2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS (§§ 11-101-101 — 11-111-116) › COLORADO BANKING CODE (§§ 11-101-101 — 11-111-116) › Article 110 - MONEY TRANSMITTERS (§§ 11-110-101 — 11-110-206) › Part 1 - GENERAL PROVISIONS (§§ 11-110-101 — 11-110-121) › Section 11-110-109 - [Effective 8/7/2024] Issuance of license

(1)
Upon the filing of an application, the commissioner shall investigate the applicant. The applicant shall pay for the cost of the investigation. If the board finds that the applicant is of good moral character and financially responsible and can comply with this article 110, the board shall approve the application and notify the applicant in writing that the approval expires six months after the approval date. Once the approved applicant has notified the board that the applicant is prepared to commence operations in Colorado, posted the required bond, and paid the license fee, the board shall issue to the applicant a license to engage in the business of money transmission subject to this article 110.
(2)
The commissioner shall not issue a license to an applicant, if a natural person, unless the applicant is over twenty-one years of age; or, if a partnership or syndicate, unless each of the partners is over twenty-one years of age; or, if a joint stock association, common law trust, unincorporated company or association, or corporation, unless each of the officers, directors, trustees, or other managing officials is over twenty-one years of age.
(3)
If the board denies an application, the board shall, within thirty days after the denial, prepare and file in its office a written order of denial, which must contain the board's findings and reasons supporting the denial. Within ten days after filing the order of denial, the board shall notify the applicant and send the applicant a copy of the order. The applicant may request a hearing by the board by submitting a written request to the board within sixty days after receiving notice as specified in section
24-4-104 (9)
, and, if so requested, the board shall hold a hearing as specified in section
24-4-105
.
(4)
A license shall not be issued to an applicant if an owner, principal shareholder, principal member, director, trustee, officer, or other managing official:
(a)
Submitted a license application under this article 110 that was false or misleading as a result of an untrue statement of a material fact or an omission to state a material fact unless the applicant did not know, and in the exercise of reasonable care should not have known, of the untruth or omission;
(b)
Willfully violated or willfully failed to comply with this article 110 or a rule promulgated or order issued under this article 110;
(c)
Within the past ten years, entered a plea of guilty or nolo contendere to, or was convicted of, a felony or misdemeanor involving a breach of fiduciary duty or fraud; or
(d)
Is subject to a temporary or permanent injunction for violating a state or federal law regulating the financial services industry, including, but not limited to, federal provisions regarding money laundering, record keeping, and registration.
Amended by 2024 Ch. 341,§ 11, eff. 8/7/2024.
Renumbered from C.R.S. §12-52-108 and amended by 2017 Ch. 159, §2, eff. 8/9/2017.
Amended by 2013 Ch. 395, §9, eff. 6/5/2013.
L. 2017: Entire article added with relocations, (SB 17-226), ch. 159, p. 581, § 2, effective August 9.
This section is similar to former § 12-52-108 as it existed prior to 2017.
2024 Ch. 341, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.