Section 1306 - Redemption and acquisition of redeemable shares; statement of reduction of authorized shares(a) Unless otherwise provided in its articles, an institution may by resolution of its board of directors and with the prior approval of the department redeem or otherwise acquire shares subject to redemption if immediately after the redemption or other acquisition surplus would be at least equal to the amount of capital. In determining whether or not to give its approval under this subsection (a), the department shall give primary consideration to the question whether or not, after the cancellation of the shares, the capital accounts of the institution would be adequate to support its anticipated deposit volume. The provisions of this section do not restrict or otherwise affect the power of an institution with prior approval of the department to purchase (subject to the requirements of this act as to capital and surplus), hold and own its shares other than shares subject to redemption.(b) Shares subject to redemption which are redeemed or otherwise acquired shall be canceled and shall not be reissued. Immediately upon the redemption or other acquisition, the institution shall deliver to the department a statement of reduction of authorized shares which shall be signed by two duly authorized officers and shall set forth: (i) the aggregate number of shares of each class which the institution had authority to issue and the number of issued shares of each class,(ii) the number of shares of each class subject to redemption which have been canceled,(iii) the aggregate number of shares of each class which the institution has authority to issue after giving effect to the reduction made by such cancellation, and(iv) the provisions of the articles of the institution which are to be changed by reason of the reduction of authorized shares. If the Department of Banking finds that the statement conforms to law it shall deliver the statement with its written approval to the Department of State for filing. Receipt thereof by the Department of State shall have the effect of amending the articles of the institution to the extent of the changes set forth in the statement. The Department of State shall make and retain a copy of the statement and shall send the approved statement to the institution.
Amended by P.L. 1336 2012 No. 170, § 41, eff. 12/23/2012.1965, Nov. 30, P.L. 847, No. 356, § 1306. Amended 1980, May 21, P.L. 173, No. 51, § 10, imd. effective; 1986, Dec. 18, P.L. 1702, No. 205, § 10, effective in 60 days.