reglab/statecodes huggingface dataset:
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 25-A - Authority of Superintendent to File Organization Certificate and Issue Authorization Certificate Under Certain Conditions.

* § 25-a. Authority of superintendent to file organization certificate
  and   issue  authorization  certificate  under  certain  conditions.  1.
  Notwithstanding  any  other  provision  of  law  to  the  contrary,  the
  superintendent  is  authorized  to  file  and  approve  the organization
  certificate of a bank or trust company and  to  issue  an  authorization
  certificate  to  such  bank  or  trust  company  in  accordance with the
  provisions of subdivision two of this section.
2. If the superintendent, after taking possession of the business  and
  property of any banking organization pursuant to section six hundred six
  of this chapter, shall find that it is in the public interest for all or
  a  substantial  part  of  the  business  or  property  of  such  banking
  organization to be acquired by a bank or trust company to  be  organized
  for  such  purpose,  he  may forthwith file and approve the organization
  certificate of, and issue an authorization certificate to, such bank  or
  trust  company  and  in  connection  therewith  may waive any condition,
  requirement or provision of articles two,  three  and  fifteen  of  this
  chapter,  provided,  however, that the superintendent shall be empowered
  to impose such terms and conditions, if any,  on  the  exercise  of  any
  authority  granted  to  any  such  bank  or trust company as he may deem
  appropriate to effectuate the declaration of policy contained in section
  ten of this article.
* NB Expired March 31, 1982
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 26 - Licenses to Foreign Banking Corporations; Renewal.

§ 26.  Licenses to foreign banking corporations; renewal. Upon receipt
  of an application in proper form of any foreign banking corporation  for
  leave  to do business in this state under the provisions of article five
  of this chapter, the superintendent, if  he  or  she  shall  find  after
  investigation  and  examination  of  what he or she deems to be the best
  sources of information that the character,  responsibility  and  general
  fitness  of  the person or persons named in such application are such as
  to command confidence and warrant  belief  that  the  business  of  such
  foreign  banking  corporation will be honestly and efficiently conducted
  in accordance with the intent and purpose of this chapter and  that  the
  public  convenience  and  advantage  will  be  promoted by granting such
  foreign banking corporation leave to do business in  this  state,  shall
  execute  and  issue  a license under the official seal of the department
  authorizing such applicant to  carry  on  such  business  at  the  place
  designated  in the license. Such license shall be executed in triplicate
  and the superintendent shall cause one copy to  be  transmitted  to  the
  applicant,  another  to be filed in the office of the department and the
  third to be filed in the office of the clerk of the county in which  the
  place  of  business  designated  in  such  license is located. A license
  issued to such foreign banking  corporation  pursuant  to  this  section
  shall remain in full force and effect until surrendered or revoked.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 27 - Exchange and Examination of Securities.

§ 27.  Exchange  and  examination  of  securities. 1. Any corporation,
  unincorporated association, partnership or individual which  shall  have
  deposited  with  the  superintendent  in  trust  any  stocks or bonds in
  pursuance of any requirement of this chapter, may be  permitted  by  the
  superintendent,  so  long  as it shall continue business in the ordinary
  course, from time to time to withdraw any of such stocks or  bonds  upon
  depositing  with the superintendent other stocks or bonds of the kind it
  is required by this chapter to deposit with him and if the value of  the
  stocks  or  bonds  so  held  by  the  superintendent  exceeds the amount
  required by this chapter to be so deposited,  the  stocks  or  bonds  in
  excess  of  such  amount  may  be withdrawn without depositing others in
  exchange therefor.
2. Any such corporation, unincorporated  association,  partnership  or
  individual may, at any time during ordinary business hours, examine such
  stocks  or  bonds  and  compare them with the record on the books of the
  department. Unless it shall deliver to the superintendent at least  once
  in  each calendar year, a statement listing such stocks or bonds and the
  amounts thereof, and stating that they are in the custody and possession
  of  the  superintendent  at  the  date  of  the  statement,  the   state
  comptroller  and  the  superintendent  shall  appoint  some suitable and
  discreet  person  as  agent   for   such   corporation,   unincorporated
  association, partnership or individual, who shall make an examination of
  such  stocks or bonds. If such agent finds that the stocks or bonds held
  by the superintendent agree with the records thereof on the books of the
  department, he shall execute a statement in the form above described and
  transmit a copy thereof to the corporation, unincorporated  association,
  partnership  or  individual  in  behalf  of  which  it is made, and such
  statement shall have the same force and effect as if  executed  by  such
  corporation,  unincorporated  association,  partnership  or  individual.
  Compensation for the services and expenses of such agent in making  such
  examination shall be paid as a general expense of the department.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 28 - Change of Location; Change of Designation of Principal Office; Approval or Refusal; Certificate.

