Section 478. Amendment of bylaws; approval of superintendent  


Latest version.
  • 1. The bylaws
      of a credit union may be changed or amended by a vote of a  majority  of
      the  total  number of directors which a credit union would have if there
      were no vacancies present at any meeting; provided the  proposed  change
      or  amendment  shall  have first had the approval of the superintendent,
      except as provided in subdivision two  of  this  section;  and  provided
      further, that notice of such meeting, with notice of the proposed change
      or  amendment,  shall  have been given to each director as prescribed in
      the bylaws and provided, further, that any amendment,  or  change  in  a
      bylaw  affecting  the  manner or method by which a shareholders' meeting
      may be convened, the voting rights of the shareholders, or a decrease in
      the number of directors of the  credit  union  shall  also  require  the
      approval  of  a majority of the shareholders present at a meeting of the
      shareholders. A copy of any change or amendment thus  adopted  shall  be
      filed  in  the office of the superintendent within thirty days after its
      adoption.
        2. Notwithstanding the provisions of subdivision one of this  section,
      a  credit  union  may  change or amend its bylaws to add a group of less
      than three thousand members upon receiving a notice of no objection from
      the superintendent. Within ten business days of receiving such  proposed
      change or amendment, the superintendent shall either send a notice of no
      objection, notify the credit union that the proposed change or amendment
      is  denied,  or  notify  the  credit  union  that  additional  review is
      necessary; provided, however, that if additional  review  is  necessary,
      the  superintendent  shall  notify  the credit union of his or her final
      decision within no more than twenty-five business days of receiving such
      proposed change or amendment.
        3. Any credit union deeming itself aggrieved by  the  refusal  of  the
      superintendent  to  give  his  or  her  approval to a proposed change or
      amendment may apply to any justice of the supreme court of the  district
      wherein  the credit union is located, upon notice to the superintendent,
      for a review of such decision. Such justice shall review the decision of
      the superintendent and may overrule or  set  aside  the  action  of  the
      superintendent  and  approve  such change or amendment. An approval thus
      obtained shall enable such credit union to make the change or  amendment
      as approved.