reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 104 - Application for a Public Accommodation Office › Section 104.2 - Contents of application

Current through Register Vol. 46, No. 28, July 10, 2024
Application requirements are set forth by the
					 Superintendent of Banks. Forms may be obtained directly from the department,
					 and are available on the department's website (www.banking.state.ny.us).
					 Additional information may be required on a case-by-case
					 basis.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 105 - Application for a Change of Location or a Change of Designation of Principal Office › Section 105.1 - General information

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for approval to change the location of a place of
					 business or to change the designation of a principal office should be submitted
					 by letter application to the superintendent, accompanied by payment of the fee
					 specified in section
					 1.2  of
					 Supervisory Policy G 1 of this Title. Banking organizations subject to article
					 III, VI, X or XI of the Banking Law which seek to change the location of a
					 place of business may utilize an application form in lieu of a letter
					 application. Forms may be obtained directly from the Banking Department, and
					 are available on the Banking Department's web page, in each case as set forth
					 in section
					 1.1  of
					 Supervisory Policy G 1 of this Title. Banking organizations subject to other
					 articles of the Banking Law which seek to change the location of a place of
					 business should submit a letter application setting forth the information
					 required in sections
					 105.2 and
					 105.3  of
					 this Procedure.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 105 - Application for a Change of Location or a Change of Designation of Principal Office › Section 105.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
The application submitted to the New York City of the
					 Banking Department at the address set forth in section
					 1.1  of
					 Supervisory Policy G 1 of this Title, should state the reason for any proposed
					 change, should include addresses of the offices affected by any such proposed
					 change, and should be accompanied by a copy of the resolution of the board of
					 directors/trustees authorizing such application. (Banking organizations subject
					 to article III, VI or X of the Banking Law eligible for the expedited branch
					 application process may submit a statement that a resolution has been passed in
					 lieu of submitting a copy.)
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 105 - Application for a Change of Location or a Change of Designation of Principal Office › Section 105.3 - Additional information

Current through Register Vol. 46, No. 28, July 10, 2024
If the application is for a change of location, the
					 applicant should submit the following:
(a) a statement giving the proposed date for
				  commencement of operations at the new location and:
(1) stating that no lease for the proposed
				  premises will contain a clause prohibiting the landlord from renting space to
				  another banking institution under State or Federal supervision;
(2) stating whether any director, trustee,
				  officer or employee of the applicant has any interest, direct or indirect, in
				  the proposed premises, or in the construction thereof;
(3) estimating the cost of establishing an
				  office at the new location;
(4)
				  confirming that the proposed site has been appropriately zoned to permit the
				  operation of a banking office;
(5)
				  stating whether or not the contemplated expenditures for acquisition of land
				  and buildings, or leasehold improvements, may be incurred within the relevant
				  statutory limits;
(6) indicating
				  the proposed disposition of the present location, if owned, or if leased, the
				  arrangements made to terminate the lease or to sublet the premises;
(7) confirming that the establishment of the
				  office at the proposed location does not conflict with any of the existing
				  provisions of the New York State Historic Preservation Act;
(8) stating that the applicant is aware of
				  and has given due consideration to adopting appropriate security measures in
				  accordance with industry standards; and
(9) confirming that the level of service at
				  the new location will be substantially the same as, or greater than, the level
				  of service presently being offered. (If this is not the case, an explanation
				  should be provided.);
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 105 - Application for a Change of Location or a Change of Designation of Principal Office › Section 105.4 - Confidential information

Current through Register Vol. 46, No. 28, July 10, 2024
(e) In
				  accordance with Supervisory Procedure G 106 (Public Access to Banking
				  Department Records), the entire application and all supporting material are
				  available for public inspection except for confidential material. If the
				  applicant believes that the public availability or disclosure of certain of the
				  information provided would be clearly harmful, such information should be
				  segregated from the public portion and labeled "confidential." The applicant
				  should also state the reasons for any request for confidentiality.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 105 - Application for a Change of Location or a Change of Designation of Principal Office › Section 105.5 - Information required for certain relocations

