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 105 - BANKING PRACTICES (§§ 11-105-101 — 11-105-606) › Part 1 - GENERAL PROVISIONS (§§ 11-105-101 — 11-105-112) › Section 11-105-101 - [Effective 8/7/2024] Branch banks and practices prohibited

(1)
Any state bank or state bank chartered in another jurisdiction, upon application to and approval by the banking board, may operate one or more loan production offices as defined by the banking board.
(2)
For purposes of this subsection (2), "elementary school" means any public or private school with students in kindergarten through eighth grade. A bank that both opens accounts and accepts students' deposits at elementary schools in conjunction with other educational programs presented by the bank is not engaged in branch banking as defined in section
11-101-401 (10)
. Any bank establishing a location in an elementary school pursuant to this section shall receive the prior approval of the banking board. Approval shall be granted if the program is predominantly educational.
(3)
Any other facility, agency, or paying or receiving station operated by any bank or agent shall constitute a branch within the meaning of this section. Any facility authorized by the United States treasury department shall not be subject to the limitations of this section.
(4)
As authorized under section
10-2-601 (2)
, C.R.S., any bank may, pursuant to federal law or under such rules as may be prescribed by the banking board and subject to rules promulgated by the commissioner of insurance concerning the sale of insurance by financial institutions as provided in section
10-2-601
, C.R.S., as such laws and rules are applicable to the bank, depending upon whether such bank is a national bank or a state bank, act as the agent for any fire, life, or other insurance company authorized to do business in this state by soliciting and selling insurance and collecting premiums on policies issued by such company. For services so rendered, such bank may receive such fees or commissions as may be agreed upon between the bank and the insurance company for which it may act as agent. For purposes of this subsection (4), "bank" shall have the same meaning as set forth in section
11-101-401 (3)
.
(5)
Except as provided in the federal "Gramm-Leach-Bliley Act", as amended, Pub.L. 106-102, 113 Stat. 1388, it is unlawful for a bank or an officer, director, employee, or affiliate of a bank to engage in the business of issuing, floating, underwriting, distributing, or promoting the sale of stocks, bonds, or other securities or to be an officer, trustee, director, employee, stockholder, or partner of any person engaged principally in any such business. Additional exceptions to this section shall be securities issued or guaranteed as to principal and interest by the United States or any agency thereof or by a state or territory of the United States or a subdivision, instrumentality, or public authority organized under the laws of such state or territory or pursuant to an interstate compact between two or more states.
(6)
Except as expressly permitted in this code, a state bank shall not assume liability as an insurer, nor shall it become a guarantor or endorser of any security instrument or obligation in which, or with respect to which, it has no property interest.
(7)
an officer, director, employee, or agent of a state bank shall not knowingly maintain, or authorize the maintenance of, any account of the bank in a manner that does not conform to the requirements prescribed by this code or by the commissioner or the banking board.
(8)
No officer, director, employee, or agent of a state bank shall obstruct, or endeavor to obstruct, a lawful examination of the institution by an officer or employee of the division.
Amended by 2024 Ch. 461,§ 27, eff. 8/7/2024.
Amended by 2013 Ch. 282, §12, eff. 7/1/2013.
L. 2003: Entire article added with relocations, p. 1112, § 3, effective July 1. L. 2004: (1) amended, p. 323, § 5, effective April 7. L. 2007: (5) amended, p. 2021, § 14, effective June 1. L. 2013: (1) amended, (SB 13-154), ch. 282, p. 1466, § 12, effective July 1.
This section is similar to former § 11-6-101 as it existed prior to 2003.
2024 Ch. 461, 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.