81-13-65 - Conversion from state to federal credit union and from federal to state credit union.
§ 81-13-65. Conversion from state to federal credit union and from federal to state credit union.
(1) A state credit union may be converted into a federal credit union by complying with the following requirements:
(a) The proposition for such conversion shall first be approved, and a date set for a vote thereon by the members, either at a regular meeting or a special meeting called for that purpose by a majority of the directors of the state credit union. Written notice of the proposition and of the date set for the vote shall be delivered or mailed to each member, not more than thirty (30) days nor less than seven (7) days prior to such date. Approval of the proposition for conversion shall be by the affirmative vote of a majority of the members attending said meeting.
(b) A statement of the results of the vote, verified by the affidavits of the president or vice president and the secretary, shall be filed with the Commissioner of Banking and Consumer Finance within ten (10) days after the vote is taken.
(c) Promptly after the vote is taken and in no event later than ninety (90) days thereafter, if the proposition for conversion was approved by such vote, the credit union shall take such action as may be necessary under the Federal Credit Union Act to make it a federal credit union, and within ten (10) days after receipt of the federal credit union charter there shall be filed with the commissioner a copy of the charter thus issued. Upon such filing the credit union shall cease to be a state credit union.
(d) Upon ceasing to be a state credit union, such credit union shall no longer be subject to any of the provisions of this chapter. The successor federal credit union shall be vested with all of the assets and shall continue to be responsible for all of the obligations of the state credit union to the same extent as though the conversion had not taken place.
(2) (a) A federal credit union, organized under the Federal Credit Union Act, may be converted into a state credit union by:
(i) Complying with all federal requirements requisite to enabling it to convert to a state credit union or cease being a federal credit union;
(ii) Filing with the commissioner proof of such compliance, satisfactory to the commissioner;
(iii) Filing with the Department of Banking and Consumer Finance the articles of incorporation required for state credit unions; and
(iv) Filing such other statements or proof as may from time to time be required by the commissioner.
(b) Should the commissioner determine that an audit should be made of the credit union prior to approval, he shall direct such audit and the reasonable, actual cost thereof shall be paid by the credit union.
(c) When the commissioner has been satisfied that all of such requirements have been complied with, the commissioner shall approve the charter of incorporation. Upon such approval the federal credit union shall become a state credit union as of the date it ceases to be a federal credit union. The state credit union shall be vested with all of the assets and shall continue to be responsible for all of the obligations of the federal credit union to the same extent as though the conversion had not taken place.
Sources: Codes, 1930, § 4262; 1942, § 5423; Laws, 1924, ch. 177; Laws, 1960, ch. 185, § 2; Laws, 1979, ch. 307, § 10; reenacted, 1982, ch. 304, § 35; Laws, 1987, ch. 381, § 21; Laws, 1995, ch. 374, § 34; reenacted without change, Laws, 1997, ch. 368, § 32; reenacted without change, Laws, 2001, ch. 408, § 34, eff from and after July 1, 2001.