Senate Study Bill 1177 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF COMMERCE/CREDIT UNION DIVISION BILL) A BILL FOR An Act relating to procedural requirements for the merger of 1 state credit unions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1200DP (5) 88 gh/rn
S.F. _____ H.F. _____ Section 1. Section 533.401, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. Prior to the sending of notice of 3 balloting for the membership vote on a merger, a merging credit 4 union shall submit to the superintendent all materials to 5 be included in the notice at least fifteen days before the 6 notice is sent to the members. The superintendent shall review 7 and approve the materials to be included in the notice at 8 least ten days before the notice is sent to the members. The 9 superintendent may direct any materials to be included in the 10 notice of balloting sent to members. 11 Sec. 2. Section 533.401, subsection 3, Code 2019, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . 0a. All materials included in the notice of 14 balloting for the membership vote on the merger were reviewed 15 and approved by the superintendent pursuant to subsection 1A. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 Current law provides that a state credit union may merge 20 with another credit union if the merger is pursuant to a plan 21 agreed upon by a majority of the board of directors of each 22 credit union joining in the merger and the merger is approved 23 by a majority vote of the members of the merging credit union. 24 A merging credit union must provide notice of balloting for 25 the vote to the members of the merging credit union entitled 26 to vote on the merger at least 20 days prior to the scheduled 27 vote. 28 This bill provides that prior to the sending of notice of 29 balloting for the membership vote on a merger, a merging credit 30 union shall submit to the superintendent of credit unions 31 all materials included in the notice at least 15 days before 32 the notice is sent to the members. The superintendent shall 33 review and approve the materials to be included in the notice 34 at least 10 days before the notice is sent to the members. The 35 -1- LSB 1200DP (5) 88 gh/rn 1/ 2
S.F. _____ H.F. _____ superintendent may direct any materials to be included in the 1 notice. The bill provides that the superintendent must review 2 and approve all materials included in the notice as provided in 3 the bill, along with other procedural requirements set forth in 4 Code section 533.401(3), in order to approve a merger. 5 -2- LSB 1200DP (5) 88 gh/rn 2/ 2