| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1861
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1861 as follows:
| ||||||
3 | on page 1, line 5, by replacing "Sections 5, 14, and 14.1" with | ||||||
4 | "Sections 5 and 14.1"; and | ||||||
5 | by replacing line 1 on page 12 through line 18 on page 19 with | ||||||
6 | the following:
| ||||||
7 | "(205 ILCS 5/14.1) (from Ch. 17, par. 321.1)
| ||||||
8 | Sec. 14.1. Quasi-Reorganization of Capital Upon a Change in | ||||||
9 | Control .
| ||||||
10 | (a) For the purposes of declaring dividends pursuant to | ||||||
11 | Section 14(8)(b) of
this Act upon a change in control , if a | ||||||
12 | bank:
| ||||||
13 | (1) incurs a change in ownership of more than 50% of its | ||||||
14 | voting stock; and
| ||||||
15 | (2) has a deficit in its net profits then on hand at the |
| |||||||
| |||||||
1 | time of such
change in ownership; and
| ||||||
2 | (3) receives the prior written approval of the Secretary | ||||||
3 | Commissioner ; such bank
may restate its asset and liability | ||||||
4 | accounts to fair value for the purpose
of reorganizing the | ||||||
5 | capital accounts of the bank so that net profits then
on hand | ||||||
6 | are restated to zero; provided that in no event may total | ||||||
7 | capital
be increased as a result of a capital reorganization | ||||||
8 | made pursuant to this Section.
| ||||||
9 | (b) A bank may reorganize its capital accounts pursuant to | ||||||
10 | item (3) of subsection (a) of this Section without a change in | ||||||
11 | control to the same extent and in the same manner authorized | ||||||
12 | for national banks, subject to the same limitations and | ||||||
13 | restrictions as are applicable to national banks, upon | ||||||
14 | receiving the prior written approval of the Secretary. | ||||||
15 | (Source: P.A. 87-841.)".
|