Current through Register Vol. 46, No. 28, July 10, 2024
The following applies to banking organizations subject to
					 article III, VI or X of the Banking Law: For a planned change of location in
					 which the proposed site is outside the immediate neighborhood of the present
					 office, or the nature of the business of the office or the customers served by
					 the office would be substantially affected, the customers of the office must be
					 given prior notice of the relocation of at least 90 days, in the manner set
					 forth in section
					 112.3  of
					 Supervisory Procedure G 112 (Report of Planned Branch Closing) of this
					 Title.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 106 - Public Access to Banking Department Records (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Banking Law, §§ 12, 36.10;
					 Public Officers Law, §§87, 89
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 108 - Evidence of Compliance with Executive Law, Section 296-a › Section 108.1 - Application of procedure

Current through Register Vol. 46, No. 28, July 10, 2024
The procedure outlined in this section applies to every
					 creditor, as defined in section 292  of the
					 Executive Law, who applies to the superintendent or the banking board for any
					 approval or other action requiring consideration of the public interest and the
					 needs and convenience thereof, or requiring a finding that the financial
					 responsibility, experience, character, and general fitness of the applicant,
					 and of the members thereof if the applicant is a co-partnership or association,
					 and of the officers and directors thereof if the applicant is a corporation,
					 are such as to command the confidence of the community and to warrant belief
					 that the business will be operated honestly, fairly and efficiently. The
					 procedure also applies to all persons, corporations, partnerships or other
					 entities who apply to the superintendent or banking board for the approval of
					 the certificate of organization of a proposed banking organization, as defined
					 in section 2  of the
					 Banking Law, or for the issuance of a license pursuant to the Banking Law. Such
					 applications include, but are not limited to, the following:
(a) application for approval of the
				  organization certificate of a proposed banking organization or private banker's
				  certificate;
(b) application by a
				  foreign corporation for leave to do business in New York as a branch or agency
				  or for renewal of a license therefor;
(c) application for approval of the
				  conversion or merger of a national banking association into a State
				  bank;
(d) application for approval
				  of the purchase of the assets of a national banking association by a bank or
				  trust company;
(e) application for
				  approval of the acquisition and/or exercise of control of a banking
				  organization;
(f) application for a
				  licensed lender license;
(g)
				  application for a sales finance company license;
(h) application for a premium finance agency
				  license;
(i) application for the
				  approval of a merger of two or more banking organizations;
(j) application for a transmitter of money
				  license; and
(k) application for
				  approval to be a bank holding company pursuant to section 141.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 108 - Evidence of Compliance with Executive Law, Section 296-a › Section 108.2 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  filing an application of the type described in section
				  108.1  of
				  this Supervisory Procedure shall certify as follows:
(1) In the case of a creditor, that it is in
				  compliance with and will continue to comply with section 296-a  of the Executive Law.
(2) In the case of persons applying for the
				  approval of an organization certificate or a private banker's certificate or
				  for the issuance of a license, that the proposed banking organization or
				  licensee will comply with section 296-a  of the Executive Law.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 108 - Evidence of Compliance with Executive Law, Section 296-a › Section 108.3 - Supporting documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Except as otherwise provided in subdivisions (b) and (c) of this section every
				  certificate submitted by a creditor pursuant to section
				  108.2(a) 
				  of this Supervisory Procedure shall be accompanied by the affidavit of an
				  officer or, in the case of a non-corporate creditor, of a principal or duly
				  authorized representative, which shall state the action taken by such creditor
				  to insure that it is in compliance with section 296-a  of the Executive Law. Such statement
				  should include, but need not be limited to, a description of training programs
				  for personnel, materials circulated, statements of policy and names of
				  officials charged with overseeing compliance with section 296-a  of the Executive Law, as well as any
				  other evidence which demonstrates such compliance.
(b) If a creditor has filed an affidavit with
				  the Banking Department pursuant to subdivision (a) of this section within the
				  12 months immediately preceding the date on which it files an application for
				  which a certificate is required by section
				  108.2(a) 
				  of this Supervisory Procedure and there has been no change in the facts and
				  circumstances stated in such affidavit, the creditor may so state and may file
				  such statement in lieu of the affidavit required by subdivision (a) of this
				  section.
(c) A creditor may elect
				  to file an affidavit containing the information described in subdivision (a) of
				  this section with the Banking Department at any time. A creditor who has filed
				  such an affidavit within the 12 months immediately preceding the filing of an
				  application for which a certification is required by section
				  108.2(a) 
				  of this Supervisory Procedure may, in connection with such certification and in
				  lieu of filing the affidavit required by subdivision (a) of this section, refer
				  to the affidavit filed pursuant to this subdivision and state that there has
				  been no change in the facts and circumstances stated therein.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 109 - Procedures for Filing of Applications Under Banking Law, Section 32 (Insurance of Deposits and Share Accounts) › Section 109.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The procedure and criteria outlined in this Procedure apply
					 to applications for exemption from the requirements of section 32  of the Banking Law or to applications for
					 extensions of time for compliance with the requirements of section 32  of the Banking Law.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 109 - Procedures for Filing of Applications Under Banking Law, Section 32 (Insurance of Deposits and Share Accounts) › Section 109.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Procedure, the term banking
					 organization means a State-chartered bank, trust company, savings bank, savings
					 and loan association or credit union as these terms are defined by section 2  of the
					 Banking Law.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 109 - Procedures for Filing of Applications Under Banking Law, Section 32 (Insurance of Deposits and Share Accounts) › Section 109.2 - Form of application

