(205 ILCS 205/8011) (from Ch. 17, par. 7308-11)
Sec. 8011.
Authority to form a bridge charter.
(a) Any savings bank operating in Illinois under this Act may
form a bridge, vehicle, or other interim
charter as a means to effect a corporate restructuring,
a voluntary corporate change, or other transformation that does not
in reality create an additional new depository institution, but
that shall move insured liabilities from one depository institution
to another pursuant to a change in control, change in method of
ownership, merger, or other charter change that results in no new
net insurable deposits. That charter or institution shall be
known as an interim, vehicle, bridge, or pass-through charter
or institution and may become or receive the continuing or
surviving depository institution or may be a conduit through which
an existing depository institution's assets, liabilities, fixtures, personnel,
rights, and property of every type are passed in order to effect
a desirable corporate change. In connection with the formation of
that type of institution, an existing depository institution may amend,
modify, or add to its articles of incorporation and bylaws to remove any
depository function and to remove any deposits that would require insurance
of accounts under Section 1005 of this Act.
(b) Application to form an entity under authority of this
Section shall be made on forms to be prescribed by the
Commissioner. The Commissioner may issue rules and regulations to
govern the formation of, and the standards and supervisory
considerations to be applied to, the charters.
(c) If a savings bank operating under this Act desires to
apply for a permit to organize a new depository institution in order to
facilitate or effect a corporate restructuring, to alter or
relocate the depository institution's ownership, to effect a merger, sale or
purchase of assets or in order to facilitate conversion to another
charter, the Commissioner shall require the filing of an
application to create a transitional charter.
(d) The application shall contain the following:
(1) The names and addresses of the organizers with |
| information as required by Article 3.
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(2) Any accompanying filings required by other
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(3) A statement from the applicant's certified public
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| accountant describing and analyzing the method to effect the transaction.
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(4) A 5-year plan for the resulting depository
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| institution and for any corporate remnant of the original depository institution regarding the disposition, acquisition, or expansion of assets; capital enhancement; disposition of earnings and profits; and geographic or other expansion or contraction.
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(5) The purpose of the new entity with documentation
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| as required by the Commissioner.
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(6) Whether the core base deposits will be expanded
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| in a manner that would require increased insurance of accounts together with details for the appropriate filings.
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(7) Ownership structure including any contemplated
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| sales of stock of subsidiaries, affiliates, or parent companies, as well as of the savings bank.
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(8) Articles of incorporation and bylaws of the
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| original, interim, and resulting institutions.
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(Source: P.A. 86-1213.)
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