§ 28.  Change  of location; change of designation of principal office;
  approval or refusal; certificate. Upon receipt by the superintendent  of
  a  written  application  in proper form from any banking organization or
  foreign corporation for leave to change its place or one of  its  places
  of  business to another place or from any banking organization for leave
  to change the designation of its principal office to a branch office and
  to change the designation of one of its branch offices to its  principal
  office,  the  superintendent shall, if he or she shall be satisfied that
  such change may be permitted under the terms of this  chapter  and  that
  there  is  no  reasonable  objection to such change, execute and issue a
  certificate under the official seal of the department  authorizing  such
  change  and  specifying  the  date  on or after which such change may be
  made, and shall cause the original of such certificate to be transmitted
  to the applicant, a copy to be filed in the office of the department and
  a copy to be filed in the office of the clerk of the county in which the
  principal office of the applicant  is  located,  provided  that  if  the
  proposed  principal  office  is in a different county than the county in
  which the principal office is located at the time of the filing  of  the
  application,  the  superintendent  shall cause copies to be filed in the
  offices of the clerks of both counties. If the superintendent  shall  be
  satisfied in any case that such change is undesirable or inexpedient, he
  or  she  shall  refuse such application and notify the applicant of such
  determination.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 28-A - Temporary Change of Location; Approval or Refusal; Certificate.

§   28-a.   Temporary   change   of  location;  approval  or  refusal;
  certificate.  Notwithstanding any provisions of law limiting the  number
  of  offices which may be maintained thereby, any banking organization or
  foreign banking corporation  may  make  a  written  application  to  the
  superintendent  for  a  temporary  change  of location of its authorized
  place or one of its authorized places of business or a  portion  thereof
  to  another place within the state which shall be as near as practicable
  to such authorized  place  of  business.  At  the  time  of  making  the
  application  an  investigation  fee  as  prescribed  pursuant to section
  eighteen-a of this article shall be paid to the superintendent for  each
  temporary  location  for which leave to open is sought, except where (1)
  the applicant would not be required to pay an investigation fee upon the
  filing of an application for a change of location  under  provisions  of
  this  chapter  other  than  this  section,  or  (2)  said application is
  necessitated by damage or  destruction  caused  by  flood,  tidal  wave,
  earthquake,  conflagration,  tornado,  hurricane,  cyclone, windstorm or
  other  storm  or  such  other  event  as  shall  have  been  declared  a
  catastrophe  by  the superintendent. If there is no reasonable objection
  to such change, and if the superintendent  finds  that  such  change  is
  necessary   or  desirable  during  a  period  of  construction,  repair,
  alteration, improvement, or reconstruction of the previously  authorized
  place  of business, he or she shall issue a certificate under his or her
  hand and the official seal  of  the  department  authorizing  each  such
  change  and  specifying  (a)  the  period  during  which  such temporary
  location may be maintained, (b) the date on or after which  such  change
  may  be  made,  and  (c)  the powers which may be exercised thereat. The
  superintendent shall cause  the  original  of  such  certificate  to  be
  transmitted  to  the  applicant, a copy to be filed in the office of the
  department and a copy to be filed in the office  of  the  clerk  of  the
  county in which the principal office of the applicant is located. If the
  superintendent  shall  be  satisfied  in  any  case  that  a  change  is
  undesirable or inexpedient, he or she shall refuse such application  and
  notify  the  applicant of his or her determination. A temporary place of
  business occupied pursuant to the provisions of this  section  shall  be
  closed  as  soon  as  practicable,  and  in no event later than the date
  specified in its authorization certificate,  unless  the  superintendent
  shall  have  extended such time. The banking organization or corporation
  shall notify the superintendent in writing prior to such closing  as  to
  the date it intends to close the temporary place of business.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 29 - Branch Offices; Public Accommodation Offices; Approval or Refusal; Certificate; Investigation Fee.

