2023 New York Laws › BNK - Banking › Article 13 - Merger; Voluntary Dissolution; Superintendent's Taking Possession; Reorganization; Liquidation › 620 - Notice to Creditors to Make Proof of Claims; Form of Claims; Claims for Priority of Payment.

§ 620.  Notice  to  creditors to make proof of claims; form of claims;
  claims for priority of payment.  1. When the superintendent  shall  have
  taken  possession of any banking organization, and shall have determined
  to liquidate its affairs, he or she shall notify  all  persons  who  may
  have  claims against such banking organization to present such claims to
  him or her and make proper proof thereof within  four  months  from  the
  date of such notice and at a place specified therein; provided, that (a)
  if  the superintendent finds that a shorter period than four months will
  afford a reasonable time for presenting claims and making proof thereof,
  he or she may specify such shorter period which shall  in  no  event  be
  less  than  thirty days or (b) if the superintendent finds that a longer
  period than four months is  needed  to  afford  a  reasonable  time  for
  presenting  claims  and making proof thereof, he or she may specify such
  longer period which shall in no event be more than six months  from  the
  date  of  such  notice. In any event the superintendent shall specify in
  such notice the last date for presenting claims  and  for  making  proof
  thereof.  The superintendent shall cause such notice to be mailed to all
  persons whose names appear as creditors upon the books  of  the  banking
  organization.  Such  notice  to persons appearing as depositors shall be
  mailed to the address appearing upon the deposit records  or  ledger  of
  such  banking  organization.  The  superintendent  shall also cause such
  notice to be inserted biweekly in such newspaper or newspapers as he  or
  she may direct for three consecutive months, the first insertion thereof
  to  be published more than ninety days before the last day fixed in such
  notice for presenting proof of claims; provided, that where  the  notice
  requires  claims  to  be  presented  within  less  than four months, the
  superintendent shall cause such notice to be  inserted  weekly  in  such
  newspaper  or  newspapers  as he or she may direct for three consecutive
  weeks, the first insertion thereof to be published more than  twenty-one
  days  before  the  last  day fixed in such notice for presenting claims.
  Such notice shall specify that all persons having claims for priority of
  payment shall make demand in writing for priority in the proof of  their
  claims.  The  superintendent  shall  have  no  power to accept any claim
  presented after the date specified in such notice as the last  date  for
  presenting claims.
2.  A  proof  of claim shall consist of a written statement under oath
  signed by the claimant or his attorney in fact, and  shall  be  in  such
  form as the superintendent shall require.
3.  All persons who shall have failed to demand in writing priority of
  payment as specified in the notice to file claims  shall  be  deemed  to
  have  waived  and  abandoned  any  right to such priority of payment. No
  person who shall have failed to demand in writing priority of payment as
  herein above provided, shall be  entitled  to  maintain  any  action  or
  proceeding  for  any  priority of payment. In all actions or proceedings
  for priority of payment, the claimant shall be required  to  allege  and
  prove  that the claim upon which the action is instituted was duly filed
  and contained therein demand in writing for priority of payment.