15-617
Montana Attorney General Opinion 15-617
Length: 251 wordsOfficial source
Cite as 15 Mont. Op. Att'y Gen. No. 617
Opinion No. 617
Banl{s and Banking-Dit'ectors
-Qualifications.
HELD: A bank director is not dis-
qualified hecuuse he has given an op-
tion to the sellei' to re-purchase the
stock necessary to qualify him, pro-
\'iderl the director is a bona fide stock-
holder un<1 ahsolute owner in his own
right.
September 24, 1934.
You havc suhmitted thc question
whether Section n, Chapter 89, Laws
of 1927, permits a person to qualify
as a director of a state bank where he
purchases the statutory required num-
ber of shares for cash or gives a note
for the same and at the same time in-
cludes an option agreement giving to
the seller the right to re-purchase the
stock at pal' on any annual meeting
date of the hank or upon the death,
insolvency or bankruptcy of the share-
hohler. This method, you state, has
been followe<l by group hanks and has
heen appro\'ed by the Comptroller in
case of national banks.
I am of the opinion that if the sale
is bona fide and the director is the
absolute owner in his own right of the
sf:ock, the option to purchase is not in
conflict with the statute above named
as it now stands. From the .facts as
stated abo\-c, we could not say that
such director was not a stockholder
owning, in his own right, shares of
the value required by statute. In the
absence of a statute forbidding it, we
are unable to say that it is not per-
missible.