§  29.  Branch  offices;  public  accommodation  offices;  approval or
  refusal; certificate; investigation fee.  When  a  banking  organization
  seeks  to  open a branch office or public accommodation office, it shall
  submit a written application  to  the  superintendent.  The  application
  shall contain such information as the superintendent deems necessary. At
  the  time of making such application, an investigation fee as prescribed
  pursuant to section eighteen-a of this article  shall  be  paid  to  the
  superintendent for each branch office or public accommodation office for
  which  leave  to  open  is  sought. If the superintendent finds that the
  opening  of  the  branch  office  or  public  accommodation  office   is
  consistent  with  the  declaration of policy set forth in section ten of
  this article and that  the  applicant  is  in  compliance  with  section
  twenty-eight-b  of  this article, he or she shall issue a certificate in
  triplicate under his or her hand and the official seal of the department
  authorizing the opening and occupation of such branch office  or  public
  accommodation  office  and specifying the date on or after which and the
  conditions under which it may be opened and the place where it shall  be
  located.   The   superintendent  shall  cause  one  of  such  triplicate
  certificates to be transmitted to the applicant, another to be filed  in
  the  office of the department and the third to be filed in the office of
  the clerk of the county in which the principal office of  the  applicant
  is located. If the superintendent shall not find that the opening of the
  branch or public accommodation office is consistent with the declaration
  of policy set forth in section ten of this article or that the applicant
  is  in compliance with section twenty-eight-b of this article, he or she
  shall notify the applicant that the application has been denied.
No investigation fee for branch applications shall be  collected  from
  applicants  if  such  branch  applications are filed in conjunction with
  proceedings under section one hundred thirty-six, four  hundred  ten  or
  subdivision eight of section six hundred five of this chapter.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 30 - Unclaimed Amounts; Deposit by Superintendent in Trust; Preference; Release of Debtor.

§ 30.   Unclaimed   amounts;   deposit  by  superintendent  in  trust;
  preference; release of debtor. 1. After the completion of the  voluntary
  or  involuntary  liquidation of the business and property of any banking
  organization or of the business  and  property  in  this  state  of  any
  foreign  banking  corporation,  the  superintendent may take and hold as
  trustee for the owners thereof any  amounts  which  remain  due  to  and
  unclaimed  by  any creditor, depositor, stockholder, shareholder, bailor
  or depositor of property for hire or otherwise, or lessee of  any  safe,
  vault  or  box. Whenever such amounts are received by the superintendent
  and he is not in possession of the business and property of such banking
  organization or corporation, he shall give his receipt for such  amounts
  and  shall forthwith deposit them in one or more banks, trust companies,
  or savings banks, to the  credit  of  the  superintendent  of  financial
  services  in trust for the persons entitled thereto. In a liquidation by
  the superintendent he shall deposit such amounts in like manner  at  the
  times provided in article thirteen of this chapter.
2.  All  such  deposits  by  the  superintendent  shall be entitled to
  priority  of  payment  in  case  of  the  insolvency  or  voluntary   or
  involuntary  liquidation of the depositary on an equality with any other
  priority given by this chapter.
3. The superintendent shall before the close of each fiscal  year  pay
  into  the  state treasury all interest received by him on such unclaimed
  amounts since the last such payment.
4. Any  banking  organization  or  foreign  banking  corporation  with
  respect  to  which  the superintendent has received unclaimed amounts as
  trustee for the owners  thereof  pursuant  to  the  provisions  of  this
  section  shall,  from  and  after  the  date  when  such  amounts are so
  received, be relieved and held harmless from any and all  liability  for
  any  claim  or  claims  which  exist  at  such time with respect to such
  unclaimed amounts, or which may thereafter be  made  or  may  come  into
  existence on account of or in respect of any such unclaimed amounts, and
  no  action  shall  be  maintained  against  such banking organization or
  corporation  or  any  officer,  partner,  agent,   employee,   attorney,
  shareholder  or  stockholder  thereof  for  the  recovery  of  any  such
  unclaimed amounts, or for interest thereon subsequent  to  the  date  of
  receipt  by  the  superintendent or for damages alleged to have resulted
  from the payment thereof to the superintendent.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 31 - Index of Persons Entitled to Unclaimed Amounts; Payment to Persons Entitled; Deduction of Service Charge.

§ 31.  Index  of  persons  entitled  to  unclaimed amounts; payment to
  persons entitled; deduction of service charge. An index shall be kept in
  the office of the department of the names of all persons  for  whom  the
  superintendent  holds in trust any unclaimed amounts. The superintendent
  may pay over any such amount which he holds in trust amounting  to  over
  three  dollars  to any person who shall show by evidence satisfactory to
  the superintendent that he is lawfully entitled to receive it. In  cases
  of  doubt or conflicting claims, he may require of the claimant an order
  of the supreme court authorizing and directing the payment thereof.  The
  superintendent  shall  be  held  harmless and shall not be liable to any
  subsequent claimant for any payment made by him  in  good  faith.    The
  superintendent  shall  deduct  from  the  amount  of  any claim of fifty
  dollars or more allowed by him or ordered by the  court  to  be  paid  a
  service  charge  of one percentum of the amount thereof, but in no event
  less than one dollar and, in  addition,  any  costs,  disbursements  and
  legal  fees  which  the court may allow. The amount so deducted shall be
  paid into the state  treasury  in  accordance  with  the  provisions  of
  section seventeen of this chapter.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 32 - Insurance of Deposits and Share Accounts.

