Sec. 3708.
(1) Upon the affirmative vote of the shareholders representing more than 50% of the total number of shares of each class of its outstanding capital stock, a bank may be converted under the laws of this state into a stock association or stock savings bank or under the laws of the United States into a national banking association. The conversion of a bank into a stock association, stock savings bank, or national banking association shall not release the bank from its obligations to pay and discharge either of the following:
(a) All the liabilities created by law or incurred by the bank before becoming a stock association, stock savings bank, or a national banking association.
(b) Any tax imposed by this state up to the date of its becoming a stock association, stock savings bank, or national banking association in proportion to the time that has elapsed since the last preceding payment or assessment, penalty, or forfeiture imposed or incurred up to the date of its becoming a stock association, stock savings bank, or a national banking association.
(2) A conversion shall not be made to defeat or defraud any of the creditors of the bank.
(3) A certified copy of all resolutions relating to the proposed conversion adopted by the directors and shareholders of the bank shall be submitted to the bureau. If consent or approval is required by federal law, the bank shall provide the bureau with a certified copy of consent or approval of the appropriate federal regulator to the conversion.
History: 1999, Act 276, Eff. Mar. 1, 2000
Structure Michigan Compiled Laws
Chapter 487 - Financial Institutions
Act 276 of 1999 - Banking Code of 1999 (487.11101 - 487.15105)
276-1999-3 - Chapter 3 Bank Organization and Structure (487.13101...487.13913)
276-1999-3-7 - Part 7 Consolidation and Conversion (487.13701...487.13714)
Section 487.13701 - Consolidated Bank; Formation.
Section 487.13702 - Consolidated Organization.
Section 487.13703 - Consolidated Bank; Rights, Privileges, and Powers.
Section 487.13704 - Service of Process.
Section 487.13705 - Notice of Operation.
Section 487.13706 - Definitions; Applicable Provisions.
Section 487.13707 - Definitions; Consolidation Agreement; Approval of Terms and Conditions.
Section 487.13709 - Conversion of Depository Institution.
Section 487.13710 - Effect of Conversion.
Section 487.13711 - Branch Services.
Section 487.13712 - Discontinuing Branch Operations; Transfer of Functions to Principal Office.
Section 487.13713 - Principal Office; Relocation.
Section 487.13714 - Branch Office in Foreign Country; Applicable Provisions.