Criminal Offenses

C.R.S. tit. 11, art. 107

in effect

C.R.S. § 11-107-101 Unauthorized conduct of banking business

11-107-101. Unauthorized conduct of banking business. It is a criminal offense for any person not authorized to carry on a banking business under this code, falsely and with intent to defraud, to act as a bank or to represent that the person is or is acting for a bank or to use an artificial or corporate name that is the name of a bank.

C.R.S. § 11-107-102 Receipt of deposits while insolvent

11-107-102. Receipt of deposits while insolvent. It is a criminal offense if a state bank receives any deposit while insolvent or an officer, director, or employee knows or, in the proper performance of the officer's, director's, or employee's duty, should know of such insolvency and receives or authorizes the receipt of such deposit or if such state bank or person has knowingly concealed or misstated material facts regarding the insolvency of the state bank from or to the banking board, commissioner, or division of banking.

C.R.S. § 11-107-103 Unlawful service as officer or director

11-107-103. Unlawful service as officer or director. (1) It is a criminal offense for any person to serve as an officer or director of a state bank, or serve as commissioner, deputy commissioner, or employee of the division: (a) Who has been convicted of an unpardoned offense constituting, in the jurisdiction in which the conviction was had, a violation of the banking laws, a felony involving moral turpitude, or a breach of trust; (b) Who is indebted to the bank for more than thirty days upon a judgment that has become final.

C.R.S. § 11-107-104 Unlawful gratuity, compensation, or transactions

11-107-104. Unlawful gratuity, compensation, or transactions. (1) It is a criminal offense for an affiliate of a state bank or for an officer, director, or employee of a state bank or affiliate of a state bank: (a) To solicit, accept, or agree to accept, directly or indirectly, from any person other than the institution, any gratuity, compensation, or other personal benefit for any action taken by the institution, or for endeavoring to procure any such action; (b) To have any interest, direct or indirect, in the purchase at less than its face value of any evidence of indebtedness issued by the institution. (2) In this section and section 11-105-101 (5), the term "affiliate" of a state bank shall include: (a) Any person who holds a majority of the stock of the bank or has been determined by the banking board to hold a controlling interest therein, any other corporation in which such person owns a majority of the stock, and any partnership in which such person has an interest; (b) Any corporation in which the state bank or an officer, director, or employee thereof holds a majority of the stock and any partnership in which such person has an interest; (c) Any corporation of which a majority of the directors are officers, directors, or employees of the state bank or of which officers, directors, trustees, or employees constitute a majority of the directors of the state bank.

C.R.S. § 11-107-105 Unlawful concealment of transactions

11-107-105. Unlawful concealment of transactions. (1) It is a criminal offense for an officer, director, employee, attorney, or agent of a state bank: (a) To conceal, or endeavor to conceal, any transaction of the bank from any officer, director, or employee of the bank or any official or employee of the division to whom it should properly be disclosed; (b) With intent to deceive, to make any false or misleading statement or entry, or omit any statement or entry that should be made in any book, account, report, or statement of the institution. (2) No bank shall sell, assign, or transfer any of its assets when insolvent, or in contemplation of insolvency with the intent of preferring any credit, or preventing the application of such assets to the subrogation of its debts; nor shall any officer, director, or employee of any bank personally authorize or permit the same to be done.

C.R.S. § 11-107-106 Unlawful payment of penalties and judgment against others

11-107-106. Unlawful payment of penalties and judgment against others. It is a criminal offense for a state bank to pay a fine, or penalty imposed by law upon any other person, or any judgment against such person, or to reimburse directly or indirectly any person by whom such fine, penalty, or judgment has been paid, except in settlement of its own liability or in connection with the acquisition of property against which such judgment is a lien or as provided in section 11-103-602.

C.R.S. § 11-107-107 Embezzlement or misapplication of funds

11-107-107. Embezzlement or misapplication of funds. It is a criminal offense for any officer, director, shareholder, or employee of any bank to directly or indirectly embezzle, abstract, or misapply, or cause to be embezzled, abstracted, or misapplied, any of the funds or securities or other property of or under the control of the bank with intent to deceive, injure, cheat, wrong, or defraud any person.

C.R.S. § 11-107-108 Unlawful acts or omissions - penalties

11-107-108. Unlawful acts or omissions - penalties. (1) Any person responsible for an act or omission expressly declared to be a criminal offense by this code: (a) Commits a class 2 misdemeanor; (b) If the act or omission was intended to defraud, commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S. (2) An officer, director, employee, agent, or attorney of a state bank shall be held criminally responsible for an act or omission of the institution declared to be a criminal offense by this code if, knowing that such act or omission is a criminal offense, the person participates in authorizing, executing, ratifying, or concealing such act or in authorizing or ratifying such omission or, having a duty to take the required action, omits to do so. (3) Unless otherwise provided in this code, it is not a defense to a criminal prosecution under this code that the defendant did not know the facts establishing the criminal character of the act or omission charged, if the defendant could and should have known such facts in the proper performance of the defendant's duty.

C.R.S. § 11-107-109 Unlawful acts or failure to perform - penalty

11-107-109. Unlawful acts or failure to perform - penalty. Any person who willfully or knowingly fails to perform any act required, and as required by section 11-102-102 (10) or 11-102-501, or who commits any act in violation of said sections commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

C.R.S. § 11-107-110 Injunction

11-107-110. Injunction. (1) If a violation of this code by a state bank or an officer, director, or employee thereof is threatened or impending and may cause substantial injury to the institution or to the depositors, creditors, or stockholders thereof, the district court in and for the county in which the bank is located may, upon the suit of the banking board, issue an injunction restraining such violation. (2) If any person, not authorized to carry on a banking business under this code, falsely acts as a bank, or falsely represents that such person is acting for a bank, or uses an artificial or corporate name that is the name of a bank, the said district court may, upon the suit of the banking board, issue an injunction restraining such act.

C.R.S. § 11-107-111 General corporation laws applicable

11-107-111. General corporation laws applicable. The provisions of articles 30 to 52, 101 to 117, and 121 to 137 of title 7, C.R.S., relating to corporations and nonprofit corporations shall, insofar as the same are not inconsistent with this code, govern corporations and nonprofit corporations operating under the provisions of this code.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-11.docxFetched: 10/6/2026