State of Illinois
91st General Assembly
Legislation

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91_HB1661

 
                                               LRB9103302JSpr

 1        AN  ACT  to  amend  the  Illinois Banking Act by changing
 2    Section 16.1.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Banking  Act  is  amended by
 6    changing Section 16.1 as follows:

 7        (205 ILCS 5/16.1) (from Ch. 17, par. 323.1)
 8        Sec. 16.1.  Removal of directors.  One  or  more  of  the
 9    directors  may  be  removed,  with  cause,  at  a  meeting of
10    shareholders by the affirmative vote  of  the  holders  of  a
11    majority  of  the outstanding shares then entitled to vote at
12    an election of directors, except as follows:
13        (1)  No  director  shall  be  removed  at  a  meeting  of
14    shareholders unless the notice of  the  meeting  shall  state
15    that  a purpose of the meeting is to vote upon the removal of
16    one or more directors named in the notice.   Only  the  named
17    director or directors may be removed at that meeting.
18        (2)  In  the  case of a bank having cumulative voting, if
19    less than the entire board is to be removed, no director  may
20    be removed if the votes cast against his or her removal would
21    be  sufficient to elect him or her if then cumulatively voted
22    at an election of the entire board of directors.
23        (3)  If a director is elected by a  class  or  series  of
24    shares,  he or she may be removed only by the shareholders of
25    that class or series.
26        (4)  In  the  case  of  a  State  bank  whose  board   is
27    classified as provided in paragraph (5) of Section 16 of this
28    Act,  the  charter  or the by-laws may provide that directors
29    may be removed only for cause.
30    (Source: P.A. 86-368; 87-269.)

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