Sec. 315.
(1) By a vote of shareholders owning 2/3 of the stock entitled to vote of the savings bank, a savings bank may reduce its capital stock to an amount not less than that required by this act to authorize the formation of the savings bank. The reduction may be accomplished by a reduction in the par value of the existing stock or by a reduction in the number of the shares of the stock. A reduction shall not be made until the amount of the proposed reduction has been reported to and approved by the commissioner.
(2) The approval of the commissioner shall be based upon a finding by him or her that the security of existing creditors of the savings bank will not be impaired by the proposed reduction. This section does not discharge a savings bank that has decreased its capital stock from an obligation or demand that is due from the savings bank.
(3) Retirement of preferred stock under the articles of incorporation is not considered to be a reduction of capital under this section.
(4) A shareholder is not entitled to a distribution of cash or other assets by reason of a reduction of the capital of a savings bank unless the distribution has been approved by the commissioner and by the affirmative vote of at least 2/3 of the shares of each class of stock outstanding, voting as classes.
History: 1996, Act 354, Imd. Eff. July 1, 1996
Structure Michigan Compiled Laws
Chapter 487 - Financial Institutions
Act 354 of 1996 - Savings Bank Act (487.3101 - 487.3804)
354-1996-3 - Chapter 3 Corporate Structure (487.3301...487.3339)
Section 487.3301 - Corporation; Formation; Purpose.
Section 487.3303 - Organization of Savings Bank to Serve Depository Institutions; Application.
Section 487.3304 - Organizational Expenses; Reimbursement; Review.
Section 487.3305 - Articles of Incorporation.
Section 487.3308 - Stock Savings Bank; Stock Issuance.
Section 487.3309 - Mutual Savings Bank; Membership.
Section 487.3310 - Issuance of Capital Notes, Debentures, and Other Indebtedness.
Section 487.3311 - Applicability of Provisions to Voting Stock.
Section 487.3312 - Issuance of Stock by Mutual Savings Bank; Conversion.
Section 487.3313 - Issuance of Certificates of Stock by Savings Bank.
Section 487.3314 - Increase in Capital Stock.
Section 487.3315 - Reduction in Capital Stock.
Section 487.3316 - Declaration and Payment of Dividends.
Section 487.3317 - Mutual Savings Bank; Meetings.
Section 487.3319 - Savings Bank; Meetings; Voting.
Section 487.3320 - Savings Bank; Meeting Notice.
Section 487.3324 - Purchase or Sale of Securities by Director; Conditions.
Section 487.3326 - Indemnification of Party.
Section 487.3327 - Indemnification of Director, Officer, Employee, or Agent.
Section 487.3329 - Rights to Indemnification.
Section 487.3330 - Insurance; Trust Fund.
Section 487.3331 - Articles of Incorporation; Amendment.
Section 487.3332 - Definitions; Best Interests of Savings Bank, Shareholders, or Members.
Section 487.3335 - Savings Bank; Expiration of Term by Limitation; Extension; Renewal.
Section 487.3337 - Sale or Purchase of Branches; Notice.
Section 487.3338 - Unlimited Amounts or Share of Deposits.
Section 487.3339 - Compliance Review Committee; Construction of Section.