Section 143. Limitations on directors, officers and employees  


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  • 2.  Every  director  of  a  bank  holding  company who is contingently
      obligated on any loan or other extension of credit  made  by  a  banking
      subsidiary  of  the  bank holding company of which he is a member of the
      board of directors to any other individual, partnership,  unincorporated
      association  or  corporation,  shall  file  a statement of his financial
      condition with such bank holding company at least once in each year  and
      at  such other times as the superintendent may require. This subdivision
      two shall not apply with respect  to  directors  whose  obligations  are
      secured  by  collateral  having  an ascertained market value of at least
      fifteen per centum more than the amount of such obligations.
        3. (a) No executive officer of  a  bank  holding  company  may  be  an
      executive  officer  or  director of another bank holding company or of a
      bank or trust company,  savings  bank,  savings  and  loan  association,
      national   bank   located  in  this  state,  federal  savings  and  loan
      association  located  in  this  state  or  foreign  banking  corporation
      maintaining  a branch in this state, unless permission therefor has been
      granted by the banking board pursuant to the provisions of paragraph (b)
      of this subdivision, except that an executive officer of a bank  holding
      company  may  be  (i) an executive officer and (ii) a director of one or
      more  banking  institutions  or  bank  holding   companies   which   are
      subsidiaries  of  such  bank holding company; provided, however, that an
      executive officer of a bank holding company, who on the  effective  date
      of  this act is an executive officer or director of another bank holding
      company or of a bank or trust company, or of a savings bank, savings and
      loan association, national bank located in this state,  federal  savings
      and   loan   association  located  in  this  state  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.
        (b) 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 bank holding company to be at the same time an
      executive officer, director or trustee or both an executive officer  and
      a  director or a trustee of another bank holding company or of a bank or
      trust company, savings bank, savings and loan association, national bank
      located in this state, federal savings and loan association  located  in
      this  state  or 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 a  reasonable  notice
      and  an  opportunity to be heard, that the public interest requires such
      revocation.
        (c) For the purposes of  this  subdivision,  the  terms  "subsidiary",
      "banking institution" and "bank holding company" shall each be given the
      same  meaning  as is contained in their respective definition in section
      one hundred forty-one of this chapter, except  that  the  definition  of
      "bank  holding  company" 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.
    
        (d)  All other restrictions and limitations imposed by this chapter on
      executive  officers  and  directors  of  bank  holding  companies  shall
      continue in effect.