Current through Register Vol. 46, No. 28, July 10, 2024
Two copies of a letter application for exemption or
					 extension, signed by a duly authorized officer of the applicant, shall be
					 submitted to the Superintendent, at the address set forth in section
					 1.1  of
					 Supervisory Policy G 1 of this Title. The application must be accompanied by a
					 certified copy of the resolution of the applicant's board of directors or
					 trustees authorizing such application and shall contain the information set
					 forth below. The Banking Board reserves the right to require additional
					 information in connection with the application. The applicant may, of course,
					 submit any information in addition to that required which is deemed pertinent
					 to the application.
(a) Application
				  for exemption. Such an application must set forth the basis of the applicant's
				  claim that it does not receive deposits or share accounts from the general
				  public and documentary or statistical information in support of the claim.
				  Exemptions will not be granted to any banking organization which receives
				  deposits or share accounts from the general public.
(b) Application for extension. Such an
				  application must contain:
(1) A statement of
				  the reasons for the application and any documentary or statistical information
				  available to support them.
(2) A
				  statement as to whether the banking organization has complied with all reserve
				  transfer requirements within the provisions of applicable laws and regulations
				  for the three calendar years immediately preceding the date of the
				  application.
(3) Projected balance
				  sheets and earnings statements covering the period of time for which the
				  extension is requested.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 109 - Procedures for Filing of Applications Under Banking Law, Section 32 (Insurance of Deposits and Share Accounts) › Section 109.3 - Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In determining whether or not to approve an application,
					 the Banking Board shall consider, but not be limited to, the following:
(a) The financial condition of the applicant
				  including asset quality, earnings capacity and surplus or net worth
				  position.
(b) The applicant's
				  management.
(c) Compliance with
				  applicable laws, regulations and generally accepted accounting and operational
				  principles.
(d) Availability of
				  insurance.
(e) Whether an insurance
				  application has been filed and is now pending with an insurer as specified in
				  section
				  32.1  of the
				  Banking Law.
(f) The interests of
				  the public, in general, and the interests of the depositors or shareholders, in
				  particular, and whether approval of the application would serve such
				  interests.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 110 - Requests for Declaratory Rulings › Section 110.1 - Declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
Any person may, in writing submitted in duplicate, request
					 of the Superintendent of Banks a declaratory ruling with respect to:
(a) the application of any regulation or
				  statute enforceable by the superintendent to any person, property or statement
				  of facts; or
(b) whether any action
				  by the superintendent should be taken pursuant to a regulation or
				  rule.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 110 - Requests for Declaratory Rulings › Section 110.2 - Petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Petitions for
				  declaratory rulings shall contain at least the following information:
(1) name and address of petitioner;
(2) a prominently placed caption or notice
				  contained therein that petition is for a declaratory ruling;
(3) a complete and detailed statement of all
				  relevant facts pertaining to the ruling requested by petitioner;
(4) a clear and concise statement of the
				  issue sought to be determined by the ruling requested by petitioner;
(5) precise reference to all statutes,
				  regulations and rules, if known, pertaining to the ruling requested by
				  petitioner; and
(6) citations to
				  all judicial decisions, if known, either in support of or otherwise, pertaining
				  to the ruling requested by petitioner.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 110 - Requests for Declaratory Rulings › Section 110.3 - Disposition of petition

