Section 104. Entries in books; restrictions; amortization of securities  


Latest version.
  • 1.
      No bank or trust company shall by any system of accounting or any device
      of bookkeeping, directly or indirectly enter any of its assets upon  its
      books  in  the  name  of  any  individual,  partnership,  unincorporated
      association  or  of  any  other  corporation,  or  under  any  title  or
      designation  that is not truly descriptive thereof, except as authorized
      by the provisions of this article.
        2. The stocks, bonds and other interest-bearing  securities  purchased
      by  a  bank or trust company shall be entered on its books at the actual
      cost thereof, and shall not thereafter be carried upon the  books  at  a
      valuation  exceeding  their  cost  as  adjusted  by amortization for the
      purpose of bringing them to par at maturity except that the same may  be
      carried  at  cost  if appropriate amortization reserve is set up for the
      purpose of bringing them to par at maturity. Where securities  purchased
      at  a  premium  are callable prior to maturity, the rate of amortization
      thereof shall be increased where  necessary  to  such  extent  as  shall
      reduce the amount at which such securities are carried upon the books to
      the  call  price  at  the  date  or dates upon which a call may be made;
      provided, however, that no adjustment for amortization  or  amortization
      reserve  shall  be  required  to  be  made  on the books except when net
      profits are computed.  The  banking  board  may  by  general  regulation
      adopted  by a three-fifths vote of all its members vary the requirements
      of this subdivision to permit the amortization of premiums at  the  same
      rate as that required by federal tax statutes or regulations.
        3. No bank or trust company shall, except with the written approval of
      the  superintendent, enter on its books its real estate and the building
      or buildings thereon, or its fixtures, vaults, furniture and  equipment,
      at  a valuation exceeding the actual cost to such bank or trust company,
      or carry such real estate,  building  or  buildings,  fixtures,  vaults,
      furniture  or  equipment  at  a valuation exceeding the actual cost less
      appropriate allowances for depreciation except  that  the  same  may  be
      carried at cost if appropriate depreciation reserve is set up; provided,
      however, no adjustment for depreciation or depreciation reserve shall be
      required to be made on the books except when net profits are computed.
        4.  Real  estate  acquired by a bank or trust company, other than that
      acquired for use as a place of business, shall be entered on  the  books
      of the bank or trust company in conformity with the method of accounting
      for  troubled  debt  restructurings approved by the financial accounting
      standards boards or such other method of accounting as may be authorized
      or required by rules and regulations of the banking board.
        The  provisions  of  this  subdivision  shall  not,  except   as   the
      superintendent may otherwise require, apply to any parcel of real estate
      as  to  which  the  bank  or  trust  company has exercised its option to
      transfer or convey such real estate to the  veterans  administration  or
      the federal housing commissioner pursuant to insurance or guaranty.
        5.  Every  bank  and  every trust company shall conform its methods of
      keeping its books and records to such orders in respect thereto as shall
      have been made and promulgated by the superintendent pursuant to article
      two of this chapter. Any bank or trust company that refuses or  neglects
      to  obey  such  order  shall  be  subject  to  a penalty in an amount as
      determined pursuant to section forty-four of this chapter for  each  day
      it so refuses or neglects.
        6.  Every bank and every trust company holding any funds or money paid
      into court shall keep records in which it shall make  an  exact  account
      thereof,  including  appropriate  references  to  the  order  or  orders
      pursuant to which such funds are held.