§ 32. Insurance of deposits and share accounts.
1.  Within  one year from the date this section shall have become law,
every bank, trust company, savings bank, savings  and  loan  association
and  credit union shall obtain insurance of deposits and share accounts,
as the case may be:
(a) from the Federal Deposit Insurance Corporation, in the case  of  a
bank, trust company, savings bank or savings and loan association;
(b)   from   the   Administrator   of   the   National   Credit  Union
Administration, in the case of a credit union; or
(c) in the case of any  such  banking  organization,  from  any  other
insurer  upon  such  terms  and  conditions  as the superintendent shall
approve.
2. No banking organization whose deposit  or  share  accounts  are  so
insured shall hereafter voluntarily terminate such insured status.
3.  Notwithstanding  the  foregoing  provisions  of  this section, the
superintendent shall have the power to promulgate  such  regulations  as
the  superintendent  deems  necessary  and  proper  (a) to implement and
define  the  provisions  of  this  section,  (b)  to  exempt  from   the
requirements  of  this  section  any banking organization which does not
receive deposits or share accounts from the general public, and (c)  for
good  cause shown, to extend for up to two years the period within which
any  banking  organization  must  comply  with   the   requirements   of
subdivision one of this section.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 33 - Reserve Depositaries.

§ 33.   Reserve   depositaries.   The  superintendent  shall,  in  his
discretion, upon the nomination of any bank, trust  company,  industrial
bank,  foreign  banking  corporation  authorized to maintain a branch or
branches in this state or private banker, designate as a depositary  for
its  reserves  on  deposit  a  bank,  trust  company,  private banker or
national bank located in this state, or a  banking  corporation  located
elsewhere  in  the  United States if such banking corporation shall make
such reports as the superintendent may prescribe  and  shall  submit  to
such  examinations  as  he  may  deem  necessary.    No such bank, trust
company, private banker, national bank or banking corporation may  be  a
depositary  of any such reserves unless it shall have a combined capital
and surplus of at least
(1) One million dollars, if located in a borough in this  state  which
has a population of one million five hundred thousand or over;
(2)  Seven hundred and fifty thousand dollars, if located in a borough
in this state which has a population of one million  or  over  and  less
than  one  million  five hundred thousand or in a city in this state not
divided into boroughs which has a population of four hundred thousand or
over;
(3) Five hundred thousand dollars, if located elsewhere in this state;
(4) Two million dollars, if located outside this state.
No bank, trust company, private banker or national bank located  in  a
borough having a population of one million five hundred thousand or over
which  does  not  have  a  combined  capital and surplus of at least two
million dollars, may be a depositary for such reserves unless  it  shall
have  a  combined  capital and surplus greater than the combined capital
and surplus of the bank, trust company, industrial bank, foreign banking
corporation authorized to maintain a branch or branches in this state or
private banker depositing such reserves.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 34 - Superintendent as Attorney to Accept Service of Process.

§ 34.  Superintendent  as  attorney  to  accept  service  of  process.
  Whenever pursuant to any provision of this chapter,  the  superintendent
  shall  have  been  duly appointed attorney to receive service of process
  for  any  individual,   partnership,   unincorporated   association   or
  corporation,  such  service  shall  be  made  by  personally  delivering
  duplicate  copies  of  the  process  to  and  leaving  them   with   the
  superintendent  or any deputy superintendent. Service of process so made
  shall be deemed to have been made within the territorial jurisdiction of
  any court in this state. The  superintendent  or  deputy  superintendent
  shall  forthwith  forward  by  mail,  postage  prepaid,  a copy of every
  process served upon him in accordance with this section, directed to the
  person last designated by such individual,  partnership,  unincorporated
  association  or  corporation  in  accordance with the provisions of this
  chapter to receive such process on his or its behalf. For  each  service
  of process upon the superintendent or a deputy, he shall collect the sum
  of  two dollars, which shall be paid by the plaintiff or moving party at
  the time of such service. The term process when used  in  this  section,
  includes  any  writ, summons, petition or order whereby any suit, action
  or proceeding shall be commenced.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 36-A - Reports of Lending by Banking Organizations.

