Sec. 3906.
A bank may pay or reimburse the reasonable expenses incurred by a director, officer, employee, or agent who is a party or threatened to be made a party to an action, suit, or proceeding described in section 3904 in advance of the final disposition of the action, suit, or proceeding if all of the following apply:
(a) The person furnishes the bank a written affirmation of his or her good faith belief that he or she has met the applicable standard of conduct set forth in section 3904.
(b) The person furnishes the bank a written undertaking executed personally or on his or her behalf to repay the advance if it is ultimately determined that he or she did not meet the standard of conduct. The undertaking shall be by unlimited general obligation of the person on whose behalf advances are made but need not be secured.
(c) A determination is made that the facts then known to those making the determination would not preclude indemnification under this act.
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)
276-1999-3-9 - Part 9 Administration (487.13901...487.13913)
Section 487.13901 - Repayment of Deposits.
Section 487.13902 - Compliance Review Committee.
Section 487.13903 - Surety Bond.
Section 487.13904 - Indemnification.
Section 487.13905 - Indemnification; Expenses and Amounts.
Section 487.13906 - Director, Officer, Employee, or Agent as Party to Action; Reimbursement.
Section 487.13907 - Other Rights to Indemnification or Advancement; Limitation.
Section 487.13908 - Liability Insurance or Trust Fund.
Section 487.13910 - Definitions; Person Acting in Best Interests of Bank or Shareholders.
Section 487.13912 - Attachment or Execution.
Section 487.13913 - Action Taken or Event Occurring on or Before November 29, 1995.