reglab/housing_qa huggingface dataset:
CO Code § 11-101-301 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 101 - General Provisions|Part 3 - Application|§ 11-101-301. Application of Code

  This code governs the incorporation, organization, corporate functions, merger, consolidation, purchase and assumption, sale of assets, liquidation, dissolution, and reorganization procedures of corporations operating as banks (whether or not, as a part of and in conjunction with such operations, they engage in the trust or safe deposit business) in the state of Colorado; but articles 10.5 and 101 to 107 of this title only apply to trust companies organized and operating under article 109 of this title when specifically provided in articles 10.5 and 101 to 109 of this title, and article 109 of this title otherwise governs exclusively trust companies.        The regulation of banking is a matter of statewide concern, and in order to maintain a uniform statewide system of banking and bank regulatory policy in Colorado, the regulation by a political subdivision of deposits, lending, or other services or products provided by banks in accordance with applicable state or federal law shall be prohibited except to the extent expressly permitted under article 10.5 of this title. (a) (I)The regulation of banking is a matter of statewide concern, and in order to maintain a uniform statewide system of banking and bank regulatory policy in Colorado, the regulation by a political subdivision of deposits, lending, or other services or products provided by banks in accordance with applicable state or federal law shall be prohibited except to the extent expressly permitted under article 10.5 of this title.    Nothing in this subsection (2) shall preclude a political subdivision from enacting and enforcing laws or rules of general applicability concerning public health, safety, or welfare.       For the purposes of this section, “political subdivision” means and includes every county, city and county, city, town, school district, special district, and housing authority within the state.        History. Source: L. 2003: Entire article added with relocations, p. 1052, § 3, effective July 1. L. 2013: (1) amended,(SB 13-154), ch. 282, p. 1472, § 32, effective July 1.    Editor's note:   This section is similar to former § 11-1-105 as it existed prior to 2003.
CO Code § 11-101-302 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 101 - General Provisions|Part 3 - Application|§ 11-101-302. No Private Right of Action

 Except as expressly provided in this code, no person, other than the banking board, shall have the right to bring or maintain any private action, at law or in equity, for a violation of or enforcement of this code.   History. Source: L. 2003: Entire article added with relocations, p. 1053, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-1-106 as it existed prior to 2003.
CO Code § 11-102-101 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 1 - Commissioner and Banking Board|§ 11-102-101. Division of Banking - Creation - Subject to Termination - Repeal of Article

  There is hereby created a division of banking within the department of regulatory agencies. The division shall be charged with functions provided by law. Whenever any law of this state refers to the banking department, said law shall be construed as referring to the division of banking.    The administrative head of the division shall be the commissioner of banking, who shall be the state bank commissioner appointed and serving as provided by law, and the deputies and employees of the commissioner shall also be deputies and employees of the division of banking hereby created. The bank commissioner, at the time of his or her appointment, shall be experienced in the theory and practice of the business and regulation of financial services institutions under the jurisdiction of the banking board.      The provisions of section 24-34-104, C.R.S., concerning the termination schedule for regulatory bodies of the state unless extended as provided in that section, are applicable to the division of banking created by this section.    This article is repealed, effective September 1, 2024.         History. Source: L. 2003: Entire article added with relocations, p. 1059, § 3, effective July 1. L. 2004: (3)(b) amended, p. 322, § 1, effective April 7. L. 2013: (3)(b) amended,(SB 13-154), ch. 282, p. 1463, § 1, effective July 1.    Editor's note:   This section is similar to former § 11-2-101 as it existed prior to 2003.
CO Code § 11-102-105 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 1 - Commissioner and Banking Board|§ 11-102-105. Roles and Authority of Banking Board and Commissioner - Rules - Exercise of Powers

  All rules of the commissioner lawfully adopted prior to April 15, 1988, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.    The banking board and the commissioner in the exercise of their powers pursuant to this code shall be guided by and shall act in a manner consistent with the policies of the state of Colorado with respect to state banks as set forth in section 11-101-102.     History. Source: L. 2003: Entire article added with relocations, p. 1066, § 3, effective July 1.    Editor's note:   This section is similar to former §§ 11-2-103.5 and 11-2-107 as they existed prior to 2003.
CO Code § 11-102-106 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 1 - Commissioner and Banking Board|§ 11-102-106. Nontraditional Mortgages - Consumer Protections - Rules - Incorporation of Federal Interagency Guidance

