Section 40. Revocation of authorization certificate or license or suspension of activities in certain cases  


Latest version.
  • 1. If the superintendent shall find that  (i)  any  of  the  reasons  for  taking  possession  of the business and
      property of a banking organization or of the business  and  property  in
      this  state  of  a foreign banking corporation enumerated in section six
      hundred six of this chapter, shall  exist  with  respect  to  a  private
      banker   to   which  the  superintendent  has  issued  an  authorization
      certificate or a foreign banking corporation to which the superintendent
      has issued a license or (ii) any fact or condition exists which would be
      grounds for denial of an application for such  a  license  issued  to  a
      foreign  banking  corporation,  as  defined  by  the  banking  board  by
      regulation, he may,  after  notice  and  hearing  thereon,  revoke  such
      license  or  authorization certificate. Notice of such revocation, under
      the superintendent's hand and the official seal of the department, shall
      be executed in triplicate and one copy  shall  be  transmitted  to  such
      private  banker  or  foreign  corporation, another shall be filed in the
      office of the department and the third shall be filed in the  office  of
      the  clerk  of  the  county  in  which  the authorization certificate or
      license of such private banker or foreign corporation  has  been  filed.
      The  superintendent  may,  in  his  discretion,  publish  a copy of such
      notice, with such other facts as  he  may  deem  proper,  in  the  state
      register.
        2.  If the superintendent finds that any of the grounds for revocation
      described in subdivision one of this section are present with respect to
      a foreign banking corporation licensed pursuant to this chapter  and  in
      addition  the  superintendent finds it necessary to protect the interest
      of depositors or the  public,  the  superintendent  may  issue,  without
      notice  and  hearing,  an  order  suspending  or  otherwise limiting the
      activities of the foreign banking  corporation,  for  a  period  not  to
      exceed ninety days, pending investigation or hearing.