Section 136-C. Effect of merger or conversion of national banking association into state bank  


Latest version.
  • 1. At the time when a merger or  conversion  under  sections  one  hundred thirty-six and one hundred thirty-six-b of
      this chapter becomes effective.
        (a) the resulting state bank shall be considered the same business and
      corporate entity as the national banking  association,  although  as  to
      rights, powers and duties, the resulting bank is a state bank;
        (b) all of the property, rights, powers and franchises of the national
      banking  association  shall  vest  in  the  resulting state bank and the
      resulting state bank shall be subject to and be deemed to  have  assumed
      all  of  the  debts, liabilities, obligations and duties of the national
      banking association and to have succeeded to all of  its  relationships,
      fiduciary  or  otherwise,  as  fully  and  to the same extent as if such
      property, rights, powers, franchises, debts,  liabilities,  obligations,
      duties  and  relationships  had  been  originally  acquired, incurred or
      entered into by the resulting state bank; provided,  however,  that  the
      resulting  state  bank  shall  not,  through  such conversion or merger,
      acquire power to engage in  any  business  or  to  exercise  any  right,
      privilege  or franchise which is not conferred by the provisions of this
      chapter upon such resulting state bank;
        (c) any reference to the national banking association in any contract,
      will or document, whether executed or taking effect before or after  the
      conversion  or  merger, shall be considered a reference to the resulting
      state bank  if  not  inconsistent  with  the  other  provisions  of  the
      contract, will or document;
        (d)  a  pending  action  or  other  judicial  proceeding  to which the
      national banking association is a party, shall not  be  deemed  to  have
      abated  or  to  have discontinued by reason of the conversion or merger,
      but may be prosecuted to final judgment, order or  decree  in  the  same
      manner  as  if  the  conversion  or  merger  had  not  been made; or the
      resulting state bank may be substituted as a party  to  such  action  or
      proceeding,  and  any  judgment,  order or decree may be rendered for or
      against it that might have been rendered for  or  against  the  national
      banking association if the conversion or merger had not occurred.
        2.  As  used  in  this  section, the term "state bank" means a bank or
      trust company.