State Codes and Statutes

Statutes > Missouri > T24 > C370 > 370_358

Foreign credit union may apply for certificate--transfer of domesticcredit union to another state.

370.358. 1. A credit union organized under the laws ofanother state may apply to the director of the division of creditunions for a certificate of organization as a credit union underthe laws of this state and may be issued such a certificate bycomplying with the provisions of this section.

2. The application shall state:

(1) The name of the credit union and the state or countryunder the laws of which it is organized;

(2) The date of its organization and the period of itsduration;

(3) The place where its business office will be located inthis state;

(4) The names and address of its directors and officers;

(5) A statement of its capital and the amount of itssurplus, if any;

(6) Such additional information as may be necessary orappropriate in order to enable the director of the division ofcredit unions to determine whether the credit union should beissued a certificate of organization.

3. The application shall be executed in triplicate by thecredit union by its president or a vice president and verified byhim.

4. There shall be delivered to the director of the divisionof credit unions with the application a copy of its certificateof organization in the state in which it is organized, and allamendments thereto and a copy of its bylaws and amendments dulyauthenticated by the proper officer of the state or country whereit was organized. There shall also be submitted a statementsimilarly authenticated that the credit union is in good standingin the state or country.

5. (1) When the application is filed in conformity with theforegoing sections and the same fee paid to the director of thedivision of credit unions as would be paid by applicants fororganization of a credit union in Missouri, the director of thedivision of credit unions, if he finds the application is inconformity herewith, may issue a certificate of organizationcreating the credit union as a Missouri corporation pendingcancellation of its charter in the state in which it isorganized, but having a duration of ninety days. A copy of thecertificate shall be filed in the office of the secretary ofstate.

(2) When the director of the division of credit unionsreceives a certificate duly authenticated by the proper officerof the state or country where it was organized that the creditunion's charter in that state has been canceled, then he shallissue a certificate of approval as provided for in subsection 2of section 370.040.

(3) Thereafter, the provisions of subsections 2, 3 and 4 ofsection 370.040 shall be followed in organizing the credit unionas a Missouri corporation.

6. Any credit union organized under the laws of this stateand in good standing may transfer its charter to another state orcountry by complying with the following requirements:

(1) The proposition for the transfer shall first be approvedby the board of directors of the credit union and a date set fora vote thereon by the members. Written notice of the propositionto transfer and of the date of the members' meeting to vote onthe same shall be mailed to each member at the member's addressas it appears on the credit union records, not more than thirtynor less than seven days prior to the date. Approval of theproposition to transfer shall be by the affirmative vote of amajority of the members voting in person or by a written ballotfiled with the credit union secretary on or before the date ofthe meeting. The board of directors may prescribe the form ofthe ballot and the procedure for its use.

(2) An application for the transfer shall be filed with thedirector of the division of credit unions with a statement of theresults of the vote of the meeting verified by the affidavits ofthe president or vice president and the secretary of the creditunion within ten days after the date of the meeting.

(3) The transfer of the credit union to another state orcountry shall be subject to the approval of the director of thedivision of credit unions.

(4) After the application and approval, there shall be filedwith the director of the division of credit unions a writtencertificate duly authenticated by the official of another stateor country in charge of issuing credit union charters statingthat upon cancellation of the charter of the Missouri creditunion it will be organized as a credit union in the state orcountry with all of the rights of its members unimpaired.

(5) When the foregoing provisions are complied with thedirector of the division of credit unions may issue a certificateof cancellation of the credit union charter, a copy of whichshall be filed with the secretary of state.

(L. 1967 p. 509, A.L. 1972 S.B. 502)

State Codes and Statutes

Statutes > Missouri > T24 > C370 > 370_358

Foreign credit union may apply for certificate--transfer of domesticcredit union to another state.

370.358. 1. A credit union organized under the laws ofanother state may apply to the director of the division of creditunions for a certificate of organization as a credit union underthe laws of this state and may be issued such a certificate bycomplying with the provisions of this section.

2. The application shall state:

(1) The name of the credit union and the state or countryunder the laws of which it is organized;

(2) The date of its organization and the period of itsduration;

(3) The place where its business office will be located inthis state;

(4) The names and address of its directors and officers;

(5) A statement of its capital and the amount of itssurplus, if any;

(6) Such additional information as may be necessary orappropriate in order to enable the director of the division ofcredit unions to determine whether the credit union should beissued a certificate of organization.

3. The application shall be executed in triplicate by thecredit union by its president or a vice president and verified byhim.

4. There shall be delivered to the director of the divisionof credit unions with the application a copy of its certificateof organization in the state in which it is organized, and allamendments thereto and a copy of its bylaws and amendments dulyauthenticated by the proper officer of the state or country whereit was organized. There shall also be submitted a statementsimilarly authenticated that the credit union is in good standingin the state or country.

5. (1) When the application is filed in conformity with theforegoing sections and the same fee paid to the director of thedivision of credit unions as would be paid by applicants fororganization of a credit union in Missouri, the director of thedivision of credit unions, if he finds the application is inconformity herewith, may issue a certificate of organizationcreating the credit union as a Missouri corporation pendingcancellation of its charter in the state in which it isorganized, but having a duration of ninety days. A copy of thecertificate shall be filed in the office of the secretary ofstate.