§ 36-a.   Reports   of   lending   by   banking   organizations.   The
  superintendent may require every banking  organization  to  submit  from
  time  to  time  data  on  its mortgage loans, home improvement loans, or
  other loans and data on its deposits.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 36-B - Preservation of Books and Records.

§  36-b. Preservation of books and records. When any provision of this
  chapter or any rule or regulation adopted pursuant thereto requires that
  books and records be preserved, such requirement  may  be  satisfied  by
  maintenance   of   original   papers   or  other  records,  photographic
  reproductions, or records stored in electronic storage media. As used in
  this chapter, "electronic  storage  media"  means  any  digital  storage
  medium or system that meets the following conditions:
1.  It  must  preserve  the  records  exclusively  in  non-rewritable,
  non-erasable format;
2. It must verify  automatically  the  quality  and  accuracy  of  the
  storage media recording process;
3. It must have the capacity to readily download indexes, metadata and
  records  preserved  on  the  electronic  storage  media  to  any  medium
  acceptable to the superintendent; and
4. It must be immediately readable on equipment at all times available
  to the superintendent for examination of such records.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 37 - Reports to Superintendent.

§ 37.  Reports to superintendent. 1. The superintendent shall at least
  two times in each year designate a past day  as  of  which  every  bank,
  trust   company,   private   banker   and,  in  the  discretion  of  the
  superintendent, a bank holding company and  any  non-banking  subsidiary
  thereof  shall  render a periodical report of condition to him. He shall
  deliver or mail a notice  designating  such  day  to  such  bank,  trust
  company,  private  banker,  bank  holding  company  or  any  non-banking
  subsidiary thereof at its principal office.
3. In addition to any reports expressly required by this chapter to be
  made, the superintendent may require any banking organization,  licensed
  lender,  licensed  casher  of  checks, licensed mortgage banker, foreign
  banking corporation licensed by the superintendent  to  do  business  in
  this state, bank holding company and any non-banking subsidiary thereof,
  corporate  affiliate  of  a  corporate  banking  organization within the
  meaning of subdivision six of section thirty-six of this article and any
  non-banking subsidiary of a corporation  which  is  an  affiliate  of  a
  corporate  banking  organization within the meaning of subdivision six-a
  of section thirty-six of this article to make special reports to him  at
  such times as he may prescribe.
4.  The superintendent, except as otherwise expressly provided in this
  chapter, may prescribe the form and contents of all periodical  and  all
  special reports.
5.  The  superintendent  may  extend at his discretion the time within
  which a banking organization, foreign banking  corporation  licensed  by
  the superintendent to do business in this state, bank holding company or
  any  non-banking subsidiary thereof, licensed casher of checks, licensed
  mortgage banker, private banker or licensed lender is required  to  make
  and file any report to the superintendent.
6.  For  purposes of this section thirty-seven the terms "bank holding
  company" and "non-banking subsidiary" shall be defined as such terms are
  defined in article three-A of this chapter.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 37-A - Submission of Annual Reports by the Holocaust Claims Processing Office.

§   37-a.  Submission  of  annual  reports  by  the  Holocaust  claims
  processing office. The  superintendent  shall  report  annually  to  the
  governor,  the  temporary  president  of  the senate, the speaker of the
  assembly, the chairs of the senate standing committees  on  finance  and
  banks,  and  the  chairs of the assembly standing committees on ways and
  means and banks on the fifteenth of January of each year, a statement of
  condition with respect to the purpose, policies and  activities  of  the
  Holocaust  claims  processing  office.  Such  report  shall  include the
  following information:
1. such offices' operations and accomplishments; and
2. a schedule of expenses  including,  but  not  limited  to  personal
  service  costs,  nonpersonal  service  costs and expenses related to the
  recovery of properties belonging to Holocaust victim survivors.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 38 - Power of Subpoena.

