Section 28-6.2-4-3 - Required provisionsThe articles of reorganization of a mutual holding company must provide the following:
(1) On the effective date of reorganization or acquisition: (A) the owners of deposit accounts and borrowers in the resulting or acquiree savings bank become members of the mutual holding company; and(B) the membership rights of the owners and borrowers in the mutual savings bank end and their membership rights in the mutual holding company begin.(2) A person becomes a member of a mutual holding company by:(A) owning a deposit account in a mutual savings bank that is a subsidiary of the mutual holding company; or(B) borrowing from a mutual savings bank that is a subsidiary of the mutual holding company.(3) A member of a mutual holding company has one (1) vote for each one hundred dollars ($100) or additional fraction of one hundred dollars ($100) of the combined withdrawal value of the member's deposit accounts in a subsidiary mutual savings bank of the mutual holding company. Each borrowing member is entitled to cast one (1) vote as a borrower.(4) Members of a mutual holding company may vote in person or by proxy at any meeting. A proxy must be in writing and signed by the member or the member's authorized representative. Unless specified in the proxy, a proxy filed with the secretary shall continue in force until revoked by a written notice to the secretary or superseded by another proxy. Except as a proxy, a person may not cast more than fifty (50) votes at any meeting of the members unless a greater number of votes is authorized by the articles of reorganization.(5) A quorum of members at a regular or special meeting shall be comprised of any number of eligible members voting in person or by proxy.As added by P.L. 122-1994, SEC.101.