Missouri § 362.117 - State bank may become trust company — procedure.

§ 362.117. State bank may become trust company — procedure.

1.  Any bank may become a trust company with all the powers and subject to all the obligations and duties of trust companies organized under the provisions of this chapter.

2.  A bank desiring to become a trust company shall proceed in the following manner:

(1)  It shall call a meeting of its stockholders and shall give notice thereof as provided in section 362.044;

(2)  At the meeting so called the stockholders of the bank may, by a vote of at least two-thirds of the entire capital stock issued, outstanding and entitled to vote, direct that the bank shall be transformed into a trust company.  In the event that such action is taken by the prescribed vote, a resolution may be adopted fixing a future date certain upon which the state bank shall be transformed into a trust company and directing not less than five nor more than thirty of the stockholders of the bank, who shall be designated by name in the resolution, to proceed with the organization of the trust company;

(3)  The designated stockholders shall proceed in all respects as is provided by law for other individuals in incorporating a trust company, except that the articles of agreement may provide that instead of the capital stock being paid up in lawful money the same may be paid up by an assignment of the assets of the state bank about to dissolve, the assignment to take effect at the aforesaid future date certain, and the director may allow the assignment to be accepted instead of cash, if the incorporators shall have certified in the articles of agreement that the net value of the assigned assets is equal to at least the full amount of the stock of the proposed trust company, and the director, as the result of an examination by himself, his deputies or his examiners, is satisfied that the assets are of such value, and except further that the stockholders may request in the resolution referred to in subdivision (2) of this subsection that the new charter contain the original incorporation date for such state bank to be dissolved and the director shall grant such request to be included in the new trust company public charter to be issued.

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(L. 1967 p. 445, A.L. 1989 H.B. 378, A.L. 1989 1st Ex. Sess. H.B. 4, A.L. 2002 S.B. 895)

(Source:  RSMo 1959 § 363.140)

---- end of effective  28 Aug 2002 ----

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