§ 38. Power of subpoena. 1. The superintendent shall have power at all
  times,  either  personally  or by his deputies, including special deputy
  superintendents, or examiners, to subpoena witnesses,  to  compel  their
  attendance,  to administer an oath, to examine any person under oath and
  to require  the  production  of  any  relevant  books  or  papers.  Such
  examination  may  be  conducted  on  any  subject relating to the duties
  imposed upon, or the powers vested  in,  the  superintendent  under  the
  provisions of this chapter. Any corporation, association, partnership or
  individual  which  fails  to  obey  the  command  of  a subpoena without
  reasonable excuse or refuses, without reasonable cause, to be  sworn  or
  to  be  examined  or  to answer a question or to produce a book or paper
  when ordered so to do by the officer duly conducting  such  inquiry,  or
  fails  to  perform  any act required hereunder to be performed, shall be
  guilty of a misdemeanor and shall also be  subject  to  the  compulsions
  provided  by the civil practice law and rules. Any officer participating
  in such inquiry and any person examined as a witness upon  such  inquiry
  who  shall disclose to any person other than the superintendent the name
  of any witness examined or any  other  information  obtained  upon  such
  inquiry,  except as directed by the superintendent, shall be guilty of a
  misdemeanor.
2. In any such investigation before the superintendent or  before  his
  deputy  or  any  other  officer  duly  designated by him to conduct such
  investigation, the superintendent or such deputy or officer  may  confer
  immunity  in  accordance  with  the  provisions  of section 50.20 of the
  criminal procedure law.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 40 - Revocation of Authorization Certificate or License or Suspension of Activities in Certain Cases.

§ 40. Revocation of authorization certificate or license or suspension
  of activities in certain cases. 1. If the superintendent shall find that
  (i)  any  of  the  reasons  for  taking  possession  of the business and
  property of a banking organization or of the business  and  property  in
  this  state  of  a foreign banking corporation enumerated in section six
  hundred six of this chapter, shall  exist  with  respect  to  a  private
  banker   to   which  the  superintendent  has  issued  an  authorization
  certificate or a foreign banking corporation to which the superintendent
  has issued a license or (ii) any fact or condition exists which would be
  grounds for denial of an application for such  a  license  issued  to  a
  foreign  banking  corporation,  as  defined  by  the  superintendent  of
  financial services by regulation,  he  may,  after  notice  and  hearing
  thereon,  revoke  such  license  or authorization certificate. Notice of
  such revocation, under the superintendent's hand and the  official  seal
  of the department, shall be executed in triplicate and one copy shall be
  transmitted to such private banker or foreign corporation, another shall
  be filed in the office of the department and the third shall be filed in
  the  office  of  the  clerk  of  the  county  in which the authorization
  certificate or license of such private banker or foreign corporation has
  been filed. The superintendent may, in his discretion, publish a copy of
  such notice, with such other facts as he may deem proper, in  the  state
  register.
2.  If the superintendent finds that any of the grounds for revocation
  described in subdivision one of this section are present with respect to
  a foreign banking corporation licensed pursuant to this chapter  and  in
  addition  the  superintendent finds it necessary to protect the interest
  of depositors or the  public,  the  superintendent  may  issue,  without
  notice  and  hearing,  an  order  suspending  or  otherwise limiting the
  activities of the foreign banking  corporation,  for  a  period  not  to
  exceed ninety days, pending investigation or hearing.
2023 New York Laws › BNK - Banking › Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers › 45 - Export Finance Awareness Program.

§ 45.  Export finance awareness program. There shall be created within
  the department an export finance awareness program. Such  program  shall
  provide in a manner prescribed by the superintendent, but not be limited
  to, the following:
1.  information  to  all  the various banking corporations principally
  engaged in doing business within the state, about  the  various  methods
  used  by  particular corporations which provide financing for businesses
  engaged in the export of products or services to foreign countries;
2. information to such  banking  corporations  about  other  state  or
  federal  programs  designed  to promote or expedite financing of exports
  that may be of value to them, specifically such  programs  that  may  be
  targeted to the small and medium-size transactions; and
3.  the  use of seminars, workshops, written materials disseminated by
  the  department  or  any  other  methods  the  superintendent  may  deem
  necessary or proper for the provision of such information.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-A - Legislative Intent.

§ 75-a.   Legislative  intent.  The  legislature  hereby  finds  that
  automated teller machines are an integral part of consumers'  lives  and
  that  automated  teller  machines  are  used by millions of New Yorkers,
  statewide, on a daily basis. It is the legislature's  intent  to  ensure
  the   convenience   and  safety  of  automated  teller  machine  use  by
  establishing security measures for automated teller machine facilities.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-C - Security Measures.

