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12 U.S.C. § 75Legal holiday, annual meeting on; proceedings where no election held on proper day

submitted 67 years ago by Pub. L. 86-230 to r/title-12-BANKS-AND-BANKING · 132 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a bank's yearly shareholder meeting date falls on a legal holiday, the meeting and director election move to the next banking day. If the election still doesn't happen on time, it can be rescheduled within 60 days, set either by the board or by shareholders holding two-thirds of the shares, with at least 10 days' mailed notice.

This section covers what happens when a national bank's annual shareholders' meeting can't happen on its normal scheduled day. - If the bylaws set a meeting day that turns out to be a legal holiday in the bank's state, the meeting and the director election both move to the next banking day. - If, for any reason, the election of directors still doesn't happen — either on the originally fixed day or on the next banking day after a holiday — the bank gets a second chance. An election may be held on any later day, as long as it falls within 60 days of the original fixed day. - That makeup date is set by the board of directors. But if the board fails to set one, shareholders who together own two-thirds of the shares can set it instead. - Either way, shareholders must get at least ten days' notice of the makeup election, sent by first-class mail.
the actual law source: uscode.house.gov ↗public domain

When the day fixed in the bylaws for the regular annual meeting of the shareholders falls on a legal holiday in the State in which the bank is located, the shareholders meeting shall be held, and the directors elected, on the next following banking day. If, from any cause, an election of directors is not made on the day fixed, or in the event of a legal holiday, on the next following banking day, an election may be held on any subsequent day within sixty days of the day fixed, to be designated by the board of directors, or, if the directors fail to fix the day, by shareholders representing two-thirds of the shares, at least ten days’ notice thereof in all cases having been given by first-class mail to the shareholders.

Source credit: (R.S. § 5149; Pub. L. 86–230, § 9, Sept. 8, 1959, 73 Stat. 457; Pub. L. 88–232, § 2, Dec. 23, 1963, 77 Stat. 472.)

history & why it existsrecord from the source credit
  • 1959Enacted · Pub. L. 86-230 · 73 Stat. 457
  • 1963Amended · Pub. L. 88-232 · 77 Stat. 472

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-230 on 1959-09-08.

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