17:9A-17.4 - Requirements for conversion approval 

17:9A-17.4.  Requirements for conversion approval      4.   The commissioner shall not approve the application of a State bank or capital stock savings bank to convert pursuant to this act unless the commissioner finds, after appropriate investigation, and a public hearing if deemed necessary by the commissioner, that the following requirements have been met: 

   a.   The application is complete;

 

   b.   The converting corporation is insured by the Federal Deposit Insurance Corporation, and the resulting corporation will also be insured by that agency; 

   c.   The converting corporation satisfies all capital maintenance requirements for banks or capital stock savings banks, as the case may be, set forth by the Federal Deposit Insurance Corporation, by any other federal regulator and by the department; 

   d.   The converting corporation is not subject to any outstanding supervisory order, agreement or memorandum of understanding of the Federal Deposit Insurance Corporation, any other federal regulator or the department;

   e.   The proposed conversion will result in a bank or capital stock savings bank, as the case may be, that will satisfy all capital maintenance requirements for savings banks or banks, as the case may be, set forth by the Federal Deposit Insurance Corporation, any other federal regulator and the department; 

   f.   Directors designated in the certificate of incorporation possess the qualifications, experience and character required for the duties and responsibilities with which they will be charged; and 

   g.   The interests of the converting corporation's depositors and creditors, and the public generally, will not be jeopardized by the proposed conversion. 

   L.1992,c.184,s.4.