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2 | 2 | | SENATE DOCKET, NO. 1387 FILED ON: 1/19/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 623 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Sal N. DiDomenico |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to growth opportunities for state financial institutions. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and Suffolk 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 1387 FILED ON: 1/19/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 623 |
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18 | 18 | | By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 623) of Sal N. DiDomenico |
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19 | 19 | | for legislation to strengthen the state credit union charter. Financial Services. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 656 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to growth opportunities for state financial institutions. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 15 of Chapter 167I of the General Laws, as appearing in the 2020 |
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31 | 31 | | 2Official Edition, is hereby amended by striking out the first paragraph and inserting in place |
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32 | 32 | | 3thereof the following two paragraphs:- |
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33 | 33 | | 4 Subject to the written approval of the commissioner, a bank may be dissolved and |
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34 | 34 | | 5liquidate its affairs if authorized by a vote passed, at a meeting specially called to consider the |
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35 | 35 | | 6subject, by at least 2/3 of the voting body of the bank. A committee of 3 members prescribed by |
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36 | 36 | | 7the commissioner, shall liquidate the assets and after satisfying all debts of the bank shall |
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37 | 37 | | 8distribute the remaining proceeds among those entitled thereon in proportion to their respective |
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38 | 38 | | 9interests therein. 2 of 2 |
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39 | 39 | | 10 If the liquidation of a mutual bank or stock bank is to be effected in whole or in part |
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40 | 40 | | 11through the sale of any of its assets to and the assumption of its deposit and other liabilities, |
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41 | 41 | | 12including all contingent liabilities, by a bank in mutual form or by a credit union as part of a |
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42 | 42 | | 13business combination, the purchase and sale agreement must also be approved pursuant to |
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43 | 43 | | 14section 8 of this chapter. The commissioner shall establish expedited liquidation procedures for |
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44 | 44 | | 15such business combination transactions whereby the mutual bank or stock bank is dissolved |
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45 | 45 | | 16immediately after the combination. However, if any liabilities will remain in the mutual bank or |
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46 | 46 | | 17stock bank, the standard liquidation procedures shall apply. |
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47 | 47 | | 18 SECTION 2. Chapter 171 of the General Laws is hereby amended by adding after |
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48 | 48 | | 19section 78A the following section:- |
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49 | 49 | | 20 Section 78B. A credit union may purchase in whole or in part any of the assets of and |
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50 | 50 | | 21assume the deposit liabilities of any mutual bank or stock bank pursuant to section 8 of chapter |
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51 | 51 | | 22167I and the mutual bank or stock bank may be liquidated under the expedited procedures for |
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52 | 52 | | 23such business combination transactions under section 15 of said chapter 167I. If the main office |
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53 | 53 | | 24and branches of such bank are purchased, they shall become branches of the credit union without |
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54 | 54 | | 25any other approval required. The depositors of such bank shall become members of the credit |
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55 | 55 | | 26union within 2 years after such transaction is approved or for such longer period as may be |
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56 | 56 | | 27approved by the commissioner. |
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