New York Banking Code § 14

Additional powers of the superintendent
Open in Lexace · Ask the AI about this section
§ 14. Additional powers of the superintendent. 1. For the purpose of\neffectuating the policy declared in section ten of this article, without\nlimiting any other powers that the superintendent is permitted by law to\nexercise, the superintendent shall have the power to make, alter and\namend orders, rules and regulations not inconsistent with law. Such\norders, rules and regulations shall be brought to the attention of those\naffected thereby in a manner prescribed by law. Without limiting the\nforegoing power, orders or rules or regulations may be so adopted for\nthe following specific purposes:\n  (a) To approve organization certificates and articles of association,\nprivate bankers' certificates and applications of foreign corporations\nfor licenses to do business in this state, as provided in this article.\n  (b) To determine the purposes for which and the extent to which\ncapital notes or debentures shall be considered and treated as capital\nstock of corporate banking organizations; but capital notes or\ndebentures shall not be considered or treated as capital stock for the\npurposes of sections one hundred ten and one hundred eleven of this\nchapter.\n  (c) To grant permission to a trust company, including a national bank,\nto establish one or more common trust funds upon application and after\ninquiry concerning the qualifications of such trust company to maintain\nand manage the same, and to regulate the conduct and management of any\ncommon trust fund and for such purpose, but not by way of limitation of\nthe foregoing power, to prescribe (1) the records and accounts to be\nkept of such common trust funds; (2) the procedure to be followed in\nadding moneys to or withdrawing moneys or investments from any such\ncommon trust fund; (3) the methods and standards to be employed in\ndetermining the value of such common trust funds and of the assets and\ninvestments thereof; (4) the maximum amount of moneys of any estate,\ntrust or fund which may be invested in any common trust fund; and (5)\nthe maximum proportionate share of any such common trust fund which may\nbe apportioned to any estate, trust or fund; and in connection with such\npowers to classify the corporations maintaining such common trust funds\naccording to the population of the city, town or village in which the\nprincipal offices of such corporations are respectively located and to\nprescribe the minimum total of any such common trust fund and the\npermissible limits of investment therein in accordance with such\nclassification.\n  (cc) To approve the incorporation by or on behalf of trust companies\nand national banks with trust powers of a mutual trust investment\ncompany to form a medium for the common investment of funds held by\ntrust companies, including national banks, acting as executors,\nadministrators, guardians, inter-vivos or testamentary trustees or\ncommittees or conservators either alone or with individual\nco-fiduciaries, and any amendments of the certificate of incorporation\nof such mutual trust investment company, and to regulate the conduct and\nmanagement of such mutual trust investment company and for such purpose,\nbut not by way of limitation of the foregoing power, to prescribe (1)\nthe records and accounts to be kept by such mutual trust investment\ncompany; (2) the procedure to be followed in the sale or redemption of\nstocks or shares therein; (3) the methods and standards to be employed\nin determining the value of such shares in the mutual trust investment\ncompany and the assets and investments thereof; and (4) the maximum\nproportionate shares of any such mutual trust investment company which\nmay be apportioned or sold to any one trust company or national bank.\n  (d) To authorize a bank or a trust company to invest in the capital\nstock of, or any other equity interest in, any corporation, partnership,\nunincorporated association, limited liability company, or other entity\nnot included among the corporations or other enti

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.