Laws of New York (Last Updated: November 21, 2014) |
BNK Banking |
Article 10. SAVINGS AND LOAN ASSOCIATIONS |
Section 399-A. Restrictions on holding of certain offices by executive officers of federal savings and loan associations
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1. No executive officer of a federal savings and loan association located in this state may be an executive officer, director or trustee of a savings and loan association, bank or trust company, savings bank, bank holding company or foreign banking corporation maintaining a branch in this state, unless permission therefor has been granted by the banking board pursuant to subdivision two of this section, except that an executive officer of a federal savings and loan association located in this state may be (1) an executive officer and (2) a director of a trust company owned by savings and loan associations or federal savings and loan associations located in this state, pursuant to section three hundred seventy-nine-a of this chapter, if one of the stockholders of such trust company is the federal savings and loan association of which he is an executive officer; provided, however, that, except as stated in the foregoing exceptions, an executive officer of a federal savings and loan association located in this state, who on the effective date of this act is an executive officer, director or trustee of a savings and loan association, bank or trust company, savings bank, bank holding company or foreign banking corporation maintaining a branch in this state, may continue to hold such other office without permission from the banking board, until the expiration of the term of such office or the close of business on the last day of December, nineteen hundred seventy-four, whichever occurs sooner. 2. The banking board shall have the power to determine by regulation who shall be considered, under the provisions of this subdivision, to be an executive officer, and by a general or specific regulation, upon a three-fifths vote of all its members, to grant permission to an executive officer of a federal savings and loan association located in this state, to be at the same time an executive officer, director or trustee, or both an executive officer and a director or trustee of a savings and loan association, bank or trust company, savings bank, bank holding company, and foreign banking corporation maintaining a branch in this state. Such permission may be granted only if in the judgment of the banking board such service by the executive officer will be consistent with the policy of the state of New York as declared in section ten of this chapter. The banking board shall have the power to revoke such permission by a like vote whenever it finds, after reasonable notice and an opportunity to be heard, that the public interest requires such revocation. 3. For the purposes of this subdivision, the term "bank holding company" shall be given the same meaning as is contained in section one hundred forty-one of this chapter, except that the definition is modified by deleting the phrase "each of two or more" and substituting the word "institution" for "institutions", and the definition of the term "banking institution" is modified to include a foreign banking corporation maintaining a branch in this state. 4. All other restrictions and limitations imposed by this chapter on executive officers and directors of federal savings and loan associations located in this state, shall continue in effect.