Sec. 25. (a) A savings bank organized before January 1, 1993, may request that the department order the savings bank to merge, consolidate, or join with an acquiring institution that is a bank, bank of discount and deposit, savings bank formed after December 31, 1992, savings association, or trust company.
(b) A savings bank may make a request under subsection (a) only if its board of trustees has, at a regular or special meeting called for that purpose, by a vote of at least two-thirds (2/3) of the then qualified and acting trustees, adopted a resolution stating that in the opinion of the board, the merger, consolidation, or other joining together is in the best interests of the depositors and other creditors of the savings bank.
(c) The department may order a merger, consolidation, or other joining requested under subsection (a) if it determines that:
(1) the depositors of the savings bank would not receive any liquidating dividend upon the dissolution of the savings bank; and
(2) the acquiring institution is willing to be the surviving corporation.
(d) The approval of the depositors of a savings bank organized before January 1, 1993, is not required for a merger, consolidation, or joining together under this section.
(e) To facilitate a merger, consolidation, or joining together under this section, the department may convert the charter, form of ownership, or operating powers of a savings bank into the charter, form of ownership, or operating powers of the acquiring institution.
As added by P.L.263-1983, SEC.2. Amended by P.L.122-1994, SEC.59; P.L.79-1998, SEC.39.
Structure Indiana Code
Title 28. Financial Institutions
Article 1. Department of Financial Institutions
Chapter 7. Merger and Consolidation of Banks, Trust Companies, and Building and Loan Associations
28-1-7-0.5. Approval of Department Not Required
28-1-7-2. Manner of Effecting Merger
28-1-7-3. Resolution of Approving Agreement; Direction for Submission to Vote of Shareholders
28-1-7-5. Submission of Merger Agreement; Vote Required
28-1-7-6. Notice of Adoption of Agreement and Approval by Department
28-1-7-8. Execution of Merger Agreement; Administrative Approval; Abandonment of Planned Merger
28-1-7-9. Execution and Filing Articles of Merger
28-1-7-10. Articles of Merger; Approval by Secretary of State; Issuance of Certificate of Merger
28-1-7-11. Consolidation; Resolution Approving Joint Agreements; Contents
28-1-7-13. Shareholders' Votes on Consolidation Agreements
28-1-7-15. Execution of Agreement
28-1-7-16. Execution and Filing Articles of Consolidation
28-1-7-18. Effective Date of Merger or Consolidation
28-1-7-20. Recording Articles of Merger or Consolidation
28-1-7-22. Effect of Merger or Consolidation Upon Fiduciary Status of Party
28-1-7-23. Effect of Merger or Consolidation Upon Letters of Administration or Letters Testamentary