§ 15-4-1011 - Investigation and approval by the State Banking Board.
15-4-1011. Investigation and approval by the State Banking Board.
(a) As soon as practicable after the receipt of the application for approval and the articles, the Bank Commissioner shall:
(1) Ascertain the qualifications, character, and general fitness of the applicant and its standing in the community; and
(2) Determine whether public convenience and necessity require a capital development company.
(b) (1) Thereafter, the commissioner shall submit the application and the proposed articles of the company to the State Banking Board.
(2) As soon as practicable thereafter, the board shall direct the commissioner to issue to the company a certificate of organization in whatever form the commissioner may prescribe if the board determines that:
(A) Public convenience and necessity continue to require the capital development company;
(B) Each congressional district in the state is represented by at least one (1) member of the governing board;
(C) Not less than one hundred thousand dollars ($100,000) of equity interests have been subscribed and fully paid for; and
(D) The governing documents submitted, if any, are in conformity with the articles and the provisions of this subchapter, are not contrary to the laws of the state, and are otherwise satisfactory.
(c) If a certificate of organization is issued under subdivision (b)(2) of this section, the commissioner shall return one (1) copy of the articles to the applicant and shall endorse on the face of the articles that the certificate of organization has been issued.