Current through Register Vol. 46, No. 28, July 10, 2024
A petitioner who, after the lapse of 30 days from the date
					 of filing of such petition, shall not have received a declaratory ruling
					 described in section
					 110.1(a) 
					 of this Part may avail himself or herself of the provisions of section 205 of
					 the State Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 110 - Requests for Declaratory Rulings › Section 110.4 - Rulings to be made available to the public

Current through Register Vol. 46, No. 28, July 10, 2024
Petitions, and declaratory rulings responding thereto,
					 shall be made available to the public. Written requests for copies of petitions
					 or rulings should be sent to the address listed in section
					 110.2(b) 
					 of this Procedure.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 111 - Administrative Adjudication Policy and Plan; Procedural Requirements (Repealed) › Section 111.2 - Banking department policy respecting hearing officers; hearing officers' conduct (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 112 - Report of Planned Branch Closings › Section 112.1 - General statement

Current through Register Vol. 46, No. 28, July 10, 2024
This Supervisory Procedure is designed to provide the
					 Superintendent of Banks with detailed information concerning the planned
					 closings of branch offices by State-chartered banking organizations, the
					 availability of alternative financial services within the general area served
					 by such branches, and the economic impact upon the community resulting from
					 such closings, and to provide the superintendent with authority to conduct
					 meetings with banking organizations and community groups in areas where a
					 branch closing is planned. A sale or other transfer of a branch office which
					 does not result in any material reduction in the financial services offered at
					 such location shall not be deemed to be a closing of such branch,
					 notwithstanding the fact that the ownership of such branch has been transferred
					 from a banking organization to another banking institution. Provided that the
					 report and notice are given as required in sections
					 112.2
					 and
					 112.3  of this
					 Procedure, nothing contained in this Procedure shall prevent a banking
					 organization from closing a branch.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 112 - Report of Planned Branch Closings › Section 112.2 - Report to the superintendent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Every banking organization shall submit to the Superintendent of Banks a report
				  of its planned closing of a branch office not less than 90 days nor more than
				  180 days prior to the planned closing. Such report shall be in writing and
				  shall contain:
(1) a statement of the reasons
				  leading to the decision to close the branch;
(2) any statistical or other information in
				  support thereof;
(3) a past (at
				  least three years), present and projected financial analysis of deposits at
				  such branch (giving number of accounts and dollar amount, profits and
				  losses);
(4) a past (at least three
				  years), present and projected financial analysis of profits and losses relating
				  to the loan activity at such branch;
(5) a detailed map of the general area served
				  by such branch, showing the distance and direction of all remaining State- or
				  federally chartered banking institutions within such area and any licensee of
				  the Banking Department which provides financial services of any kind
				  (e.g.,licensed lenders, check cashers); and
(6) a description of any planned limited or
				  full service banking facility to be opened within such area by either the
				  reporting banking organization or, if known to the reporting banking
				  organization, by any other banking institution.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 112 - Report of Planned Branch Closings › Section 112.3 - Notice to customers

