§ 23-48-505 - Merger of state bank into an out-of-state state-chartered bank. - Arkansas Statutes

23-48-505. Merger of state bank into an out-of-state state-chartered bank.

(a) Subject to the provisions of this subchapter and provided that no Arkansas bank which is a party to the merger has a de novo charter, a state bank may merge into an out-of-state bank.

(b) The action to be taken by a merging state bank and its rights and liabilities and those of its shareholders shall be the same as those prescribed for the out-of-state state-chartered banks, at the time of the action, by the laws of the home state of the out-of-state state-chartered bank, and not by the law of this state, except that:

(1) The assenting vote of the holders of a simple majority of each class of voting stock of a state bank shall be required for the merger; and

(2) Upon the merger of a state bank into an out-of-state state-chartered bank, the stockholders of the state bank shall have dissenters' rights.

(c) The merger shall only be consummated after compliance with all applicable provisions of 23-48-901 et seq.

(d) Upon the completion of the merger, the charter of any merging state bank shall automatically terminate.