(a) A Connecticut credit union may, with the approval of the commissioner, transfer all or a significant part of its assets as provided in subdivisions (18), (19) and (21) of section 36a-455a, or transfer all or a significant part of its assets or business to a bank, a Connecticut credit union or a federal credit union. The commissioner shall not approve such transfer if the acquirer, including all insured depository institutions which are affiliates of the acquirer, upon consummation of the sale, would control thirty per cent or more of the total amount of deposits of insured depository institutions in this state, unless the commissioner permits a greater percentage of such deposits. The transferring credit union and the acquirer shall file with the commissioner a written agreement describing the terms and conditions of the transaction, and such additional information as may be required by the commissioner. Such agreement shall be approved and executed by a majority of the governing board of the transferring credit union and of the acquirer, provided if the acquirer does not have a governing board, the agreement may be executed by a person authorized to execute the agreement on behalf of the acquirer. Payment for all or part of the assets and business of the transferring credit union may be made in cash or by making available on demand to share account holders and other creditors thereof funds on deposit with the acquirer. The commissioner may require the transferring credit union to obtain authorization for the transfer by the affirmative vote of at least a majority of the members of such credit union. A Connecticut credit union that transfers all of its assets and business shall comply with the provisions of section 36a-470a.
(b) A Connecticut credit union may, with the approval of the commissioner, sell a branch.
(c) No Connecticut credit union may acquire all or a significant part of the assets or business of a federal credit union without the approval of the commissioner. Such Connecticut credit union shall file with the commissioner an application that includes a copy of any notice, application and other information filed with any federal credit union regulator in connection with such acquisition and such additional information as may be required by the commissioner.
(P.A. 02-73, S. 53; P.A. 03-196, S. 13.)
History: P.A. 03-196 substantially revised Subsec. (a) re transfer of assets or business by a Connecticut credit union and added Subsec. (c) re acquisition by a Connecticut credit union of assets or business of a federal credit union, effective July 1, 2003.
Structure Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Section 36a-435. (Formerly Sec. 36-194). - Definitions.
Section 36a-435a. - Short title: Connecticut Credit Union Act.
Section 36a-435b. - Definitions.
Section 36a-436. (Formerly Sec. 36-195). - License required.
Section 36a-436a. - Franchise and filing fee payable to the Secretary of the State.
Section 36a-437. (Formerly Sec. 36-196). - Organization.
Section 36a-437a. - Organization.
Section 36a-438a. - Field of membership. Expansion. Change in field of membership.
Section 36a-439. (Formerly Sec. 36-196c). - Change in the field of membership.
Section 36a-439a. - Membership applications. Expulsion of member.
Section 36a-440. (Formerly Sec. 36-196d). - Central credit union.
Section 36a-440b. - Financial and statistical reports and other information. Records.
Section 36a-441. (Formerly Sec. 36-198). - Powers.
Section 36a-441a. - Loan and lease losses account. Net worth requirement.
Section 36a-442. (Formerly Sec. 36-198b). - Mortgage loans to members.
Section 36a-442a. - Deposit of funds; withdrawals. Bond requirement.
Section 36a-448a. - Governing board powers.
Section 36a-449. (Formerly Sec. 36-203a). - Governing board meetings.
Section 36a-449a. - Meetings of governing board.
Section 36a-450. (Formerly Sec. 36-203b). - Governing board powers. Committees.
Section 36a-450a. - Executive committee.
Section 36a-451. (Formerly Sec. 36-203c). - Executive committee.
Section 36a-451a. - Supervisory committee. Members. Powers. Duties.
Section 36a-452. (Formerly Sec. 36-203d). - Investment policy.
Section 36a-452a. - Credit committee. Credit manager. Loan officer.
Section 36a-455. (Formerly Sec. 36-205). - Credit committee. Loans. Lines of credit.
Section 36a-456a. - Shares; secondary capital accounts; share insurance.
Section 36a-456b. - Tax and loan and note accounts.
Section 36a-456c. - Dividends.
Section 36a-457. (Formerly Sec. 36-208). - Supervisory committee. Members. Powers. Duties.
Section 36a-457a. - Loan policy.
Section 36a-457b. - Mortgage loans to members.
Section 36a-458. (Formerly Sec. 36-209). - Reserve requirements.
Section 36a-458a. - Loans. Definitions.
Section 36a-459. (Formerly Sec. 36-210). - Dividends.
Section 36a-459a. - Investment policy.
Section 36a-460. (Formerly Sec. 36-211). - Losses. Reduction of liabilities.
Section 36a-460a. - Corporate Connecticut credit union.
Section 36a-461a. - Credit union service organizations.
Section 36a-468b. - Conversion of Connecticut credit union into federal credit union.
Section 36a-470. (Formerly Sec. 36-223c). - Mergers.
Section 36a-470a. - Termination.
Section 36a-471. (Formerly Sec. 36-223d). - Sale of assets.
Section 36a-472. (Formerly Sec. 36-223e). - Out-of-state credit union doing business in this state.
Section 36a-472a. - No exemption from taxation.
Section 36a-476. - Compliance with federal Currency and Foreign Transactions Reporting Act.