(a)        Not less than 30 days before the public hearing of the Commission to review the Commissioner‘s approval of an application, the applicant shall cause to be published a public notice containing the following:

(1)        A statement that the application has been filed with the Commissioner.

(2)        The name of the community where the proposed bank intends to locate its principal office.

(3)        A statement that a public hearing will be held to review the Commissioner’s approval of the application.

(4)        A statement that any interested person may file a written statement either favoring or protesting the chartering of the proposed bank. The statement shall note that, in order to be considered at the public hearing, all written statements from interested persons must be filed with the Commission within 30 days of the date of publication of the public notice.

(b)        At the public hearing, the Commission shall consider the findings and order of the Commissioner and shall hear such testimony as the Commissioner may wish to give or be called upon to give. To the extent that the Commission deems the information and testimony relevant to its review of the Commissioner’s order, the Commission shall receive information and hear testimony from the organizers and shall hear from any other interested persons. ?(2012-56, s. 4.)

Terms Used In North Carolina General Statutes 53C-3-5

  • Bank: Any corporation, other than a credit union, savings institution, or trust company, that is organized under the laws of this State and is engaged in the business of receiving deposits (other than trust funds), paying monies, and making loans. See North Carolina General Statutes 53C-1-4
  • Commission: The State Banking Commission provided for in N. See North Carolina General Statutes 53C-1-4
  • Commissioner: The Commissioner of Banks provided for in N. See North Carolina General Statutes 53C-1-4
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Organizers: One or more individuals who are the organizers of a proposed bank responsible for the business of the proposed bank from the filing of the application to the Commission's final decision on the application. See North Carolina General Statutes 53C-1-4
  • Person: An individual, a company, or a group of persons who are acting in concert. See North Carolina General Statutes 53C-1-4
  • Principal office: The office that houses the headquarters of a bank. See North Carolina General Statutes 53C-1-4
  • Public notice: Notice to the public of the applicable information specified in this Chapter by (i) a single publication in a newspaper of general circulation in the county in which the bank that is the subject of the publication has its principal office or in such other county as may be directed by the Commissioner to best meet the purposes for which the notice is required and (ii) a posting in the notices section of the Commissioner's Web site for at least 15 days. See North Carolina General Statutes 53C-1-4
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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