 The banking board shall adopt rules governing the marketing of nontraditional mortgages by banking institutions. In adopting such rules, the board shall incorporate appropriate provisions of section 1098 of the federal “Dodd-Frank Wall Street Reform and Consumer Protection Act”, amending 12 U.S.C. sec. 2601 et seq., and applicable regulations.   History. Source: L. 2007: Entire section added, p. 1745, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-154), ch. 282, p. 1475, § 35, effective July 1.
CO Code § 11-102-201 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 2 - Proceedings|§ 11-102-201. Hearing Officers - Powers - Procedure - Order Final

  The banking board has the power to designate a person to act as a hearing officer to conduct any public hearing authorized or required by this code except in the case of charter applications that have been timely protested pursuant to the rules of the banking board. The banking board may determine the qualifications required for a person to be designated pursuant to this subsection (1) based upon the education and experience required for the particular hearing. Such person may, but need not be, an administrative law judge serving pursuant to section 24-30-1003, C.R.S.    Any such hearing officer shall have the powers of a hearing officer prescribed in section 24-4-105, C.R.S.    After the conclusion of a hearing, the hearing officer shall prepare written findings and recommendations based on the hearing and shall certify such findings and recommendations to the banking board and to each party. If the banking board does not affirm, modify, reverse, remand for further findings, or vacate such written recommendations within sixty days after receipt of the recommendations, the same shall be deemed the determination and order of the banking board. The banking board may extend such sixty-day period by no more than thirty additional days.     History. Source: L. 2003: Entire article added with relocations, p. 1067, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-103.6 as it existed prior to 2003.
CO Code § 11-102-202 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 2 - Proceedings|§ 11-102-202. Subpoenas - Witnesses - Production of Records

  The commissioner, or the banking board, has the power to subpoena witnesses, compel their attendance, require the production of evidence, administer an oath, and examine any person under oath in connection with any subject relating to a duty imposed upon, or a power vested in, the commissioner or the banking board.    In case of a refusal of any person to comply with a lawful subpoena or order of the commissioner or of the banking board issued pursuant to this section, upon proper petition by the commissioner or the banking board to the district court, the court shall require compliance therewith, and further refusal shall be punishable as contempt of court.     History. Source: L. 2003: Entire article added with relocations, p. 1067, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-104 as it existed prior to 2003.
CO Code § 11-102-203 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 2 - Proceedings|§ 11-102-203. Effect of Good Faith Reliance on Orders or Rules of Banking Board

 No person who in good faith relies on any order or rule of the banking board shall be subjected to any civil or criminal liability for any act or omission to act, notwithstanding a subsequent decision by a court invalidating any such order or rule.   History. Source: L. 2003: Entire article added with relocations, p. 1067, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-104.5 as it existed prior to 2003.
CO Code § 11-102-203.5 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 2 - Proceedings|§ 11-102-203.5. Independent Administrative Review of Material Supervisory Determinations - Rules

  The banking board shall establish by rule an independent administrative appeals process to address an adverse material supervisory determination that affects a state bank. For purposes of this section, a “material supervisory determination” means:   An examination rating, including composite scores, information technology, and trust department ratings;    A determination relating to the adequacy of loan loss reserve provisions;    A disputed asset classification exceeding ten percent of the state bank's total capital;    A determination relating to violations of law or regulation; and    Any other determination that may have an effect on a state bank's capital, earnings, operating flexibility, or capital category for prompt corrective action purposes, or may otherwise affect the nature and level of supervisory oversight accorded the state bank.       In promulgating the rule provided for in this section, the banking board shall apply the following criteria, considerations, and policies:   The initial appeal shall be heard by one or more people selected by the banking board who did not participate in and does not report to anyone who made the material supervisory determination under review;    The banking board shall establish safeguards to protect from retaliation a state bank that files an appeal;    All appeals shall be in writing, on forms approved by the banking board, and approved by the appellant's governing principal or a majority of principals;    All appeals shall be heard within ninety days after filing and decided within one hundred eighty days after filing;    The banking board shall classify the state banks that are eligible to appeal;    The banking board shall encourage informal resolution procedures;    The banking board shall encourage coordination with other state and federal regulatory authorities; and    To the extent that federal guidelines are consistent with this section, the banking board shall model the rule provided for in this section on relevant federal guidelines.       Notwithstanding any other provision of this section, an appeal of an adverse material supervisory determination shall not affect, delay, or impede any formal or informal supervisory or enforcement action in progress.     History. Source: L. 2004: Entire section added, p. 22, § 4, effective March 3.
CO Code § 11-102-302 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 3 - Records, Reporting, and Information|§ 11-102-302. Bank Reports to Banking Board - Generally

