362.048. 1. The board of directors of any bank or trust company mayadopt emergency bylaws, subject to repeal or change by action of thestockholders or directors as may be provided in the articles of agreement,which shall, notwithstanding any different provision elsewhere in thischapter or in the articles of agreement or bylaws, be operative during anyemergency resulting from an attack on the United States or any nuclear oratomic disaster, or during an emergency authorized under section 44.100,RSMo. As soon as practicable, the board of directors or president of thefinancial institution shall notify the director of finance of theimplementation of emergency bylaws and the status of the financialinstitution's operations and emergency response. The emergency bylaws maymake any provision that may be practical and necessary for thecircumstances of the emergency, including provisions that:
(1) A meeting of the board of directors may be called by any officeror director in such manner and under such conditions as shall be prescribedin the emergency bylaws;
(2) The director or directors in attendance at the meeting, or anygreater number fixed by the emergency bylaws, shall constitute a quorum;and
(3) The officers or other persons designated on a list approved bythe board of directors before the emergency, all in such order of priorityand subject to such conditions and for such period of time (not longer thanreasonably necessary after the termination of the emergency) as may beprovided in the emergency bylaws or in the resolution approving the list,shall, to the extent required to provide a quorum at any meeting of theboard of directors, be deemed directors for such meeting.
2. The board of directors, either before or during any suchemergency, may provide, and from time to time modify, lines of successionin the event that during such an emergency any or all officers or agents ofthe corporation shall for any reason be rendered incapable of dischargingtheir duties.
3. The board of directors, either before or during any suchemergency, may, effective in the emergency, change the office or designateseveral alternative officers, or authorize the officers so to do.
4. No officer, director, or employee acting in accordance with anyemergency bylaws shall be liable except for willful misconduct.
5. To the extent not inconsistent with any emergency bylaws soadopted, the bylaws of the bank or trust company shall remain in effectduring any emergency and upon its termination the emergency bylaws shallcease to be operative.
6. Unless otherwise provided in emergency bylaws, notice of anymeeting of the board of directors during such an emergency may be givenonly to such of the directors as it may be feasible to reach at the timeand by such means as may be feasible at the time, including publication orradio.
7. To the extent required to constitute a quorum at any meeting ofthe board of directors during such an emergency, the officers of the bankor trust company who are present shall, unless otherwise provided inemergency bylaws, be deemed, in order of rank and within the same rank inorder of seniority, directors for such meeting.
362.048. 1. The board of directors of any bank or trust company mayadopt emergency bylaws, subject to repeal or change by action of thestockholders or directors as may be provided in the articles of agreement,which shall, notwithstanding any different provision elsewhere in thischapter or in the articles of agreement or bylaws, be operative during anyemergency resulting from an attack on the United States or any nuclear oratomic disaster, or during an emergency authorized under section 44.100,RSMo. As soon as practicable, the board of directors or president of thefinancial institution shall notify the director of finance of theimplementation of emergency bylaws and the status of the financialinstitution's operations and emergency response. The emergency bylaws maymake any provision that may be practical and necessary for thecircumstances of the emergency, including provisions that:
(1) A meeting of the board of directors may be called by any officeror director in such manner and under such conditions as shall be prescribedin the emergency bylaws;
(2) The director or directors in attendance at the meeting, or anygreater number fixed by the emergency bylaws, shall constitute a quorum;and
(3) The officers or other persons designated on a list approved bythe board of directors before the emergency, all in such order of priorityand subject to such conditions and for such period of time (not longer thanreasonably necessary after the termination of the emergency) as may beprovided in the emergency bylaws or in the resolution approving the list,shall, to the extent required to provide a quorum at any meeting of theboard of directors, be deemed directors for such meeting.
2. The board of directors, either before or during any suchemergency, may provide, and from time to time modify, lines of successionin the event that during such an emergency any or all officers or agents ofthe corporation shall for any reason be rendered incapable of dischargingtheir duties.
3. The board of directors, either before or during any suchemergency, may, effective in the emergency, change the office or designateseveral alternative officers, or authorize the officers so to do.
4. No officer, director, or employee acting in accordance with anyemergency bylaws shall be liable except for willful misconduct.
5. To the extent not inconsistent with any emergency bylaws soadopted, the bylaws of the bank or trust company shall remain in effectduring any emergency and upon its termination the emergency bylaws shallcease to be operative.
6. Unless otherwise provided in emergency bylaws, notice of anymeeting of the board of directors during such an emergency may be givenonly to such of the directors as it may be feasible to reach at the timeand by such means as may be feasible at the time, including publication orradio.
7. To the extent required to constitute a quorum at any meeting ofthe board of directors during such an emergency, the officers of the bankor trust company who are present shall, unless otherwise provided inemergency bylaws, be deemed, in order of rank and within the same rank inorder of seniority, directors for such meeting.
362.048. 1. The board of directors of any bank or trust company mayadopt emergency bylaws, subject to repeal or change by action of thestockholders or directors as may be provided in the articles of agreement,which shall, notwithstanding any different provision elsewhere in thischapter or in the articles of agreement or bylaws, be operative during anyemergency resulting from an attack on the United States or any nuclear oratomic disaster, or during an emergency authorized under section 44.100,RSMo. As soon as practicable, the board of directors or president of thefinancial institution shall notify the director of finance of theimplementation of emergency bylaws and the status of the financialinstitution's operations and emergency response. The emergency bylaws maymake any provision that may be practical and necessary for thecircumstances of the emergency, including provisions that:
(1) A meeting of the board of directors may be called by any officeror director in such manner and under such conditions as shall be prescribedin the emergency bylaws;
(2) The director or directors in attendance at the meeting, or anygreater number fixed by the emergency bylaws, shall constitute a quorum;and
(3) The officers or other persons designated on a list approved bythe board of directors before the emergency, all in such order of priorityand subject to such conditions and for such period of time (not longer thanreasonably necessary after the termination of the emergency) as may beprovided in the emergency bylaws or in the resolution approving the list,shall, to the extent required to provide a quorum at any meeting of theboard of directors, be deemed directors for such meeting.
2. The board of directors, either before or during any suchemergency, may provide, and from time to time modify, lines of successionin the event that during such an emergency any or all officers or agents ofthe corporation shall for any reason be rendered incapable of dischargingtheir duties.
3. The board of directors, either before or during any suchemergency, may, effective in the emergency, change the office or designateseveral alternative officers, or authorize the officers so to do.
4. No officer, director, or employee acting in accordance with anyemergency bylaws shall be liable except for willful misconduct.
5. To the extent not inconsistent with any emergency bylaws soadopted, the bylaws of the bank or trust company shall remain in effectduring any emergency and upon its termination the emergency bylaws shallcease to be operative.
6. Unless otherwise provided in emergency bylaws, notice of anymeeting of the board of directors during such an emergency may be givenonly to such of the directors as it may be feasible to reach at the timeand by such means as may be feasible at the time, including publication orradio.
7. To the extent required to constitute a quorum at any meeting ofthe board of directors during such an emergency, the officers of the bankor trust company who are present shall, unless otherwise provided inemergency bylaws, be deemed, in order of rank and within the same rank inorder of seniority, directors for such meeting.
