SEC. 81-12-27. Incorporation; examination and investigation of petition.
Upon receipt of a petition for a certificate of incorporation, including supporting data, the commissioner shall promptly give consideration to the petition and make an examination of the proposed articles of incorporation to determine if they meet all requirements of law. The commissioner shall then make an investigation to determine that the prerequisites of this chapter have been complied with and that:
(a) The character, responsibility and general fitness of the persons named in the petition are such as to command confidence and warrant belief that the business of the proposed association will be honestly and efficiently conducted in accordance with the intent and purpose of this chapter, and that the proposed association will have qualified full-time management;
(b) There is public need for the proposed association and the interest of the public will be best served by granting the petition;
(c) The anticipated volume and type of business of the proposed association is such as to indicate profitable operation within a reasonable time; and
(d) The operation of the proposed association will not unduly harm any properly conducted financial institution serving the needs and existing in the community in which the principal office or any branch of the proposed association is to be located.
SOURCE: Laws, 1977, ch. 445, § 6(2); reenacted, 1982, ch. 301, § 14; Laws, 1990 Ex Sess, ch. 52, § 15; Laws, 1993, ch. 441, § 15; Laws, 1994, ch. 622, § 47; reenacted without change, Laws, 1997, ch. 496, § 12; reenacted without change, Laws, 2001, ch. 488, § 13, SB 2601, eff from and after July 1, 2001.
PREVIOUS VERSIONS: Pre-2001