Sec. 5. The agreement of merger shall be submitted to a vote of the shareholders of each corporation, at the meeting directed by the resolution of the board of directors of each corporation, and the agreement shall be adopted by each corporation upon receiving the affirmative votes of the holders of a majority of the outstanding shares of the capital stock of the corporation. A mutual savings association or mutual savings bank shall adopt the agreement upon receiving the affirmative vote of fifty-one percent (51%) or more of the votes cast at the meeting called to consider such agreement of merger.
Formerly: Acts 1933, c.40, s.118; Acts 1959, c.348, s.1. As amended by P.L.122-1994, SEC.46; P.L.79-1998, SEC.37; P.L.90-2008, SEC.22.
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