(2) When the director of the division of credit unionsreceives a certificate duly authenticated by the proper officerof the state or country where it was organized that the creditunion's charter in that state has been canceled, then he shallissue a certificate of approval as provided for in subsection 2of section 370.040.

(3) Thereafter, the provisions of subsections 2, 3 and 4 ofsection 370.040 shall be followed in organizing the credit unionas a Missouri corporation.

6. Any credit union organized under the laws of this stateand in good standing may transfer its charter to another state orcountry by complying with the following requirements:

(1) The proposition for the transfer shall first be approvedby the board of directors of the credit union and a date set fora vote thereon by the members. Written notice of the propositionto transfer and of the date of the members' meeting to vote onthe same shall be mailed to each member at the member's addressas it appears on the credit union records, not more than thirtynor less than seven days prior to the date. Approval of theproposition to transfer shall be by the affirmative vote of amajority of the members voting in person or by a written ballotfiled with the credit union secretary on or before the date ofthe meeting. The board of directors may prescribe the form ofthe ballot and the procedure for its use.

(2) An application for the transfer shall be filed with thedirector of the division of credit unions with a statement of theresults of the vote of the meeting verified by the affidavits ofthe president or vice president and the secretary of the creditunion within ten days after the date of the meeting.

(3) The transfer of the credit union to another state orcountry shall be subject to the approval of the director of thedivision of credit unions.

(4) After the application and approval, there shall be filedwith the director of the division of credit unions a writtencertificate duly authenticated by the official of another stateor country in charge of issuing credit union charters statingthat upon cancellation of the charter of the Missouri creditunion it will be organized as a credit union in the state orcountry with all of the rights of its members unimpaired.

(5) When the foregoing provisions are complied with thedirector of the division of credit unions may issue a certificateof cancellation of the credit union charter, a copy of whichshall be filed with the secretary of state.

(L. 1967 p. 509, A.L. 1972 S.B. 502)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T24 > C370 > 370_358

Foreign credit union may apply for certificate--transfer of domesticcredit union to another state.

370.358. 1. A credit union organized under the laws ofanother state may apply to the director of the division of creditunions for a certificate of organization as a credit union underthe laws of this state and may be issued such a certificate bycomplying with the provisions of this section.

2. The application shall state:

(1) The name of the credit union and the state or countryunder the laws of which it is organized;

(2) The date of its organization and the period of itsduration;

(3) The place where its business office will be located inthis state;

(4) The names and address of its directors and officers;

(5) A statement of its capital and the amount of itssurplus, if any;

(6) Such additional information as may be necessary orappropriate in order to enable the director of the division ofcredit unions to determine whether the credit union should beissued a certificate of organization.

3. The application shall be executed in triplicate by thecredit union by its president or a vice president and verified byhim.

4. There shall be delivered to the director of the divisionof credit unions with the application a copy of its certificateof organization in the state in which it is organized, and allamendments thereto and a copy of its bylaws and amendments dulyauthenticated by the proper officer of the state or country whereit was organized. There shall also be submitted a statementsimilarly authenticated that the credit union is in good standingin the state or country.

5. (1) When the application is filed in conformity with theforegoing sections and the same fee paid to the director of thedivision of credit unions as would be paid by applicants fororganization of a credit union in Missouri, the director of thedivision of credit unions, if he finds the application is inconformity herewith, may issue a certificate of organizationcreating the credit union as a Missouri corporation pendingcancellation of its charter in the state in which it isorganized, but having a duration of ninety days. A copy of thecertificate shall be filed in the office of the secretary ofstate.

(2) When the director of the division of credit unionsreceives a certificate duly authenticated by the proper officerof the state or country where it was organized that the creditunion's charter in that state has been canceled, then he shallissue a certificate of approval as provided for in subsection 2of section 370.040.

(3) Thereafter, the provisions of subsections 2, 3 and 4 ofsection 370.040 shall be followed in organizing the credit unionas a Missouri corporation.

6. Any credit union organized under the laws of this stateand in good standing may transfer its charter to another state orcountry by complying with the following requirements:

(1) The proposition for the transfer shall first be approvedby the board of directors of the credit union and a date set fora vote thereon by the members. Written notice of the propositionto transfer and of the date of the members' meeting to vote onthe same shall be mailed to each member at the member's addressas it appears on the credit union records, not more than thirtynor less than seven days prior to the date. Approval of theproposition to transfer shall be by the affirmative vote of amajority of the members voting in person or by a written ballotfiled with the credit union secretary on or before the date ofthe meeting. The board of directors may prescribe the form ofthe ballot and the procedure for its use.

(2) An application for the transfer shall be filed with thedirector of the division of credit unions with a statement of theresults of the vote of the meeting verified by the affidavits ofthe president or vice president and the secretary of the creditunion within ten days after the date of the meeting.

(3) The transfer of the credit union to another state orcountry shall be subject to the approval of the director of thedivision of credit unions.

(4) After the application and approval, there shall be filedwith the director of the division of credit unions a writtencertificate duly authenticated by the official of another stateor country in charge of issuing credit union charters statingthat upon cancellation of the charter of the Missouri creditunion it will be organized as a credit union in the state orcountry with all of the rights of its members unimpaired.

(5) When the foregoing provisions are complied with thedirector of the division of credit unions may issue a certificateof cancellation of the credit union charter, a copy of whichshall be filed with the secretary of state.

(L. 1967 p. 509, A.L. 1972 S.B. 502)