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HomeFinancial CodeDiv. 2Ch. 2Art. 10§ 5861 Creditor Rights After Reorganization

§ 5861 Creditor Rights After Reorganization

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5861 Creditor Rights After Reorganization

Key Takeaways

  • •If a mutual bank changes to a stock bank, your savings account or loan stays the same, just with the new bank.
  • •Your rights as a customer (like voting or owning part of the bank) now apply to the new version of the bank.
  • •The new bank takes over the old bank’s duties to you without changing the rules.

Example

You have a savings account at a small local bank. One day, the bank changes from a mutual bank (owned by customers) to a stock bank (owned by shareholders).

Your savings account stays the same, just under the new bank’s name. If you had any rights, like voting on bank decisions, those now apply to the new bank. The new bank must honor your account and rights just like the old one did.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5861 Creditor Rights After Reorganization

Upon transfer of assets and assumption of liabilities pursuant to Section 5860, persons who prior thereto held savings accounts with, or other rights as creditors of, the mutual association with respect to accounts and liabilities transferred shall have such accounts and rights solely with respect to the reorganized stock association, and the corresponding liability or obligation of the mutual association to those persons shall be assumed by the reorganized stock association without a change in terms. Persons who had ownership, liquidation, or voting rights with respect to the mutual association shall continue to have those rights solely with respect to the mutual association in its reorganized form as a mutual holding company. (Added by Stats. 1988, Ch. 718, Sec. 10.)

Last verified: January 23, 2026

Key Terms

associationownershipobligationliabilitystockliquidationassumption

Related Statutes

  • § 5750 Association Reorganization And Mergers
  • § 5860 Mutual Association Reorganization Rules
  • § 5863 Mutual Holding Company Approval
  • § 5867 Reorganized Stock Association Powers
  • § 5868 Stock Issuance Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 5861.
View Official Source