304 - Department of Banking consideration of articles.

     § 304.  Department of Banking consideration of articles.        (a)  General rule.--The articles of incorporation and two     copies of the proposed bylaws for the general governance of the     credit union shall be presented to the department, together with     such reasonable fees as shall be established by the department,     including an application fee and other fees for such examination     and such investigation as it may deem necessary to ascertain:            (1)  Whether the character and general fitness of the        incorporators, directors and the treasurer named in the        articles of incorporation is satisfactory.            (2)  Whether the character and number of the group        proposed to be served affords reasonable promise of        sufficient support for the enterprise so as to make the        establishment of the proposed credit union economically        advisable.            (3)  Whether the incorporators, directors and group        proposed to be served have a common bond of association as        provided in section 701 (relating to membership).            (4)  Whether the proposed credit union unduly encroaches        upon the field of membership of any other credit union.            (5)  Whether the application is in proper form and within        the purpose of this title.            (6)  Whether the savings of members paid for shares will        be insured by the National Credit Union Administration or        other share insurance fund approved by the department.        Nonprofit corporations created by specific legislation of any        state to insure share accounts or depository accounts of        credit unions shall not be subject to regulation by the        Department of Insurance or to the laws of this Commonwealth        concerning insurance.     Within 60 days after receipt of the articles, the department     shall, upon the basis of the facts disclosed by the application     and its investigation, either approve or disapprove the     articles.        (b)  Approval action.--If the department approves the     articles, it shall endorse its approval thereon and forward the     articles to the Department of State. The Department of State     shall, upon the receipt of the articles and the required filing     fee, file the same. Upon the filing of the article of     incorporation, the corporate existence of the credit union shall     begin. The articles of incorporation as filed in the Department     of State are conclusive evidence of the fact that the credit     union has been incorporated.        (c)  Disapproval action.--If the department disapproves the     articles, it shall return them to the incorporators, stating in     detail its reasons for doing so.        (d)  Cross reference.--See 15 Pa.C.S. § 134 (relating to     docketing statement).     (Dec. 9, 2002, P.L.1572, No.207, eff. 60 days)        2002 Amendment.  Act 207 amended subsecs. (a), (b) and (c).