Sec. 10. (a) A savings bank may request that the department order the savings bank to merge, consolidate, or otherwise join with an acquiring institution that is a national banking association.
(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 is not required for a merger, consolidation, or joining together under this section.
(e) A savings bank and an acquiring institution may not merge, consolidate, or join together under this section if they are located in different counties.
(f) When two (2) or more institutions merge, consolidate, or join together under this section, the resulting institution may maintain as a branch office any principal or branch office of the institution or institutions with which it merged, consolidated, or joined together.
(g) 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.4.
Structure Indiana Code
Title 28. Financial Institutions
Article 3. Liquidation, Reorganization, and Merger
Chapter 2. Merger─state Banks and National Associations
28-3-2-1. Authority to Convert, Merge, or Consolidate
28-3-2-2. Plan of Conversion, Merger, or Consolidation; Required Approvals
28-3-2-3. Shareholders' Meeting; Completion of Conversion, Merger, or Consolidation
28-3-2-5. Effect of Conversion, Merger, or Consolidation on Obligations of State Bank
28-3-2-7. Effect of Conversion, Merger, or Consolidation on Fiduciary Relations of State Bank