215.56 Voluntary liquidation of a mutual association.
(1) Procedure for voluntary liquidation.
(a) A mutual association may go into liquidation by a majority vote of the dollar value of the outstanding savings accounts at a members' meeting held especially for that purpose, after 30 days' notice to each saver.
(b) When an association has voted to liquidate, the board shall cause notice of this fact to be:
1. Certified to the division under the seal of the association by its president and secretary;
2. Published as a class 3 notice, under ch. 985, in each county in which an office of the association is located, calling on all persons who have claims against the association to present them to the association and make proof thereof at a specified place and time; and
3. Mailed to all persons who appear as creditors on its books.
(2) Period of liquidation. A mutual association so liquidating shall dispose of all its assets within 10 years from the date of liquidation, unless the division orders otherwise.
(3) Status of board of directors. The board shall remain a body corporate until the association is fully liquidated.
(4) Filling vacancies on board of directors. In case of a vacancy on the board, the remaining directors may fill the vacancy by electing a director from the association's savers.
(5) Applicability of other sections. Any association so liquidating shall be subject to ss. 215.02 (16) and 215.03 the same as an association in actual operation.
(6) Resumption of business. Any mutual association in liquidation may with the approval of the division resume business upon conditions approved by the division.
(7) Disposition of funds.
(a) Unclaimed liquidating dividends and all funds remaining unpaid in the hands of the association or its board of directors at or immediately prior to the date of final distribution, together with all final liquidating costs, shall be delivered by them to the division to be deposited by the division in one or more state banks, state savings banks or state-chartered savings and loan associations, to the credit of the division, in trust for the various members and creditors entitled thereto. The division shall include in the annual report under s. 215.02 (11) the names of the associations so liquidated and the sums of unclaimed and unpaid liquidating dividends and unclaimed funds with respect to each of them respectively, including a statement of interest or dividends earned upon the funds.
(b) The division may:
1. Pay the moneys so held to the persons respectively entitled thereto, upon being furnished satisfactory evidence of their right to the same.
2. In case of doubt or conflicting claims, require an order of the circuit court authorizing and directing the payment of such moneys.
3. Apply the interest and dividends earned by the moneys so held toward defraying the expenses of the division.
(8) Reserved authority. This section shall not prohibit the division from proceeding against any association as provided in s. 215.32.
History: 1971 c. 164; 1975 c. 359 s. 45; 1975 c. 421; Stats. 1975 s. 215.56; 1983 a. 167, 524, 538; 1991 a. 221; 1995 a. 27.
Cross-reference: See ch. 177 for disposition of unclaimed funds.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 215 - Savings and loan associations.
215.02 - Powers of the division.
215.03 - Supervision and control of associations.
215.11 - Surety bond of association's officers, directors and employees.
215.12 - Penalty for dishonest acts; falsification of records.
215.13 - Powers of savings and loan associations.
215.135 - Additional authority.
215.137 - Savings promotion prize programs.
215.141 - Financially related services tie-ins.
215.15 - Evidence of ownership of savings accounts.
215.16 - Savings account earnings.
215.17 - Withdrawal of savings accounts.
215.18 - Closing of savings accounts.
215.19 - Loans on savings accounts.
215.20 - Property improvement loans.
215.205 - Other loans and investments.
215.215 - Nonconforming loans.
215.22 - Real estate owned by association.
215.23 - Limitations on investments in office buildings and related facilities.
215.25 - Annual audit requirement.
215.26 - Miscellaneous provisions.
215.32 - Possession by division; involuntary liquidation.
215.33 - Foreign associations.
215.35 - Conversion; or absorption; waiver.
215.36 - Interstate acquisition and merger of associations.
215.40 - Incorporation of a mutual savings and loan association.
215.41 - Articles of incorporation for mutual associations.
215.42 - Bylaws of mutual associations.
215.43 - Members and voting rights in a mutual association.
215.50 - Directors of a mutual association.
215.51 - Officers of a mutual association.
215.512 - Definitions applicable to indemnification and insurance provisions.
215.513 - Mandatory indemnification.
215.514 - Determination of right to indemnification.
215.515 - Allowance of expenses as incurred.
215.516 - Mutual association may limit indemnification.
215.517 - Additional rights to indemnification and allowance of expenses.
215.518 - Court-ordered indemnification.
215.519 - Indemnification and allowance of expenses of employees and agents.
215.523 - Reliance by directors or officers.
215.524 - Consideration of interests in addition to members' interests.
215.525 - Limited liability of directors and officers.
215.528 - General operation of a mutual association.
215.53 - Absorption involving mutual associations.
215.56 - Voluntary liquidation of a mutual association.
215.57 - Jurisdictional conversion of mutual associations.
215.58 - Organizational conversion from mutual to stock form.
215.59 - Mutual savings and loan holding companies.
215.60 - Incorporation of a capital stock savings and loan association.
215.61 - Articles of incorporation for capital stock associations.
215.62 - Bylaws of stock associations.
215.64 - Control of association by holding company.
215.70 - Directors of a stock association.
215.71 - Officers of stock association.
215.72 - General operations of a stock association.
215.73 - Absorption involving stock associations.
215.76 - Voluntary liquidation of a stock association.
215.77 - Jurisdictional conversion of capital stock associations.