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286.6-710 Merger of credit union.
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Any credit union may, with the approval of the commissioner, merge with
another credit union under the existing charter of the other credit union,
pursuant to any plan agreed upon by the majority of each board of directors of
each credit union joining in the merger, approved by the affirmative vote of a
majority of the members of the merging credit union present at a meeting of its
members duly called for such purpose, and consented to by any government
agency or other organization insuring the accounts of the credit union.
The commissioner may approve a merger according to the plan agreed upon
by the majority of the board of directors of each credit union if approved by less
than a majority of the entire membership, as provided in this section, if the
commissioner finds upon the written and verified application filed by the board
of directors that:
(a) Notice of the meeting called to consider the merger was mailed to each
member entitled to vote upon the question;
(b) Such notice disclosed the purpose of the meeting and properly informed
the membership that approval of the merger might be sought pursuant to
this section; and
(c) A majority of the votes cast upon the question were in favor of the
merger.
After agreement by the directors and approval by the members of the merging
credit union, the president and secretary of the credit union shall execute a
certificate of merger, which shall set forth all of the following:
(a) The time and place of the meeting of the board of directors at which the
plan was agreed upon;
(b) The vote in favor of the adoption of the plan;
(c) A copy of the resolution or other action by which the plan was agreed
upon;
(d) The time and place of the meeting of the members at which the plan
agreed upon was approved; and
(e) The vote by which the plan was approved by the members.
Such certificate and a copy of the plan of merger agreed upon shall be
forwarded to the commissioner, certified by him, and returned to both credit
unions within thirty (30) days.
Upon return of the certificate from the commissioner, all property, property
rights, and members' interest of the merged credit union shall vest in the
surviving credit union without deed, endorsement or other instrument of
transfer; and all debts, obligations and liabilities of the merged credit union
shall be deemed to have been assumed by the surviving credit union under
whose charter the merger was effected. The rights and privileges of the
members of the merged credit union shall remain intact.
This section shall be construed, whenever possible, to permit a credit union
organized under any other act to merge with one (1) incorporated under this
subtitle, or to permit any credit union incorporated under this subtitle to merge
with one (1) organized under any other act.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 744, effective July 15, 2010. -Created 1984 Ky. Acts ch. 202, sec. 3, effective July 13, 1984.
Formerly codified as KRS 290.710.
Legislative Research Commission Note (7/12/2006). In accordance with 2006
Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a
section of the Kentucky Financial Services Code, KRS Chapter 286, and KRS
references within this statute have been adjusted to conform with the 2006
renumbering of that code.
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