Current with changes from the 2024 Legislative Session
Section 5-611 - Plan of reorganization - Proposal(a) The board of directors or the depositors representing not less than 25 percent of the deposit liability of any banking institution that is in the possession of a receiver may: (1) Propose a plan of reorganization for the reorganization and reopening of the banking institution or for the establishment of a new State banking institution, national banking association, or other corporation that they consider necessary; and(2) Choose a committee to represent them to carry out the plan.(b)(1) The plan for reorganization of a commercial bank may provide for:(i) The voluntary surrender or exchange of all or part of the outstanding capital stock of the commercial bank and the resale of that stock;(ii) The sale of additional authorized stock;(iii) The voluntary subscription or contribution by depositors and creditors to a guaranty fund; and(iv) Any other protection for the depositors and creditors.(2) The plan for reorganization of a savings bank may provide only for the voluntary subscription or contribution by depositors and creditors to a guaranty fund.