Sec. 9. The department shall prescribe procedures for mutual bank conversions. The procedures prescribed by the department must include the following:

(1) The savings association shall prepare and submit a plan of mutual bank conversion to the department that provides the terms and conditions of the mutual bank conversion as required by the department. However, if the plan of mutual bank conversion complies with the requirements of the primary federal regulator, the plan shall be considered adequate.

Terms Used In Indiana Code 28-1-21.7-9

  • department: means the department of financial institutions and, if applicable, the department's authorized delegate. See Indiana Code 28-1-21.7-1
  • mutual bank: means a mutual savings bank governed by Indiana Code 28-1-21.7-3
  • mutual bank conversion: means the conversion of a savings association to a mutual bank. See Indiana Code 28-1-21.7-4
  • primary federal regulator: means the federal agency primarily responsible for the regulation of:

    Indiana Code 28-1-21.7-5.1

  • savings association: means an institution (as defined in 12 U. See Indiana Code 28-1-21.7-6
  • voting parties: means a mutual savings association's depositors or members. See Indiana Code 28-1-21.7-7
(2) The plan of mutual bank conversion must be adopted by not less than a majority of the board of directors of the savings association.

(3) Upon approval of a plan of mutual bank conversion by the board of directors of the savings association, the plan of mutual bank conversion and a certified copy of the resolution of the board of directors approving the plan of mutual bank conversion shall be submitted to the department for approval.

(4) The plan of mutual bank conversion shall be conditioned upon the approval of not less than a majority of the total number of votes cast at a regular or special meeting of the voting parties. The method used to notify the voting parties of the meeting held to consider a plan of mutual bank conversion must be approved by the director of the department. The director may require the converting savings association to provide the voting parties with information regarding the plan of mutual bank conversion.

(5) The savings association shall provide to the department the additional relevant information requested by the department in connection with the plan of mutual bank conversion.

As added by P.L.147-1990, SEC.3. Amended by P.L.33-1991, SEC.21; P.L.42-1993, SEC.40; P.L.122-1994, SEC.84; P.L.27-2012, SEC.64.