Sec. 3. After the resolution submitting the question of dissolving the corporation shall have been adopted by the board of directors, such resolution shall be submitted to and shall be approved by the department before such resolution is submitted to a vote of the shareholders of such corporation. Upon the filing of such resolution, the department shall cause an examination to be made of the business and affairs of such corporation. If the department shall find, from such examination, that such corporation is solvent or that it has sufficient assets with which to pay all of its depositors and all of its other liabilities, it may enter an order in writing approving the dissolution of such corporation and authorizing the board of directors of such corporation to submit the question of dissolving such corporation to the shareholders, in the manner prescribed in this article. If the department shall find, from such examination, that such corporation is in an unsound or unsafe condition or has otherwise violated the provisions of IC 28-1-3.1-2, it may enter an order, in writing, disapproving of the voluntary dissolution of such corporation, and the department shall thereupon take possession of the business and property of such corporation and proceed to liquidate such corporation in the manner prescribed in and subject to the provisions of IC 28-1-3.1.
Formerly: Acts 1933, c.40, s.144. As amended by P.L.263-1985, SEC.43.
Structure Indiana Code
Title 28. Financial Institutions
Article 1. Department of Financial Institutions
Chapter 9. Voluntary Dissolution of Banks, Trust Companies, and Building and Loan Associations
28-1-9-2. Authority to Liquidate and Dissolve; Resolution; Submission to Shareholders; Vote Required
28-1-9-3. Examinations; Departmental Approval of Liquidation
28-1-9-4. Restrictions on Dividends and Business Pending Payment of Debts and Liabilities
28-1-9-5. Liquidating Agent; Appointment; Powers
28-1-9-6. Liquidating Agent; Authority
28-1-9-7. Trust and Fiduciary Property; Disposition
28-1-9-11. Unclaimed Distributive Portions
28-1-9-12. Authority to Borrow
28-1-9-13. Articles of Dissolution; Execution and Filing; Contents
28-1-9-14. Articles of Dissolution; Presentation to Department and to Secretary of State
28-1-9-15. Articles of Dissolution; Approval by Department
28-1-9-17. Certificate of Incorporators or Articles of Dissolution; Recording
28-1-9-18. Termination of Corporate Existence; Existing Liabilities