  Every state bank shall make and file with the banking board not less than three reports during each calendar year according to the form that may be prescribed by the banking board, verified by the oath of either the president, the vice-president, the cashier, or the secretary and attested by the signature of three or more of the directors. Each such report shall exhibit in detail, as may be required by the banking board, the resources and liabilities of the state bank at the close of business on the date specified by the banking board.    Said reports shall be transmitted to the banking board within thirty days after its request.    The banking board has power to call for special reports from any particular state bank if, in the banking board's judgment, the special reports are necessary to establish a full and complete knowledge of the state bank's condition. No such special report, nor any summary of a special report, shall be required to be published. The reports required by, and filed pursuant to, this section shall be in lieu of all others required by law from state banks. Every state bank that fails to comply with this section shall pay to the banking board a penalty in an amount set by the banking board pursuant to section 11-102-104 (11). The banking board, for valid reasons and good cause, may waive such penalty.     History. Source: L. 2003: Entire article added with relocations, p. 1069, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-109 as it existed prior to 2003.   ANNOTATION   Loan omitted from report to deceive commissioner is void. Where a bank failed to report or publish a certain bank loan as required by this section and had it done so the commissioner would have closed the bank, the evident purpose of the loan then was to deceive the commissioner in his performance of an official duty. Such contracts are contrary to public policy and void. Walther v. McFerson, 92 Colo. 314 , 20 P.2d 552 (1933) (decided under repealed laws antecedent to CSA, C. 18, § 22, which were similar to this section).
CO Code § 11-102-304 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 3 - Records, Reporting, and Information|§ 11-102-304. Commissioner's Annual Report - Publications

 For each calendar year, the commissioner shall compile and publish an annual report in such form and containing such information as the commissioner may determine necessary to reasonably summarize the operations of the division during such year.   History. Source: L. 2003: Entire article added with relocations, p. 1073, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-110 as it existed prior to 2003.
CO Code § 11-102-307 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 3 - Records, Reporting, and Information|§ 11-102-307. Access to Records

 The commissioner shall have access to any record of the division relating to state banks, and the appointive members of the banking board shall have such access upon the affirmative vote of a majority of the members of the banking board.   History. Source: L. 2003: Entire article added with relocations, p. 1074, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-112 as it existed prior to 2003.
CO Code § 11-102-308 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 3 - Records, Reporting, and Information|§ 11-102-308. Bank Records - Preservation - Reproduction

  Every state bank shall retain its business records for such periods as are prescribed by or in accordance with the terms of this section.    Each state bank shall retain permanently the minute books of meetings of its stockholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger (or the record kept by the bank in lieu thereof), its daily statements of condition, and all records that the banking board shall, in accordance with the terms of this section, require to be retained permanently.    All other state bank records shall be retained for such periods as the banking board shall, in accordance with the terms of this section, prescribe.    The banking board shall from time to time issue rules classifying all records kept by state banks and prescribing the period for which records of each class shall be retained. Such periods may be permanent or for a term of years. Such rules may be amended or repealed. Prior to issuing any such rule, the banking board shall consider:   Actions and administrative proceedings in which the production of bank records might be necessary or desirable;    State and federal statutes of limitation applicable to such actions or proceedings;    The availability of information contained in bank records from other sources;    Such other matters as the banking board deems pertinent in order that its rules will require banks to retain their records for such periods as are commensurate with the interests of bank customers and shareholders and of the people of this state in having bank records available.       Any state bank may dispose of any record that has been retained for the period prescribed, in accordance with the terms of this section for retention of records of its class, and shall, after it has disposed of a record, thereafter be under no duty to produce such record in any action or proceeding.    In lieu of retention of the original records, any state bank may cause any of its records and records at any time in its custody, including those held by it as a fiduciary, to be photographed or otherwise reproduced in permanent form. Any such photograph or reproduction shall have the same force and effect as the original and be admitted in evidence equally with the original.    To the extent that they are not in contravention of any statute of the United States or any rule promulgated thereunder, the provisions of this section shall apply to all banks doing business in this state.     History. Source: L. 2003: Entire article added with relocations, p. 1074, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-113 as it existed prior to 2003.
CO Code § 11-102-401 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 4 - Assessments and Fees|§ 11-102-401. Assessments

