16-62
Montana Attorney General Opinion 16-62
Length: 265 wordsOfficial source
Cite as 16 Mont. Op. Att'y Gen. No. 62
Opinion No. 62.
Banks and Banking-Preferred
Stock, Classes of.
HELD:
A state bank may issue
preferred stock of two
different
classes, one subordinate to the other,
subject to the approval of the super-
intendent of banks as provided in
Section 3 of Chapter 15, Laws of the
Extraordinary SeSSion, 1933-34.
March 16, 1935.
Hon. Frank H. Johnson
Superintendent of Banks
The Capitol
You have requested my opmlOn as
to whether a state bank may issue
preferred stock in different and sep-
58
OPINIONS OF THE ATTORNEY GENERAL
arate series. for example. an issue of
$20.000 into two series to be known
as Series "A." $10.000 and Series
"B." $10.000. the second series to be
subordinated to the first series but
both to be preferred stocks.
Chapter 15. Laws of 1933-34. Ex-
traordinary Session. authorizes the
issuance of non-assessable preferred
stock. The only statutory restriction
we find upon the issuance of such
preferred stock is found in Section 3
of said chapter. as follows:
"Such
preferred stock may be issued and
sold upon such terms and conditions
as may be approved by the Superin-
tendent of Banks. or as may be re-
quired for the purchase of such stock
by the Reconstruction Finance Cor-
poration or other agency or quasi-
agency of the Federal government."
Since the issuance of preferred
stock has been expressly authorized
without other statutory restriction. it
is my opinion that a state bank may
issue the two series of preferred
stock as above described. subject.
however. to the approval of the su-
perintendent of banks or as provided
in said Section 3.