As used in this Chapter, unless the context requires otherwise:

(1)  “Articles” means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only.

(2)  “Assets” means all of a state bank’s property and rights of every kind.

(3)  “Capital” means the sum of capital stock, surplus, and undivided profits or, as to mutual state banks, as defined by La. Rev. Stat. 6:215(B).

(4)  “Capital stock” means the sum of the par value of the shares outstanding plus any amounts in excess of par value transferred from surplus to capital stock in respect of such shares less any part of such amounts transferred from capital stock to surplus as permitted by this Chapter.

(5)  “Certificate of stock” means a properly executed instrument evidencing the fact that the person therein named is the registered owner of the shares therein described.

(6)  “Fiduciary” means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate.

(7)  “Insolvency” means that the assets of a state bank are insufficient to satisfy its obligations to its creditors and depositors.

(8)  “Issued shares” means outstanding shares.

(9)  “Net assets” means the excess of assets over liabilities.

(10)  “Stockholder” means the holder of record of one or more shares.

(11)  “Shares” means the units into which the stockholders’ rights to participate in the control of the state bank, in its profits, or in the distribution of corporate assets are divided.

(12)  “Subscriber” means one who subscribes for shares in a state bank whether before or after incorporation.

(13)  “Surplus” means sums contributed by stockholders in excess of the par value of shares outstanding plus any amounts transferred from undivided profits pursuant to action by the board of directors.

(14)  “Total voting power” means the entirety of the voting power.

(15)  “Undivided profits” means paid-in or accumulated net income less distributions to stockholders and transfers to capital stock or surplus.

(16)  “Voting power” means the right vested by law or by the articles or the bylaws in the stockholder or in one or more classes of stockholder to vote in the determination of any particular question or matter coming before meetings of the stockholders.

(17)  “Voting power present” means that part of the voting power exercisable by the stockholders present in person or represented by proxy at the meeting at which the stockholders take action on a particular question or matter.

(18)  “Retained earnings” means the accumulated net income of the mutual state bank since its organization less all distributions to its members.

Acts 1984, No. 719, §1, eff. Jan. 1, 1985; Acts 1997, No. 929, §1.