Current through Register Vol. 46, No. 28, July 10, 2024
Every banking organization shall give notice to its
					 customers of the planned closing of a branch not less than 90 nor more than 180
					 days prior to the planned date of closing. Such notice shall be accomplished
					 by:
(a) the posting of a notice in a
				  conspicuous place in the branch which is planned to be closed, and leaving such
				  notice in such branch for at least 90 days; and
(b) the inserting of a single notice in the
				  periodic account statement ordinarily mailed to each person who maintains a
				  banking relationship with such banking organization at the branch which is
				  planned to be closed.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 112 - Report of Planned Branch Closings › Section 112.4 - Findings of superintendent; consultations by superintendent

Current through Register Vol. 46, No. 28, July 10, 2024
The superintendent shall make a finding as to whether or
					 not the proposed branch closing will result in a significant reduction of
					 financial services in the community to be affected. Such findings shall be made
					 public. If the superintendent finds that the availability of financial services
					 in the community will be significantly reduced by the closing of the branch
					 office, he shall be authorized to conduct such meetings with banking
					 organizations and community leaders as are necessary, in his judgment, to
					 explore the feasibility of replacing such branch with other adequate banking
					 facilities.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 112 - Report of Planned Branch Closings › Section 112.5 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Procedure:
(a) the words banking organization shall mean
				  and include each bank, trust company, savings bank, and savings and loan
				  association, as those terms are defined in section 2  of the
				  Banking Law;
(b) the words branch
				  office, branch or office shall include principal offices, branch offices, and
				  public accommodation offices, but shall not include convenience centers, mobile
				  teller units, automatic teller machines, point-of-sale terminals or similar
				  facilities;
(c) the words financial
				  services shall mean and include demand and time deposit accounts, check cashing
				  services, deposit and withdrawal transactions, sale of bank or travelers checks
				  and money orders, processing loan applications, acceptance of loan repayments,
				  and any related services; and
(d)
				  the words facility and facilities shall mean and include any building,
				  structure, vehicle, unit, machine or device, permanent or temporary, mobile or
				  stationary, at which financial services of any kind or description are provided
				  or dispensed.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the purpose of this Supervisory
				  Procedure to set forth the procedures and limitations relative to the
				  maintenance and disclosure of personal information under the provisions of
				  article 6-A of the Public Officers Law, the Personal Privacy Protection Law.
				  Unless the context requires otherwise, the terms used herein shall have the
				  same meanings ascribed to them in said article 6-A.
(b) The Banking Department (department) shall
				  maintain in its records only such personal information as is relevant and
				  necessary to accomplish a purpose of the agency required to be accomplished by
				  statute or executive order, or to implement a program specifically authorized
				  by law.
(c) Personal information
				  will be collected, whenever practicable, directly from the person to whom the
				  information pertains.
(d) The
				  department seeks to ensure that all records pertaining to or used with respect
				  to individuals are accurate, relevant, timely and complete.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Secretary of the Banking Board is
				  hereby designated Privacy Compliance Officer and is responsible for ensuring
				  that the department complies with the provisions of the Personal Privacy
				  Protection Law and this Supervisory Procedure and for coordinating the
				  department's response to requests for records or amendment of
				  records.
(b) The address and
				  telephone number of the privacy compliance officer is the New York City office
				  of the Banking Department, at the address and telephone number set forth in
				  section
				  1.1  of
				  Supervisory Policy G 1 of this Title.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  When a request is made in person, or when records are made available in person
				  following a request made by mail, the department may require appropriate
				  identification, such as a driver's license, an identifier assigned to the data
				  subject by the department, a photograph or similar information that confirms
				  that the record sought pertains to the data subject.
(b) When a request is made by mail, the
				  department may require verification of a signature or inclusion of an
				  identifier generally known only by a data subject, or similar appropriate
				  identification.
(c) Proof of
				  identity shall not be required regarding a request for a record accessible to
				  the public pursuant to article 6 of the Public Officers Law, the Freedom of
				  Information Law.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				  be made available at the main office of the department, which is located at:
				  Two World Trade Center, 32nd Floor, New York, NY 10047.
(b) Whenever practicable, records shall be
				  made available at a regional office most convenient to a data subject. Regional
				  offices are located at: 194 Washington Avenue, Albany, NY 12210; 1530 Jefferson
