§ 54C-14. Grounds for approval or denial of application.
§ 54C‑14. Grounds forapproval or denial of application.
(a) After considerationof the findings, recommendations, and any oral testimony of the Commissioner ofBanks, and the consideration of any other information and evidence, eitherwritten or oral, as has come before it at the public hearing, the Commissionshall approve or disapprove the application within 30 days after the publichearing. The Commission shall approve the application if it finds that thecertificate of incorporation is in compliance with G.S. 54C‑10 and thatthere is compliance with all the criteria set out in G.S. 54C‑12, theremainder of this Chapter, rules, and the General Statutes.
(b) If the Commissionapproves the application, the Commissioner of Banks shall notify the Secretary ofState with a certificate of approval, accompanied by the original of thecertificate of incorporation and the two conformed copies.
(c) Upon receipt of thecertificate of approval, the original of the certificate of incorporation, andthe two conformed copies and upon the payment by the newly chartered savingsbank of the appropriate organization tax and fees, the Secretary of State shallfile the certificate of incorporation in accordance with G.S. 55‑1‑20.The Secretary of State shall certify, under official seal, the two conformedcopies of the certificate of incorporation, one of which shall be forwardedimmediately to the original incorporators or their representatives, the otherof which shall be forwarded to the office of the Commissioner of Banks forfiling. Upon the recordation of the certificate of incorporation by theSecretary of State, the savings bank is a body politic and corporate under thename stated in the certificate, and may begin the savings bank business whenduly licensed by the Commissioner of Banks.
(d) The certificate ofincorporation, or a copy, duly certified by the Secretary of State, by theregister of deeds of the county where the savings bank is located, or by theCommissioner of Banks, under their respective seals, is evidence in all courtsand places, and is, in all judicial proceedings, deemed prima facie evidence ofthe complete organization and incorporation of the savings bank purportingthereby to have been established.
(e) After approval ofthe application, the Commissioner of Banks shall supervise and monitor theorganization process. The Commissioner of Banks shall ensure that sufficientpledges for deposit accounts or subscriptions for capital stock as well asinsurance of deposit accounts have been secured by the organizers. (1991, c. 680, s. 1; 2001‑193,s. 16.)