At the time that the plan of exchange becomes effective:(1) each shareholder ceases to be a shareholder of the bank, trust company, corporate fiduciary, or stock savings bank;(2) the ownership of all shares of the issued and outstanding common stock of the bank, trust company, corporate fiduciary, or stock savings bank (except shares for which payment of value is required to be made under section 8 of this chapter) vest in the holding company automatically without any physical transfer or deposit of certificates representing those shares;(3) the articles of incorporation of the holding company are amended to the extent that any provisions of those articles are restated in the plan of exchange;(4) the holding company becomes the sole holder of the common stock of the bank, trust company, corporate fiduciary, or stock savings bank and has all of the rights, privileges, immunities and powers, and (except as otherwise provided in this chapter) is subject to all of the duties and liabilities, of a shareholder of a bank, trust company, corporate fiduciary, or stock savings bank; and(5) depending upon which option is provided for in the plan of exchange, certificates duties and liabilities, of a shareholder of a bank, trust company, corporate fiduciary, or stock savings bank; and(5) depending upon which option is provided for in the plan of exchange, certificates representing shares of common stock of the bank and trust company or corporate fiduciary (except shares for which payment of value is required to be made under section 8 of this chapter) become certificates representing either shares of the issued and outstanding common stock of the holding company, or the right to receive shares of stock issued by the holding company upon such terms as are specified in the plan of exchange.As added by P.L.238-1983, SEC.10. Amended by P.L.122-1994, SEC.69; P.L.262-1995, SEC.22.
Indiana Legal Code