				  Road, Rochester, NY 14623; 333 East Washington Street, Syracuse, NY 13202; and
				  125 Main Street, Room 415, Buffalo, NY 14203.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.5 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall accept requests for records and
					 produce records from 9 a.m. to 4 p.m. Monday through Friday.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  requests shall be made in writing.
(b) A request shall reasonably describe the
				  record sought. Whenever possible, the data subject should supply identifying
				  information that assists the department in locating the record
				  sought.
(c) Within five business
				  days of the receipt of a request, the department shall either:
(1) provide access to the record;
(2) deny access in writing, explaining the
				  reasons therefor; or
(3)
				  acknowledge the receipt of the request in writing, stating the approximate date
				  when the request will be granted or denied, which date shall not exceed 30 days
				  from the date of the acknowledgment.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.7 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from a data subject
					 for correction or amendment of a record or personal information that is
					 reasonably described and that pertains to the data subject, the department
					 shall either:
(a) make the amendment
				  or correction in whole or in part and inform the data subject that, on request,
				  such correction or amendment will be provided to any person or governmental
				  unit to which the record or personal information has been or is disclosed
				  pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law; or
(b) inform the data subject in writing of its
				  refusal to correct or amend the record, including the reasons
				  therefor.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.8 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Denial of a request for records or amendment or correction of a record or
				  personal information:
(1) shall be in
				  writing, explaining the reasons therefor; and
(2) identifying the person to whom an appeal
				  may be directed.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.9 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  denied access to a record or denied a request to amend or correct a record or
				  personal information pursuant to section
				  114.8 
				  of this Supervisory Procedure may, within 30 days of such denial, appeal to the
				  First Deputy Superintendent of Banks.
(b) The time for deciding an appeal shall
				  commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				  record or amendment or correction of a record or personal
				  information;
(2) the record that is
				  the subject of the appeal; and
(3)
				  the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.10 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				  personal information is denied in whole or in part upon appeal, the department
				  shall inform the data subject of the right to:
(1) file with the department a statement of
				  reasonable length setting forth the data subject's reasons for disagreement
				  with the determination; and
(2)
				  request that such a statement of disagreement be provided to any person or
				  governmental unit to which the record has been or is disclosed pursuant to
				  paragraph (d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				  otherwise prescribed by statute, copies of records shall be provided for the
				  fee per page specified in section
				  1.2  of
				  Supervisory Policy G 1 of this Title.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › General › Supervisory Procedure 114 - Access to Personal Information › Section 114.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Supervisory Procedure or the
					 application thereof to any person or circumstance is adjudged invalid by a
					 court of competent jurisdiction, such judgment shall not affect or impair the
					 validity of the other provisions of this Supervisory Procedure or the
					 application thereof to other persons and circumstances.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Policy 1 - Chartering Policy for Banks and Trust Companies › Section 1.1 - General statement

Current through Register Vol. 46, No. 28, July 10, 2024
The Banking Board is prepared to charter State banks with
					 or without fiduciary powers, provided:
(a) the proposed bank or trust company will
				  promote in a demonstrable and significant way the convenience and advantage of
				  the public; and (b) the proposed management commands confidence and warrants
				  the belief that the business of the bank or trust company will be honestly and
				  efficiently conducted in accordance with the intent and purpose of the New York
				  Banking Law.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Policy 1 - Chartering Policy for Banks and Trust Companies › Section 1.2 - Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To enhance the likelihood of success of a proposed new bank
					 or trust company, the Banking Board requires:
(a) the employment of top management
				  personnel having substantial and satisfactory experience in general commercial
				  bank operations, if the proposed institution will offer significant banking
				  services;
(b) if a trust company is
				  to be chartered, the employment of top management personnel having substantial
				  and satisfactory experience in fiduciary operations;
(c) insurance of deposits by the Federal
				  Deposit Insurance Corporation; and
(d) capital funds of not less than $1.2
				  million.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Policy 1 - Chartering Policy for Banks and Trust Companies › Section 1.3 - Limited purpose organizations

