Section 381. Power to take and hold real estate; restrictions  


Latest version.
  • 1. A savings
      and loan association may take, hold and convey real property as follows:
      (a) A plot whereon there is or may be erected a  building  suitable  for
      the  convenient  transaction of its business, from portions of which not
      required for its own use a revenue may be derived, and  a  plot  whereon
      parking  accommodations  are,  or  are  to be, provided, with or without
      charge, primarily for its customers or employees or both; provided  that
      the  aggregate of all investments of any savings and loan association in
      such plots and buildings or in the bonds and mortgages upon  such  plots
      or  buildings  shall  not  exceed  five per centum of the assets of such
      association except with the approval of the superintendent.
        (b) Such  as  shall  be  conveyed  to  it  in  satisfaction  of  debts
      previously contracted in the course of its business.
        (c)  Such  as  it  shall purchase at sales under judgments, decrees or
      mortgages held by it.
        (d) A whole or part interest in a "project" as defined in the New York
      state urban development corporation act, pursuant  to  sections  six  or
      eight  of  such act. An investment by an association in a single project
      shall not exceed one per centum of the assets or ten per centum  of  the
      net  worth  of such association, whichever is less, and the aggregate of
      all investments of an association in such projects  and  investments  in
      securities   pursuant   to   subparagraph  one-a  of  paragraph  (a)  of
      subdivision twenty-one  of  section  two  hundred  thirty-five  of  this
      chapter  shall  not  exceed  five  per centum of the assets or fifty per
      centum of the net worth of such association, whichever is less. For  the
      purposes  of  this subdivision, "net worth" of an association shall mean
      the excess of its assets at book value, less  allocated  reserves,  over
      known liabilities.
        * (e) Improved or unimproved real property (either by purchase, lease,
      exchange  or  otherwise),  or any interest therein, to erect, construct,
      rebuild, enlarge, alter, improve, maintain, manage and operate buildings
      or other improvements  of  any  description  thereon,  to  sell,  lease,
      sublet,  mortgage,  exchange  or  otherwise dispose of same and execute,
      perform  and  carry  out   contracts   for   construction,   alteration,
      improvement, maintenance, management or repair thereof, to make loans in
      connection  therewith,  as owner, co-owner or otherwise, subject to such
      specific or general approvals and limitations as shall  be  required  by
      regulations  promulgated from time to time by the banking board pursuant
      to this paragraph; provided, however, that no activity specified  herein
      shall  be  undertaken  pursuant  to  the  authority  contained  in  this
      paragraph  until  the  banking  board  shall  have  issued   regulations
      specifying  the  limitations  and requirements which shall be imposed in
      connection with the  investments  and  activities  referred  to  herein,
      including,  without  limitation,  the  consideration of such savings and
      loan  association's  record  in  meeting  the  credit  needs  of   local
      communities  within  the  meaning  of  section  twenty-eight-b  of  this
      chapter.
        * NB Expired June 30, 1988
        2. All real estate purchased by any such association or taken by it in
      settlement of debts due it, shall be conveyed to it directly by name or,
      subject to such regulations and restrictions as the banking board  finds
      to  be  necessary  and  proper,  may  be  taken  in  the  name of a duly
      authorized  nominee,  and  the  conveyance   immediately   recorded   or
      registered  in  the office of the proper recording officer of the county
      in which such real estate is located.