To be effective, a
merger which is to result in a state bank must be approved by the
stockholders of each merging state bank by a vote of two-thirds
of the outstanding voting stock of each class at a meeting called
to consider such action, which vote shall constitute the adoption
of the charter and bylaws of the resulting state bank, including
the amendments in the merger agreement.
Unless waived in writing, notice of the meeting of
stockholders shall be given by publication in a newspaper of
general circulation in the place where the principal office of
each merging state bank is located, at least once each week for
four successive weeks, and by mail, at least fifteen days before
the date of the meeting, to each stockholder of record of each
merging state bank at his or her address on the books of his or
her bank; no notice of publication need be given if written
waivers are received from the holders of two-thirds of the
outstanding shares of each class of stock. The notice shall
state that dissenting stockholders will be entitled to payment of
the value of only those shares which are voted against approval
of the plan.
[2011 c 336 § 749; 1955 c 33 § 30.49.050. Prior: 1953 c 234 § 5.]