§ 75-c.  Security  measures.  Every banking institution shall maintain
the following security measures with respect to each  of  the  automated
teller machine facilities within its dominion and control:
1.  A  surveillance camera or cameras, which shall view and record all
persons entering an automated teller machine facility located within the
interior of a building, or which shall  view  and  record  all  activity
occurring within a minimum of three feet in front of an automated teller
machine  located  outside  a  building and open to the outdoor air. Such
camera or cameras need not  record  banking  transactions  made  at  the
automated  teller machines. The recordings made by such cameras shall be
preserved by the banking institution for at least forty-five days.
2. Adequate lighting.
3. With respect to an indoor automated teller  machine  facility:  (a)
entry  doors  equipped  with  locking devices which permit entry to such
facility only to persons using a magnetic-strip plastic card or  similar
access device.
(b)  To  the  extent  practicable,  as  determined  by  an expert with
competence in such matters and as permitted by local building codes,  at
least  one  exterior  wall  which  provides  an unobstructed view of the
interior of the automated teller machine facility.
(c) A reflective mirror or mirrors, as necessary,  placed  in  such  a
manner as to permit a person entering an indoor automated teller machine
facility to view areas within such facility that are otherwise concealed
to plain view.
(d) A clearly visible sign which, at a minimum, provides the following
information:
(1)  the  activity  of  the automated teller machine facility is being
recorded by a surveillance camera or cameras;
(2) customers should close the entry door completely upon entering and
exiting;
(3) customers should not permit any unknown  persons  to  enter  after
regular banking hours;
(4)  customers  should place withdrawn cash securely upon their person
before exiting the automated teller machine facility;
(5) complaints concerning security in  the  automated  teller  machine
facility  should  be  directed  to  the  banking  institution's security
department or  the  department  of  financial  services,  together  with
telephone  numbers  for  such complaints, and that the nearest available
public telephone  should  be  used  to  call  the  police  if  emergency
assistance is needed.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-D - List of Facilities.

§ 75-d. List of facilities. Any banking institution which operates an
  automated  teller  machine facility shall file a list of such facilities
  with  the  department,  including  the  street  addresses,  intersecting
  streets,  hours  of  operation,  and the telephone number of the banking
  institution's security department.  Such information shall also be filed
  with the department with respect to  each  additional  automated  teller
  machine   facility  within  a  reasonable  time,  as  specified  by  the
  superintendent,  from  the  date  upon  which  such  facility  commences
  operation.   The department shall make such list available on request of
  local law enforcement agencies and other local governmental entities.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-E - Consumer Safety Information.

§ 75-e.  Consumer  safety  information. Upon the original issuance or
  reissuance of an automated teller machine facility  access  device,  the
  issuing  banking  institution  shall  provide its customers with written
  information concerning safety precautions to be employed while using  an
  automated  teller  machine  facility.  Such  written  information  shall
  include, at a minimum, the information described  in  paragraph  (d)  of
  subdivision three of section seventy-five-c of this article.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-F - Enforcement and Statistics.

§ 75-f.  Enforcement  and statistics. 1. The department is authorized
  to enforce this article.
2. Statistics of crimes associated with the use  of  automated  teller
  machine facilities compiled and maintained by any law enforcement agency
  shall  be  made available upon the request of any banking institution or
  the department.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-G - Report of Compliance.

§ 75-g.  Report  of compliance. 1. By the fifteenth day of January and
  July of each year (or the following business day if such day  is  not  a
  business  day),  every banking institution which had an automated teller
  machine facility which was in operation on  the  fifteenth  day  of  the
  preceding  month  shall  submit  a  written  compliance  report  to  the
  department on a form prescribed by the superintendent,  certifying  that
  such  automated  teller  machine  facility  is  in  compliance  with the
  provisions of this article or any variance or exemption  that  has  been
  granted,  or if such facility is not in compliance with such provisions,
  stating  the  manner  in  which  such  facility  fails  to   meet   such
  requirements.  Notwithstanding article three of the state technology law
  or any other law to the contrary, the superintendent  may  require  that
  such  reports  and  any  other reports required by this section shall be
  made by electronic means, unless the superintendent, in his or her  sole
  discretion, grants a waiver of such electronic filing requirements, upon
  good cause shown.
2.  If  any  compliance  report  required  by  subdivision one of this
  section indicates any failure to meet the requirements of this  article,
  such   banking   institution  shall  submit  a  written  report  to  the
  department, on a form prescribed by the superintendent,  no  later  than
  the  eleventh  business day following such compliance report, indicating
  whether each such failure has been corrected and, for any  failure  that
  has  not  been  corrected,  the reason for such failure and the expected
  correction date.   If any such failure shall  not  have  been  corrected
  within ten business days of the filing date of the applicable compliance
  report,  such  banking institution shall, promptly after correcting such
  failure, submit a written report to the  department  with  the  date  or
  dates of each such correction.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-H - Compliance With Local Building Code and All Other Applicable Provisions of Law.

