequate regulatory supervision to justify the 151 |
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188 | | - | organization of an interim Connecticut bank. Such interim Connecticut 152 |
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189 | | - | bank shall not accept deposits or otherwise commence business. 153 |
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190 | | - | Subdivision (2) of subsection (c) and subsections (d), (f), (g), (h) and (o) 154 |
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191 | | - | of this section shall not apply to the organization of an interim bank, 155 |
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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 |
---|
| 233 | + | LCO No. 4115 7 of 18 |
---|
| 234 | + | |
---|
| 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 |
---|
| 268 | + | Raised Bill No. 1256 |
---|
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 |
---|
| 272 | + | LCO No. 4115 8 of 18 |
---|
| 273 | + | |
---|
| 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 |
---|
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 |
---|
| 311 | + | LCO No. 4115 9 of 18 |
---|
| 312 | + | |
---|
| 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 |
---|
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 |
---|
| 348 | + | LCO No. 4115 10 of 18 |
---|
| 349 | + | |
---|
| 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 |
---|
| 383 | + | Raised Bill No. 1256 |
---|
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 |
---|
| 387 | + | LCO No. 4115 11 of 18 |
---|
| 388 | + | |
---|
| 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 |
---|
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 |
---|
| 426 | + | LCO No. 4115 12 of 18 |
---|
| 427 | + | |
---|
| 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 |
---|
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 |
---|
| 463 | + | LCO No. 4115 13 of 18 |
---|
| 464 | + | |
---|
| 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 |
---|
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 |
---|
| 502 | + | LCO No. 4115 14 of 18 |
---|
| 503 | + | |
---|
| 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 |
---|
| 535 | + | Raised Bill No. 1256 |
---|
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 |
---|
| 540 | + | |
---|
| 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 |
---|
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 |
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| 606 | + | 2025): 493 |
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| 607 | + | (c) Upon receiving such application, the commissioner shall cause 494 |
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| 608 | + | notice of its submission to be published in the department's weekly 495 |
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| 609 | + | Raised Bill No. 1256 |
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560 | | - | and (G) such other assets as determined by the commissioner upon 484 |
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561 | | - | written application. 485 |
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562 | | - | Sec. 3. Subsection (b) of section 36a-81 of the general statutes is 486 |
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563 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 487 |
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564 | | - | 2025): 488 |
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565 | | - | (b) (1) The commissioner, before granting an approval under 489 |
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566 | | - | subsection (a) of this section, shall consider: [(1)] (A) The population of 490 |
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567 | | - | the area to be served by the proposed relocation of the main office of the 491 |
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568 | | - | Connecticut bank; [(2)] (B) the adequacy of existing banking facilities; 492 |
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569 | | - | [(3)] (C) the economic need for such proposed relocation; and [(4)] (D) 493 |
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570 | | - | except as provided in subdivision (2) of this subsection, the convenience 494 |
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571 | | - | and necessity to the public of the proposed relocation. 495 |
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572 | | - | (2) The provisions of subparagraph (D) of subdivision (1) of this 496 |
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573 | | - | subsection shall not apply to an innovation bank organized pursuant to 497 |
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574 | | - | subsection (t) of section 36a-70, as amended by this act. 498 |
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575 | | - | Sec. 4. Subsection (c) of section 36a-82 of the general statutes is 499 |
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576 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 500 |
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577 | | - | 2025): 501 |
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578 | | - | (c) Upon receiving such application, the commissioner shall cause 502 |
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579 | | - | notice of its submission to be published in the department's weekly 503 |
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580 | | - | bulletin. The notice shall state that written objections to such application 504 |
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581 | | - | may be made, for a period of [thirty] fifteen days from the date of 505 |
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582 | | - | publication of the bulletin, on the grounds that the name selected will 506 |
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583 | | - | tend to confuse the public. At least ten days prior to the date by which 507 |
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584 | | - | objections may be made, the applicant shall send a copy of the 508 |
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585 | | - | application and a notice of the date by a means that provides a signature 509 |
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586 | | - | as proof of delivery, including, but not limited to, registered or certified 510 |
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587 | | - | mail, return receipt requested, to each bank or out-of-state bank having 511 |
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588 | | - | its main office or a branch in the town or towns in which the applicant 512 |
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589 | | - | has its main office or a branch. 513 |
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590 | | - | Sec. 5. Subsection (b) of section 36a-223 of the general statutes is 514 Substitute Bill No. 1256 |
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| 613 | + | LCO No. 4115 17 of 18 |
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592 | | - | |
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593 | | - | LCO 17 of 17 |
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594 | | - | |
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595 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 515 |
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596 | | - | 2025): 516 |
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597 | | - | (b) [The] (1) Except as provided in subdivision (2) of this subsection, 517 |
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598 | | - | the duty of the receiver shall be to place the Connecticut bank or 518 |
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599 | | - | Connecticut credit union in liquidation and proceed to realize upon the 519 |
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600 | | - | assets of such bank or credit union, having due regard for the conditions 520 |
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601 | | - | of credit in the locality of such bank or credit union. 521 |
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602 | | - | (2) For an innovation bank organized pursuant to subsection (t) of 522 |
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603 | | - | section 36a-70, as amended by this act, the duty of the receiver shall be 523 |
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604 | | - | to place the innovation bank in liquidation and proceed to realize upon 524 |
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605 | | - | the assets of such innovation bank, having due regard for the conditions 525 |
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606 | | - | of credit of such innovation bank. 526 |
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| 615 | + | bulletin. The notice shall state that written objections to such application 496 |
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| 616 | + | may be made, for a period of [thirty] fifteen days from the date of 497 |
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| 617 | + | publication of the bulletin, on the grounds that the name selected will 498 |
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| 618 | + | tend to confuse the public. At least ten days prior to the date by which 499 |
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| 619 | + | objections may be made, the applicant shall send a copy of the 500 |
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| 620 | + | application and a notice of the date by a means that provides a signature 501 |
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| 621 | + | as proof of delivery, including, but not limited to, registered or certified 502 |
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| 622 | + | mail, return receipt requested, to each bank or out-of-state bank having 503 |
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| 623 | + | its main office or a branch in the town or towns in which the applicant 504 |
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| 624 | + | has its main office or a branch. 505 |
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| 625 | + | Sec. 5. Subsection (b) of section 36a-223 of the general statutes is 506 |
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| 626 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 507 |
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| 627 | + | 2025): 508 |
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| 628 | + | (b) The duty of the receiver shall be to place the Connecticut bank or 509 |
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| 629 | + | Connecticut credit union in liquidation and proceed to realize upon the 510 |
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| 630 | + | assets of such bank or credit union, having due regard for the conditions 511 |
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| 631 | + | of credit [in the locality] of such bank or credit union. 512 |
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