New York Banking Code § 131

Prohibitions against encroachments upon certain powers of banks and trust companies
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§ 131. Prohibitions against encroachments upon certain powers of banks\nand trust companies. 1. No person unauthorized by law shall subscribe to\nor become a member of, or be in any way interested in any association,\ninstitution or company formed or to be formed for the purpose of issuing\nnotes or other evidences of debt to be loaned or put in circulation as\nmoney; nor shall any such person subscribe to or become in any way\ninterested in any bank or trust company or fund created or to be created\nfor the like purposes or either of them. No corporation, domestic or\nforeign, other than a national bank or a federal reserve bank, unless\nexpressly authorized by the laws of this state, shall employ any part of\nits property, or be in any way interested in any fund which shall be\nemployed for the purpose of receiving deposits, making discounts,\nreceiving for transmission or transmitting money in any manner\nwhatsoever, or issuing notes or other evidences of debt to be loaned or\nput into circulation as money, except that a small business investment\ncompany as defined in and operating pursuant to the provisions of an act\nof congress entitled "Small Business Investment Act of 1958," may act as\ndepository or fiscal agent of the United States when so designated by\nthe secretary of the treasury without violating the provisions of this\nsection, except that a corporation duly licensed by the superintendent\nunder article thirteen-B of this chapter or therein expressly excepted\nfrom the application of said article may engage in the business of\nselling or issuing checks or the business of receiving money for\ntransmission or transmitting the same and except that services of an\nagent or representative may be performed in connection with the\nobligations of issuers where each such marketable obligation has a face\nvalue of not less than one hundred thousand dollars. The discounting of\nbills, notes or evidences of debt by a corporation organized solely for\nthe purpose of enabling producers of farm, dairy, horticultural or other\nagricultural products or cooperative corporations of such producers to\navail themselves of the provisions of an act of congress approved March\nfourth, nineteen hundred and twenty-three, known as the agricultural\ncredits act of nineteen hundred and twenty-three, same being subchapter\nthree of chapter seven of title twelve of the code of laws of the United\nStates as adopted by congress January third, nineteen hundred\nthirty-five, and amendments thereto, where such discounting is solely in\nconnection with the rediscount of such bills, notes or evidences of debt\nunder the provisions of said act of congress shall not be deemed or\nconstrued to be a form of banking, nor shall the making of such\ndiscounts be deemed to violate any provisions of law pertaining to\nbanking. Except as otherwise provided in article twelve-D of this\nchapter, engaging in the business of loaning money in this state on\nbonds, notes or other evidences of indebtedness, secured by deeds of\ntrust or mortgages upon real property or personal property situated in,\nupon or appurtenant thereto, and/or purchasing of or otherwise acquiring\nexisting bonds, notes or other evidences of indebtedness, deeds of trust\nor mortgages of or upon such properties, or any interest therein, and\nthe holding of the same, or the endorsing, selling, assigning,\ntransferring or disposing of the same to another corporation, by a\ndomestic business corporation, or by a foreign corporation which is\nauthorized to transact business in this state, shall not be deemed or\nconstrued to violate any of the provisions of this chapter. The purchase\nor other acquisition on original issue or subsequent transfer for less\nthan the principal amount thereof or otherwise at a discount of any\nevidences of indebtedness or other obligations for the payment of money\nshall not by reason of such discount be or be deemed to be a violation\nof the provisions of this secti

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