§ 75-h.  Compliance with local building code and all other applicable
  provisions of law. Unless otherwise provided in  this  article,  nothing
  contained  in  this  article shall be construed to exempt or relieve any
  banking institution from complying with all relevant provisions  of  the
  local building code and all other applicable provisions of law.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-I - Facilities Not Subject to This Article.

§ 75-i.    Facilities not subject to this article.  The provisions of
  this article shall not apply to any unenclosed automated teller  machine
  located  in  any  building,  structure or space whose primary purpose or
  function is unrelated to banking activities, including but  not  limited
  to  supermarkets,  airports,  school  buildings,  and  public buildings,
  provided that such automated teller machine shall be available  for  use
  only  during  the regular hours of operation of the building, structure,
  or space in which such machine is located.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-J - Civil Penalties.

§ 75-j.  Civil  penalties.  1.  Any banking institution found to be in
  violation of any provision of section seventy-five-c of this article  in
  a  compliance  report  under  section  seventy-five-g of this article or
  otherwise found by the department to be in violation of any provision of
  section seventy-five-c of  this  article  shall  correct  the  violation
  within ten business days after such finding. Where a banking institution
  fails  to correct any violation of a provision of section seventy-five-c
  of this article within ten business days after the filing of such report
  or a finding of violation by the department, the superintendent may in a
  proceeding after notice and a hearing, require such banking  institution
  to  pay  a  civil penalty in an amount as determined pursuant to section
  forty-four of  this  chapter,  provided,  however,  that  the  aggregate
  penalty  for  all  offenses  with  respect  to  any one automated teller
  machine facility in any one proceeding shall not  exceed  an  amount  as
  determined  pursuant  to  section  forty-four  of  this chapter. For the
  purposes of this article, each violation of  section  seventy-five-c  of
  this article shall be considered a separate and distinct violation.
2.  Any banking institution found to be in violation of the provisions
  of section seventy-five-g of this article shall be liable  for  a  civil
  penalty  in  an amount as determined pursuant to section forty-four-a of
  this chapter for each automated teller  machine  facility  for  which  a
  report  has  not  been  filed.  Any  banking  institution  which makes a
  material false statement  or  material  omission  in  any  report  filed
  pursuant to section seventy-five-g of this article shall be liable for a
  civil   penalty   in   an  amount  as  determined  pursuant  to  section
  forty-four-a of this chapter for each such report.
3. Whenever payment of a civil penalty is required under this article,
  the superintendent shall execute a written order to that effect. A  copy
  of  such  order  shall  be  filed  in the office of the department and a
  second copy shall, within three days of execution, be served  upon  such
  banking  institution  either  personally  or  by registered or certified
  mail, return receipt requested, directed to  the  banking  institution's
  principal  place  of  business. Such order may be reviewed in the manner
  provided by article seventy-eight of the civil practice law  and  rules.
  Such  special  proceedings for review as authorized by such section must
  be commenced within thirty days from the service  of  such  order.  Such
  section  shall  in  no  way  limit  any  of  the  powers  granted to the
  superintendent under any provision of this chapter.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-K - Collection of Penalties.

§ 75-k.  Collection  of  penalties. The superintendent shall have the
  discretion to report to the attorney  general  any  failure,  after  due
  notice,  to  make payments of penalties incurred under this article. The
  attorney general shall, thereupon, in the name of the superintendent, or
  of the people of the state, institute such actions or proceedings as the
  facts may warrant.
2023 New York Laws › BNK - Banking › Article 2-AA - Atm Safety Act › 75-L - Preemption.

§ 75-l.  Preemption. 1. Except as provided in subdivision two of this
  section,  this  article  shall  supersede   and   preempt   all   rules,
  regulations,  codes,  statutes  or  ordinances  of all cities, counties,
  municipalities,  and  local  agencies  regarding  customer   safety   at
  automated teller machine facilities.
2.  To  the  extent that any security measures inconsistent with or in
  addition to the provisions of section seventy-five-c of this article are
  in effect, on the date on which this article becomes a law, in any  city
  having  a  population  of  one  million  or more, pursuant to any rules,
  regulations, codes, statutes or ordinances regarding customer safety  at
  automated  teller  machine  facilities  duly  enacted by such city on or
  before the date on which this  article  becomes  a  law,  such  security
  measures  shall  continue  to  be  required  within such city; provided,
  however, that the enforcement of any such  security  measures  shall  be
  enforced by the superintendent.