Section 11-41-109 - Certificate of approval - where articles filed(1) If the commissioner finds affirmatively for the association upon all the matters set forth in section 11-41-107, the commissioner shall issue a certificate of approval in duplicate within sixty days after the finding, which certificate recites in substance the following: (a) That the articles of incorporation and bylaws have been filed in the commissioner's office;(b) That said articles of incorporation and bylaws conform to the provisions of the law;(c) That the commissioner has approved the articles of incorporation and bylaws.(2) The commissioner shall attach one of the certificates to each copy of the articles of incorporation, retain one copy of the articles of incorporation and bylaws in the commissioner's office, and return the other copy of the articles and bylaws, with the certificate of approval attached, to the association. Upon receipt of the articles of incorporation, the association shall file the articles of incorporation with the secretary of state, and certified copies of the articles of incorporation shall be filed by the association in the office of the county clerk and recorder of each county in this state in which the association may own real estate. The failure to file a certified copy in the office of the clerk and recorder of any county in this state does not affect the validity of the incorporation of any association that has made its filing with the secretary of state and has obtained a certificate of approval. In the event a true copy of the articles of incorporation is presented to the secretary of state with the request that the articles of incorporation be certified, the secretary of state shall certify the articles of incorporation for a fee in an amount that is determined and collected pursuant to section 24-21-104 (3). The certificate must contain, in addition to the usual statement, a statement that the attached copy is a true copy of the original articles of incorporation on file in the secretary of state's office and a statement as to the date of the filing of the articles of incorporation. When articles of incorporation or amendments to articles of incorporation have been filed in the office of the secretary of state, the secretary of state shall record and carefully preserve them in the secretary of state's office, and a copy of the articles of incorporation or amendments, duly certified by the secretary of state under the great seal of the state of Colorado, is evidence of the existence of the association and prima facie evidence of the contents of the articles of incorporation or amendments.(3) The secretary of state shall charge for the filing of documents for savings and loan associations the same fees that are charged for corporations with like capital stock, as prescribed in the "Colorado Corporation Code", and such fees shall be deposited in the department of state cash fund created in section 24-21-104 (3), C.R.S.Amended by 2024 Ch. 350,§ 21, eff. 8/7/2024, app. to the operations of the division of financial services, the commissioner of financial services, the financial services board, credit unions, savings and loan associations, and life care institutions on or after 8/7/2024, including the imposition of fines by the commissioner of financial services against a person who violates a cease-and-desist order or a suspension or removal order.L. 33: p. 293, § 8. CSA: C. 25, § 11. CRS 53: § 122-2-9. C.R.S. 1963: § 122-2-9. L. 67: p. 492, § 1. L. 83: (2) and (3) amended, p. 876, § 41, effective July 1.(1) The "Colorado Corporation Code", articles 1 to 10 of title 7, referred to in subsection (3) was repealed, effective July 1, 1994, and was replaced on that date by the "Colorado Business Corporation Act", articles 101 to 117 of title 7.
(2) Section 67(2) of chapter 350 (HB 24-1381), Session Laws of Colorado 2024, provides that the act changing this section applies to the operations of the division of financial services, the commissioner of financial services, the financial services board, credit unions, savings and loan associations, and life care institutions on or after August 7, 2024, including the imposition of fines by the commissioner of financial services against a person who violates a cease-and-desist order or a suspension or removal order.
2024 Ch. 350, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For fees for filing documents under the "Colorado Business Corporation Act", see part 2 of article 101 of title 7.