12 U.S.C. § 2279a

Power to merge

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The banks within a district may merge into a single entity (hereinafter in this subchapter referred to as a “merged bank”) if the plan of merger is approved by—(1) the Farm Credit Administration Board;(2) the respective boards of directors of the banks involved;(3) a majority of the stockholders of each bank voting, in person or by proxy, at a duly authorized stockholders’ meeting with each association entitled to cast a number of votes equal to the number of its voting stockholders; and(4) in the case of a bank for cooperatives, a majority of the total equity interests in such merging bank for cooperatives (including allocated, but not unallocated, surplus and reserves) held by those stockholders or subscribers to the guaranty fund of the bank voting.(Pub. L. 92–181, title VII, § 7.0, as added Pub. L. 100–233, title IV, § 416, Jan. 6, 1988, 101 Stat. 1645; amended Pub. L. 100–399, title IV, § 408(b), Aug. 17, 1988, 102 Stat. 1001.)Editorial NotesAmendments

1988—Pub. L. 100–399 substituted “The banks” for “Two or more banks” in introductory provisions, and in par. (3) substituted “with each association entitled to cast a number of votes equal to the number of its voting” for “in accordance with the provisions of section 2223(c) of this title relating to the casting of votes by”.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.

Notes of Decisions

Cited in 2 cases, 1991–1997 · leading case: Farm Credit Servs. of Mid-Am. v. Indiana Dep't of State Revenue, 677 N.E.2d 645 (Ind. T.C. 1997).

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Farm Credit Servs. of Mid-Am. v. Indiana Dep't of State Revenue, 677 N.E.2d 645 (Ind. T.C. 1997). “Some of the other sections of subchapter VII address the requirements for merging banks within a district, 12 U.S.C.A. § 2279a (West 1989), transferring lending authority from a bank to an association, 12 U.”

First South Prod. Credit Ass'n v. Farm Credit Admin., 926 F.2d 339 (4th Cir. 1991). “1 The specificity of the designation in section 410(a) stands in contrast to the general nature of the designation which governs the voluntary intradistrict mergers of “banks,” 1987 Act, § 416, as amended, 12 U.S.C.A. § 2279a (1989), and the voluntary interdistrict mergers of…”

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