§ 105. Branch offices; prohibition against doing business at\nunauthorized places. 1. (a) No bank or trust company or officer,\ndirector, agent or employee thereof, shall transact any part of its\nusual business of banking at any place other than its principal office,\nexcept that a bank or trust company may open and occupy one or more\nbranch offices at any location in the state, provided: (i) that the\nrequirements of section twenty-nine of this chapter are met and (ii)\nthat, except for the city or village in which its principal office is\nlocated, in no event shall a branch be opened and occupied pursuant to\nthis subdivision in a city or village with a population of fifty\nthousand or less in which is already located the principal office of\nanother bank, trust company or national banking association, other than\na bank holding company, if such bank holding company is a banking\ninstitution, or a banking subsidiary of a bank holding company (as such\nterms "bank holding company", "banking institution" and "banking\nsubsidiary" are defined in section one hundred forty-one of this\nchapter) except that the definition of "bank holding company" is\nmodified to change the phrase "a banking institution" wherever it\nappears therein to "two or more banking institutions" and the definition\nof "banking institution" is modified to add a national banking\nassociation, the principal office of which institution is located in\nthis state, except, in the case of a conversion pursuant to the\nprovisions of this article, branch offices occupied immediately prior\nthereto or except for the purpose of acquiring by merger, sale or\notherwise the business and property of a bank, trust company or national\nbanking association, whether in liquidation or doing business in the\nusual course.\n (b) An office of an affiliated bank at which the customers of a bank\nor trust company may make deposits, renew time deposits, make\nwithdrawals, close loans, service loans, and receive payments on loans\nand other obligations shall not be deemed a branch office of such bank\nor trust company. For the purposes of this section, the term "affiliated\nbank" means any bank, as such term is defined in section 3(a)(1) of the\nFederal Deposit Insurance Act (12 U.S.C. 1813(a)(1)), that is a\nsubsidiary of the same bank holding company, as that term is defined in\nsection 2 of the Bank Holding Company Act (12 U.S.C. 1841).\n 2. Hereafter before any branch or branches shall be opened and\noccupied pursuant to subdivision one of this section the superintendent\nshall have given his written approval as provided in article two of this\nchapter.\n 3. (a) Any bank or trust company may with the written approval of the\nsuperintendent, open and occupy a branch office or branch offices in one\nor more places located without the state of New York, either in the\nUnited States of America or in foreign countries.\n (b) If any bank or trust company has opened and occupied a branch\noffice in a foreign country pursuant to the provisions of paragraph (a)\nof this subdivision, it may, unless otherwise advised by the\nsuperintendent, open and occupy an additional branch office or branch\noffices in such country without having to apply for the approval of the\nsuperintendent, provided that it gives the superintendent notice of at\nleast thirty days (or such shorter period as the superintendent in\nindividual cases may approve) before opening and occupying any such\nadditional branch office.\n 4. The term "village" as used in this section shall mean either an\nincorporated or an unincorporated village.\n 5. (a) A bank or trust company may, if the merger or asset acquisition\nis permitted by law, and if the merger or asset acquisition agreement so\nprovides, maintain as a branch office or branch offices or trust office\nor trust offices, the place or places of business of any bank, trust\ncompany, safe deposit company, national banking association,\nout-of-state state bank or ou
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