2011 US Code
Title 12 - Banks and Banking
Chapter 23 - FARM CREDIT SYSTEM (§§ 2001 - 2279cc)
Subchapter VII - RESTRUCTURING OF SYSTEM INSTITUTIONS (§§ 2279a - 2279g)
Part D - Mergers of Like Entities (§§ 2279f - 2279f-1)
Section 2279f - Merger of similar banks
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 12 - BANKS AND BANKING |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 12 - BANKS AND BANKING CHAPTER 23 - FARM CREDIT SYSTEM SUBCHAPTER VII - RESTRUCTURING OF SYSTEM INSTITUTIONS Part D - Mergers of Like Entities Sec. 2279f - Merger of similar banks |
Contains | section 2279f |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 92-181, title VII, §7.12, as added Pub. L. 100-233, title IV, §416, Jan. 6, 1988, 101 Stat. 1652; <!-- PDFPage:1367 -->amended Pub. L. 100-399, title IV, §408(q), (r), Aug. 17, 1988, 102 Stat. 1002, 1003. |
Statutes at Large References | 101 Stat. 1652 102 Stat. 1002 |
Public Law References | Public Law 92-181, Public Law 100-233, Public Law 100-399 |
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Banks organized or operating under this chapter may merge with banks in other districts operating under the same subchapter if the plan of merger is approved by—
(1) the Farm Credit Administration Board;
(2) the respective Boards of Directors of the banks involved;
(3) a majority vote of the stockholders of each bank voting, in person or by proxy, at a duly authorized stockholders’ meeting, with each association having a number of votes equal to the number of such association's voting stockholders; and
(4) in the case of a bank for cooperatives, a majority of the total equity interests in such merging bank for cooperatives (including allocated, but not unallocated, surplus and reserves) held by those stockholders or subscribers to the guaranty fund of the bank voting.
(b) Powers and capitalizationSections 2279a–2 and 2279a–3 of this title shall apply to banks merged under this section.
(c) Board of directors (1) In generalAfter a merger under subsection (a) of this section, a board of directors shall be created for the resulting bank.
(2) CompositionThe board shall be composed of—
(A) two directors elected by each of the bank boards, with at least one such director from each bank being elected by the eligible stockholders of, or subscribers to, the guaranty fund of the merging banks; and
(B) one outside director elected by the directors elected under subparagraph (A).
(3) Outside director (A) QualificationsThe outside director elected under paragraph (2)(B) shall be experienced in financial services and credit, and within the 2-year period prior to such election, shall not have been a borrower from, shareholder in, or director, officer, employee, or agent of any institution of the Farm Credit System.
(B) Failure to electIf the other members of the board fail to elect an outside director, the Farm Credit Administration Board shall appoint a qualified person to serve on the board of directors until such member is so elected.
(4) BylawsNotwithstanding paragraph (2), the bylaws of the merged bank may, with the approval of the Farm Credit Administration, provide for a different number of directors to be selected in a different manner, except that the bylaws shall provide for at least one outside director.
(Pub. L. 92–181, title VII, §7.12, as added Pub. L. 100–233, title IV, §416, Jan. 6, 1988, 101 Stat. 1652; amended Pub. L. 100–399, title IV, §408(q), (r), Aug. 17, 1988, 102 Stat. 1002, 1003.)
Amendments1988—Subsec. (b). Pub. L. 100–399, §408(q), substituted “Powers and capitalization” for “Procedures” in heading and, in amending text generally, substituted “Sections 2279a–2 and 2279a–3 of this title” for “The provisions of sections 2279a–2 through 2279a–4 of this title”.
Subsec. (c)(2)(B). Pub. L. 100–399, §408(r), substituted “directors” for “members”.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.
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