Sec. 4. A stock issuance plan must do the following:

(1) Describe all significant terms of the proposed stock issuance and include:

(A) any proposed stock order form; and

(B) any agreement or other document defining or limiting the rights of stockholders.

(2) Provide that the aggregate outstanding voting common stock owned or controlled by persons other than the mutual holding company at the close of the issuance must be less than fifty percent (50%) of the total number of shares of outstanding voting common stock. This provision may be omitted if the issuance will be conducted by a savings bank that was in the stock form when acquired by its mutual holding company parent if the savings bank is not a resulting savings bank or an acquiree savings bank. Any stock that has no present or contingent voting rights may be issued by a savings bank subsidiary of a mutual holding company to persons other than the savings bank’s mutual holding company, consistent with applicable law.

As added by P.L.122-1994, SEC.101.