53C-10-101. Holding companies. Every holding company, as defined in G.S. 53C-1-4(39), that directly or indirectly controls a depository institution or nonbank subsidiary that has an office located in this State shall register with the Commissioner and maintain that registration on an annual basis in the form prescribed by the Commissioner. (2012-56, s. 4; 2017-165, s. […]
53C-10-102. Holding company control transaction. (a) Except as otherwise expressly permitted by this section, a person shall not engage in a control transaction to which a holding company formed under the laws of this State and having a bank as a subsidiary is a party without the prior approval of the Commissioner. A person may […]
53C-10-103. Application regarding a control transaction. (a) A person seeking approval of a control transaction to which a holding company of a bank is a party under this Article shall file the following with the Commissioner: (1) An application in the form prescribed by the Commissioner. (2) All filing fees required by rule of the […]
53C-10-104. Public notice. A person filing an application for approval of a control transaction shall publish a public notice of the filing of the application not more than 30 days before nor more than 10 days after the filing of the application with the Commissioner. The public notice shall contain the following: (1) A statement […]
53C-10-105. Actions on control transaction applications. (a) The Commissioner shall examine the proposed control transaction, including the character, competence, and experience of the acquiring person and its proposed management personnel, to determine whether the financial stability of the holding company or the interests of the customers served by one or more bank subsidiaries of the […]
53C-10-106. Appeal. Any order of the Commissioner denying an application for approval of a control transaction may be appealed to the Commission by the person filing the application denied, as provided in G.S. 53C-2-6. (2012-56, s. 4.)
53C-10-201. Combination authority. With the approval of the Commissioner, a holding company of a bank may combine with one or more other holding companies or other companies. The application for approval shall be in the form required by the Commissioner and shall be accompanied by such fee as may be required by rule. (2012-56, s. […]
53C-10-202. Combination application and investigation. (a) A holding company of a bank seeking approval of a combination shall file with the Commissioner an application for approval, copies of the agreement under which the holding company proposes to effect the combination, and any additional information that the Commissioner shall require by rule or as is required […]
53C-10-203. Decision on application. Based on the application and the Commissioner’s examination, the Commissioner shall enter an order approving or denying approval of the proposed combination not later than the 60th day following the date the Commissioner notifies the parties that the application is complete, unless extraordinary circumstances require a longer period of review. (2012-56, […]
53C-10-204. Appeal. Any order of the Commissioner denying an application for approval of a combination may be appealed to the Commission by a party to the combination, as provided in G.S. 53C-2-6. (2012-56, s. 4.)
53C-10-301. Cease and desist order. Upon a finding that any action of a holding company subject to registration under this Article, or its nonbank affiliate, may be in violation of any banking laws, the Commissioner, after a reasonable notice to the holding company and an opportunity for it to be heard, shall have the authority […]
53C-10-302. Other control changes. Each holding company of a bank shall report to the Commissioner any changes in its directors, president, chief executive officer, or chief financial officer by the close of the second day on which the holding company is open for business following the change. (2012-56, s. 4.)
53C-10-303. Fees. A holding company subject to this Article shall pay the following fees: (1) An initial registration fee of one thousand dollars ($1,000). (2) An annual registration fee of seven hundred fifty dollars ($750.00). (3) A fee of fifty dollars ($50.00) for the issuance of any certified copies of documents plus one dollar ($1.00) […]
