Sec. 328.
A savings 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 this section in advance of the final disposition of the action, suit, or proceeding if all of the following apply:
(a) The person furnishes the savings 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 this section.
(b) The person furnishes the savings 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: 1996, Act 354, Imd. Eff. July 1, 1996 ;-- Am. 2000, Act 482, Imd. Eff. Jan. 11, 2001
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.