  The banking board shall annually establish fees and assessments pursuant to section 11-102-104 (11). Assessments may be made more frequently than annually at the discretion of the banking board.    For the fiscal year beginning July 1, 2003, and for each fiscal year thereafter, the banking board shall establish an assessment to be collected at least semiannually in such amounts as are sufficient to generate the moneys appropriated by the general assembly to the division of banking for each such fiscal year.     History. Source: L. 2003: Entire article added with relocations, p. 1075, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-114 as it existed prior to 2003.
CO Code § 11-102-403 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 4 - Assessments and Fees|§ 11-102-403. Division of Banking Cash Fund - Creation

 All fees and assessments collected by the banking board shall be transmitted to the state treasurer, who shall credit the same to the division of banking cash fund, which fund is hereby created in the state treasury. All money in the fund shall be subject to appropriation by the general assembly for the direct and indirect costs of the activities of the banking board and the division. All interest derived from the deposit and investment of money in the fund shall be credited to the fund. Any money not appropriated shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.   History. Source: L. 2003: Entire article added with relocations, p. 1076, § 3, effective July 1. L. 2020: Entire section amended,(HB 20-1406), ch. 178, p. 811, § 6, effective June 29. L. 2021: Entire section amended,(SB 21-266), ch. 423, p. 2795, § 8, effective July 2.    Editor's note:   This section is similar to former § 11-2-114.5 as it existed prior to 2003.
CO Code § 11-102-501 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 5 - Conflicts of Interest, Penalties, Removal, Suspension, Enforcement|§ 11-102-501. Banking Interests of Officers and Employees

 No officer or employee of the division shall be an officer, director, attorney, owner, or shareholder in any bank, or, except as provided in this article, receive, directly or indirectly, any payment or gratuity from any such bank, or be indebted to any bank or other institution over which the division has supervisory control. Willful violation of this section is declared to be a criminal offense. This section shall not prohibit being a depositor or the lessee of a safe deposit box on the same terms as are available to the public generally, or being indebted to a bank: Upon a mortgage loan upon the mortgagor's own home, or upon an installment debt transferred to a bank in the regular course of business by a seller of consumer goods including automobiles purchased by the officer or employee. Further, this section shall not prohibit the four banker members of the banking board, provided for in section 11-102-103 (2)(a) , from being executive officers in banks and from receiving bona fide compensation as such officers.   History. Source: L. 2003: Entire article added with relocations, p. 1076, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-115 as it existed prior to 2003.
CO Code § 11-102-502 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 5 - Conflicts of Interest, Penalties, Removal, Suspension, Enforcement|§ 11-102-502. Exemption From Liability - When

 No member of the banking board or officer or employee of the division shall be liable in any civil action for damages for any act done or omitted in good faith in performing the functions of his or her office.   History. Source: L. 2003: Entire article added with relocations, p. 1076, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-116 as it existed prior to 2003.   ANNOTATION   Annotator's note. Since § 11-102-502 is similar to § 11-2-116 as it existed prior to the 2003 recodification of the “Colorado Banking Code”, articles 101 to 109 of title 11, a relevant case construing that provision has been included in the annotations to this section.   A bank is under a duty not to disclose the financial condition of its customers and depositors. Rubenstein v. S. Denver Nat. Bank, 762 P.2d 755 (Colo. App. 1988).
CO Code § 11-102-504 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 102 - Division of Banking|Part 5 - Conflicts of Interest, Penalties, Removal, Suspension, Enforcement|§ 11-102-504. No Indemnification or Insurance Against Civil Money Penalties

 Notwithstanding any other provision of law, no state bank shall indemnify or insure any executive officer, director, employee, agent, or person participating in the conduct of affairs of such bank against civil money penalties.   History. Source: L. 2003: Entire article added with relocations, p. 1078, § 3, effective July 1.    Editor's note:   This section is similar to former § 11-2-118 as it existed prior to 2003.