Nevada Code § 673.080

Articles to be approved by Commissioner; application; permission to organize; fees; conditions; regulations; withdrawal of application
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1. The Secretary of State shall not issue
any certificate to a savings bank or company authorizing it to do business
until the articles of association, agreement or incorporation are approved by
the Commissioner.
2. No amendment to the articles of the
organization may be filed by the Secretary of State without the written
approval of the articles by the Commissioner.
3. No savings bank may sell, offer for
sale, negotiate for the sale of, take subscriptions for, or issue any of its
common or preferred stock until it has first applied for and secured from the Commissioner
approval of an application for permission to organize as provided for in this
section.
4. Persons who desire to organize a
savings bank in accordance with this chapter shall first execute in triplicate
an application, in the form prescribed by the Commissioner, for permission to
organize a savings bank before taking any other action in connection with the
organization. Upon execution of an application for permission to organize by
one or more responsible natural persons, referred to in this section as
applicants, the original and two copies of the application must be submitted
to the Commissioner. The applicants shall submit with their application the
names and addresses of the applicants, the location of the proposed main
office, an itemized account of the financial condition of the proposed savings
bank and of the applicants, the amount and character of the proposed stock,
statements, exhibits, maps and such additional information as the Commissioner
requires, together with an affidavit that the representations made thereby are
consistent with the facts to the best of the applicants information and
belief. This data must be sufficiently detailed and comprehensive to enable the
Commissioner to pass upon the application as to:
(a) The character and responsibility of the
applicants;
(b) The need for the savings bank in the
community to be served;
(c) The reasonable probability of its usefulness
and success; and
(d) Whether such a savings bank can be
established without undue injury to any properly conducted existing savings
banks.
5. If the Commissioner approves the
application he or she shall, within 30 days, notify all savings banks within
100 miles of the community where the applicant intends to establish a savings
bank. Any savings bank so notified may, within 20 days, protest in writing the
granting of the application. Within 30 days after receipt by the Commissioner
of a written protest, the Commissioner shall fix a date for a hearing upon the
protest, and the hearing must be held not earlier than 30 days nor more than 60
days after the date of receipt of written notice by registered or certified
mail by the parties. The Commissioner shall approve or deny the application
within 90 days after the date of the conclusion of the hearing and give all
parties written notice of his or her decision on or before that date.
6. If the Commissioner approves the
application, he or she shall establish as conditions to be met before the
issuance of a charter requirements as to:
(a) The minimum number of shares of common or
preferred stock to be subscribed to the permanent capital of the savings bank;
(b) The minimum amount of paid-in surplus;
(c) The minimum amount of investment certificates
to be paid into the deposit accounts of the savings bank upon issuance of a
charter to it; and
(d) Such other requirements as he or she deems
necessary or desirable.
At least 75
percent of the capital must be subscribed by bona fide residents of this State
or a depository institution or holding company qualified to control the savings
bank pursuant to the provisions of this chapter or chapter
666 or 666A of NRS. Approval of an application
for permission to organize a savings bank does not in any manner obligate the
Commissioner to issue a charter, except that when all requirements of this
chapter and of the Commissioner have been fulfilled, he or she shall issue a
charter.
7. The charter expires 180 days after
issuance, unless, within that time, the savings bank has obtained insurance of
accounts from the Federal Deposit Insurance Corporation. The Commissioner may,
for good cause, extend the time of the conditional expiration of the charter
for an additional period or periods not exceeding 360 days in the aggregate.
8. A savings bank shall not sell or issue
any of its permanent stock until it has first applied for and secured from the
Commissioner a license authorizing it to operate as a savings bank pursuant to
the laws of this State and until it has applied for and secured insurance of
accounts in accordance with the regulations of the Federal Deposit Insurance
Corporation. This insurance of accounts must be maintained at all times.
9. The Commissioner may extend the time
for any hearing provided for in this section, to the time agreed upon by the
parties.
10. The filing fees are:
(a) For filing an original application, not more
than $4,000 for the main office. The applicant shall also pay such additional
expenses incurred in the process of investigation as the Commissioner deems
necessary. All money received by the Commissioner pursuant to this paragraph
must be placed in the Investigative Account for Financial Institutions created by NRS 232.545 .
(b) If the license is approved for issuance, not
more than $2,000 for the main office before issuance.
11. The Commissioner may impose conditions
requiring the impoundment of proceeds from the sale of any stock, limiting the
expense in connection with the sale of stock, and such other conditions as are
reasonable and necessary or advisable to insure the disposition of the proceeds
from the sale of the stock in the manner and for the purposes provided in the
permission to organize.
12. Every permission to organize issued by
the Commissioner must recite in bold type that its issuance is permissive only
and does not constitute a recommendation or endorsement of the organization or
of the stock permitted to be issued.
13. Any corporation applying pursuant to this
section or authorized to organize or authorized to establish a savings bank
shall provide for a minimum par value of its permanent capital stock of at
least $1 in its articles of incorporation. Par value of permanent capital stock
may not be reduced below $1 without written permission of the Commissioner.
14. The removal of the main office or of
any branch office of a savings bank to any other location from its then
existing location requires submission of written notice at least 30 days before
relocation to the Commissioner and, if the Commissioner determines that his or
her approval is necessary, approval of the Commissioner. An application seeking
approval, if required by the Commissioner, must be delivered to the
Commissioner, together with a fee to cover expenses attendant upon the
investigation required for the approval, which must be not less than $200. All
money received by the Commissioner pursuant to this subsection must be placed
in the Investigative Account for Financial Institutions created by NRS 232.545 .
15. A savings bank shall not pay any
commissions or other compensation for the subscription to or sale of the
original issue of its stock.
16. The Commissioner shall adopt
regulations establishing the amount of the fees required pursuant to this
section.
17. The Commissioner shall consider an
application to be withdrawn if the Commissioner has not received all
information and fees required to complete the application within 12 months
after the date the application is first submitted to the Commissioner or within
such later period as the Commissioner determines in accordance with any
existing policies of joint regulatory partners. If an application is deemed to
be withdrawn pursuant to this subsection or if the applicant otherwise
withdraws the application, the Commissioner may not issue a license to the
applicant unless the applicant submits a new application and pays any required
fees.

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