Section 121. Reports to directors  


Latest version.
  • The board of directors shall, at least
      once in each year by resolution duly recorded in the minutes,  designate
      an  officer  or  officers  whose duty it shall be to prepare and submit,
      either to each director present at each regular meeting of the board, or
      to each member of an executive committee of not less than  five  members
      of such board, present at a regular meeting of such committee, a written
      report as described in this section. Except as otherwise provided by the
      superintendent  by  regulation,  which  regulation  may define the terms
      contained herein and  establish  such  requirements  according  to  size
      and/or business activities of a bank or trust company, such report shall
      include  all  the purchases and sales of securities, and every discount,
      loan or other advance, including  all  renewals  made  and  the  maximum
      overdraft  permitted  in  each  account,  since  the  date  of  the last
      preceding similar report, describing the collateral to such indebtedness
      as of the date of the report; but such officer or officers may omit from
      such report discounts,  loans  or  advances,  including  overdrafts  and
      renewals,  of  an  amount  less  than  one-half of one per centum of the
      combined capital stock, surplus fund and undivided profits of such  bank
      or  trust  company,  or  less  than  one  thousand dollars, whatever the
      combined capital stock, surplus  fund  and  undivided  profits  may  be.
      Unless  the  superintendent shall provide otherwise by regulation, which
      regulation may define the terms  contained  herein  and  establish  such
      requirements  according  to size and/or business activities of a bank or
      trust company,  such  report  shall  also  contain  a  list  giving  the
      aggregate  of  loans,  discounts  and advances, including overdrafts and
      renewals, to each individual, partnership,  unincorporated  association,
      corporation  or  person whose liability to the bank or trust company has
      been increased, since the date of the last preceding similar  report  to
      an  amount  equal  to  or  more  than  the  amount  above required to be
      reported, and such  report  shall  also  include  any  further  increase
      thereafter provided that the amount of any such increase, either itself,
      or  together  with  other  increases since such loan, discount, advance,
      overdraft or renewal was last reported is equal to more  than  one-tenth
      of  one  per  centum  of  the  combined  capital stock, surplus fund and
      undivided profits of such bank or trust company. Each such report  shall
      also  contain  a description of the collateral to such indebtedness held
      by the bank or trust company as of the date of  the  report  unless  the
      superintendent  shall  provide  otherwise  by regulation. Such aggregate
      liabilities  shall  be  computed  as  provided  in  paragraph   (e)   of
      subdivision  one of section one hundred three of this article. A copy of
      such report, together with a list  of  the  directors  present  at  such
      meeting,  verified  by  the affidavit of the officer or officers charged
      with the duty of preparing and submitting such  report  shall  be  filed
      with  the records of the bank or trust company within five business days
      after such meeting, and be presumptive evidence of the  matters  therein
      stated.