Current through Register Vol. 46, No. 28, July 10, 2024
The Banking Board is receptive to chartering proposals for
					 either a bank or a trust company under which significant commercial bank
					 services may or may not be offered to the public. In the case of a trust
					 company which would not offer significant commercial bank services, proponents
					 must demonstrate to the satisfaction of the Banking Board that public
					 convenience and advantage would be promoted by the proposed new facility. Any
					 approval of such charter will be conditioned upon such restrictions on doing
					 business that the Banking Board shall deem necessary and proper to achieve the
					 purposes set forth.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Procedure 101 - Conversion of National Banking Association to State Charter › Section 101.1 - General information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  national banking association which seeks to convert itself into a
				  State-chartered bank or trust company (hereinafter referred to as "the State
				  bank") pursuant to Banking Law, section
				  136, should, after complying with section
				  101.2 
				  of this Procedure, submit to the superintendent a letter application which
				  meets the requirements of section
				  101.3  of this
				  Supervisory Procedure.
(b)
				  Following submission of the application, the superintendent may require an
				  examination of the national banking association by State bank examiners before
				  he acts on the application.
(c)
				  Approval of the conversion will be conditioned upon either the continuance by
				  the Federal Deposit Insurance Corporation of insurance of the applicant's
				  deposit accounts to the extent permitted by Federal law or, in the case of a
				  national banking association that does not accept deposits from the general
				  public, the grant by the Banking Board, pursuant to Banking Law, section
				  32, of a waiver of the deposit insurance
				  requirement.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Procedure 101 - Conversion of National Banking Association to State Charter › Section 101.2 - Meeting of stockholders; clearance of name

Current through Register Vol. 46, No. 28, July 10, 2024
Before an application for conversion is submitted:
(a) the plan of conversion should be approved
				  by the vote, in person or by proxy, of the holders of at least 662/3 percent of
				  each class of capital stock of the national banking association at a meeting
				  held in accordance with the requirements of Federal law,[FN*] and (b) the name
				  proposed for the State bank should be submitted to the superintendent for his
				  prior approval.
[FN*]
					 12
					 U.S.C. §
												214(a).
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Procedure 101 - Conversion of National Banking Association to State Charter › Section 101.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Six copies of
				  the letter of application, together with the number of copies specified in
				  section
				  101.4  of this
				  Procedure for the documents therein described, should be submitted to the
				  superintendent, at the address set forth in section
				  1.1  of
				  Supervisory Policy G 1 of this Title, accompanied by payment of the fee
				  specified in section
				  1.2  of
				  Supervisory Policy G 1 of this Title. The letter of application should include:
(1) the name and address of the officer to
				  whom all communications from the Banking Department should be
				  addressed;
(2) the dates or
				  proposed dates of filing such documents as may be required with the Comptroller
				  of the Currency, the Board of Governors of the Federal Reserve System or the
				  Federal Deposit Insurance Corporation; and
(3) a request for permission to retain a
				  larger number of directors than the number authorized for State-chartered banks
				  and trust companies pursuant to Banking Law, section
				  7002, if the number of directors of the
				  national banking association exceeds such number and the applicant seeks to
				  retain one or more directors in excess of the number so authorized.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Procedure 101 - Conversion of National Banking Association to State Charter › Section 101.4 - Documents required

