When any association, of whose property, business, and assets the commissioner has taken possession, deems itself aggrieved thereby, it may appeal to the financial services board pursuant to section 11-44-101.8 and receive expedited consideration as soon as practicable, and if it has, within ten days after the commissioner took possession, served written notice on the commissioner of its intention to seek to enjoin in court the commissioner's further proceedings, it may apply at any time within thirty days after such taking possession to the district court of the county in which the principal office of the association is located to enjoin further proceedings. After citing the commissioner to show cause why further proceedings should not be enjoined and hearing the evidence of the parties and determining the facts, the court may, upon the merits, dismiss such application or enjoin the commissioner from further proceedings and direct the commissioner to surrender such business, property, and assets to such association. An appeal from such judgment shall operate as a stay from the commissioner's taking possession, and no bond need be given if such appeal is taken by the commissioner; but, if such appeal is taken by such association, a bond shall be given as required by the court.
Source: L. 33: p. 341, § 10. CSA: C. 25, § 56. CRS 53: § 122-6-11. C.R.S. 1963: § 122-5-11. L. 93: Entire section amended, p. 1452, § 11, effective June 6.
Structure Colorado Code
Title 11 - Financial Institutions
Article 44 - Division of Financial Services
§ 11-44-101. Division of Financial Services Created
§ 11-44-101.5. Division Subject to Termination - Repeal of Article
§ 11-44-101.6. Financial Services Board - Creation
§ 11-44-101.7. Powers of the Financial Services Board
§ 11-44-101.8. Review of Commissioner Actions by Financial Services Board - Judicial Review
§ 11-44-102. Commissioner - Duties - Employees
§ 11-44-103. Powers of Commissioner
§ 11-44-103.5. Record Retention by the Commissioner
§ 11-44-104. Commissioner May Delegate Powers
§ 11-44-105. Commissioner May Institute Suits
§ 11-44-106. Issuance of Subpoenas
§ 11-44-106.5. Suspension or Removal of Directors, Officers, or Employees
§ 11-44-109. Examination by Commissioner - Procedure - Penalty
§ 11-44-110. Power to Take Possession of Association
§ 11-44-110.5. Supervisory Mergers
§ 11-44-111. Appeal From Commissioner's Action
§ 11-44-113. Procedure Under Court Order
§ 11-44-114. Noncompliance With Orders - Penalty
§ 11-44-114. Noncompliance With Orders - Penalty
§ 11-44-115. Officers to Furnish Schedule of Property
§ 11-44-116. Liquidation Powers of Commissioner
§ 11-44-118. Commissioner and Deputy Not to Accept Gifts
§ 11-44-119. Association's Right to Resort to Court
§ 11-44-120. Records of Commissioner