Current through Register Vol. 46, No. 28, July 10, 2024
The following documents should be submitted as part of the
					 application:
(a) Five executed copies
				  of the plan of conversion, signed in accordance with section 1003 (4)  of the Banking
				  Law, setting forth the terms and conditions of the conversion, the mode of
				  carrying it into effect and the names of the persons proposed as the principal
				  officers of the State bank. (Pursuant to Banking Law, section 105[5][a], such
				  plan should stipulate which offices of the converted institution will be
				  continued by it and show the officially designated address of each such
				  office.)
(b) Five executed copies
				  of the organization certificate in the form required by Banking Law, section
				  4001.
(c) Minutes of the meeting of stockholders of
				  the national banking association authorizing the conversion, including the
				  notice of meeting and proxy material submitted to stockholders, certified by
				  the presiding officer and the secretary of the meeting and otherwise in
				  accordance with the requirements of Federal law.[FN*]
(d) Five executed copies of a certification
				  by the president, secretary or cashier of the national banking association that
				  all steps have been taken which are necessary under Federal law to consummate
				  the conversion.
[FN*]
					 12
					 U.S.C. §
												214(a).
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Procedure 101 - Conversion of National Banking Association to State Charter › Section 101.5 - Additional documents

Current through Register Vol. 46, No. 28, July 10, 2024
The following additional documents should be submitted to
					 the superintendent as they become available:
(a) Copies of all approvals and notices
				  required by Federal law and regulations in connection with the
				  conversion.
(b) Opinions of counsel
				  for the applicant as to compliance with all requirements of Federal and State
				  law in connection with the conversion.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Procedure 102 - Amendments to Organization Certificate › Section 102.1 - General information

Current through Register Vol. 46, No. 28, July 10, 2024
A bank, trust company, safe deposit company,[FN*]
					 investment company* or mutual trust investment company* proposing to amend its
					 organization certificate pursuant to Banking Law, Article XV, should submit a
					 letter application to the superintendent and stating the reasons
					 therefor.
[FN*] Reference is made to Tax Law, section
					 180,
					 regarding the tax imposed on such institutions for increases in capital
					 stock.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Procedure 102 - Amendments to Organization Certificate › Section 102.2 - Initial submission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  letter application should be accompanied by a certified copy of a resolution of
				  the applicant's board of directors authorizing the proposed amendment, subject
				  to stockholder approval, and designating the officer or officers to sign all
				  documents and take all necessary action to accomplish the proposed
				  amendment.
(b) As soon as
				  practicable after submission of the letter application, two copies of each of
				  the following documents should also be forwarded to the superintendent:
(1) draft-notice of meeting, proxy and any
				  other material to be mailed to stockholders;
(2) letter, signed by a duly authorized
				  officer, as to compliance with Banking Law, section
				  6009(9) (relating to
				  persons disqualified to act as proxies);
(3) draft-resolutions to be presented to the
				  stockholders at the meeting [FN+] authorizing the proposed amendment and the
				  execution and delivery to the superintendent of the certificate of amendment
				  and any other necessary documents; and
(4) draft-certificate of amendment in form
				  prescribed by Banking Law, section
				  8005(1).
[FN+] If stockholder approval is to be obtained by written
					 consent pursuant to Banking Law, section
					 6015, then a draft of such consent should
					 be submitted.
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Commercial Banks › Supervisory Procedure 102 - Amendments to Organization Certificate › Section 102.3 - Approval; delivery of executed documents

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of notice from the department that the
					 superintendent has approved the application in principle, the applicant should
					 proceed to obtain the approval of its stockholders. After such approval, the
					 following documents should be submitted to the superintendent:
(a) two copies of the notice of meeting,
				  proxy and other material mailed to the applicant's stockholders, certified by
				  its secretary as being in the form mailed to the stockholders;
(b) two copies of the resolutions of the
				  applicant's stockholders, certified by its secretary as being in the form
				  adopted by the stockholders; and
(c) five copies of the certificate of
				  amendment, in the form approved by the stockholders, executed and verified as
				  prescribed by Banking Law, section
				  1003(4).