Section 130. Restrictions on officers, directors and employees  


Latest version.
  • 1. No
      officer, director, clerk or other employee of any bank or trust company,
      and no person in any way interested or concerned in  the  management  of
      its  affairs,  shall, acting on his own behalf or for any partnership or
      unincorporated  association  of  which  he  is  a  member  or  for   any
      corporation,  of  which  he  owns  or controls a majority of the capital
      stock, discount, or directly or indirectly make any loan upon, any  note
      or  other  evidence of debt which he shall know to have been offered for
      discount to such bank or trust company, and to have been refused.  Every
      person  violating  the  provisions  of  this subdivision shall, for each
      offense, forfeit to the people of the state twice the amount of the loan
      which he shall have made.
        2. No officer, director, clerk or other employee of any bank or  trust
      company  shall, directly or indirectly, purchase or be interested in the
      purchase of any promissory note or other evidence of debt issued  by  it
      on  terms  more  favorable  than  those available to the general public,
      provided, however, that every director,  and  every  officer,  clerk  or
      other  employee  who is a stockholder of such bank or trust company, may
      purchase promissory notes or other evidences of debt issued by it in the
      same ratio as to amount and on the same terms as any other stockholder.
        3. (a) No executive officer of a bank  or  trust  company  may  be  an
      executive officer, director or trustee of another 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,
      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 the provisions of  subparagraph  (b)  of  this
      subdivision,  except  that  (1)  an executive officer of a bank or trust
      company which is a subsidiary of a bank holding company may  be  (i)  an
      executive officer and (ii) a director of the bank holding company and of
      one  or  more  banking  institutions which are subsidiaries of such bank
      holding company; and (2) an executive officer of a bank or trust company
      owned by savings banks pursuant to subdivision eighteen of  section  two
      hundred  thirty-five,  or  by  savings  and loan associations or federal
      savings and loan associations located in this state pursuant to  section
      three hundred seventy-nine-a, may be (i) an executive officer and (ii) a
      director  or  trustee of one of the stockholders of such a bank or trust
      company of which he is an executive  officer;  provided,  however,  that
      except  as stated in the foregoing exceptions, an executive officer of a
      bank or trust company, who on the effective  date  of  this  act  is  an
      executive officer, director or trustee of another 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,
      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.
        (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 or trust company to be an executive officer,
      director  or  trustee  or  both  an  executive officer and director or a
      trustee of another 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, bank holding company, 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 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  banks and trust companies shall
      continue in effect.
        5. Every director of a bank or trust company who is obligated  on  any
      loan  or other extension of credit made by such bank or trust company to
      such director or to any other  individual,  partnership,  unincorporated
      association  or  corporation,  shall  file  a statement of his financial
      condition with such bank or trust company at least once in each year and
      at such other times as the superintendent may require. This  subdivision
      shall not apply 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. The superintendent shall  have  the
      power  to  determine  by  regulation what shall be considered, under the
      provisions of this subdivision, to be a loan or an extension of credit.
        6. If any officer of a bank or trust company becomes indebted  to  any
      domestic  or  foreign banking organization, other than the bank or trust
      company of which he is an officer, or becomes indebted  to  any  banking
      institution  organized  under  the  laws  of the United States, he shall
      within ten calendar days after he becomes so  indebted  make  a  written
      report  to  the board of directors of the bank or trust company of which
      he is an officer, stating the date  and  amount  of  any  such  loan  or
      indebtedness,  and  the  security therefor. In addition to the foregoing
      reports he shall render written reports of such  other  indebtedness  as
      the  board  of  directors of the bank or trust company may by resolution
      require of its officers. The superintendent  shall  have  the  power  to
      determine  by  regulation  who  shall  be considered an officer and what
      shall be considered a loan or indebtedness under the provisions of  this
      subdivision.
        The  provision  of  this  subdivision  shall  not be applicable if the
      amount of the indebtedness does not exceed  an  amount  which  shall  be
      determined by the superintendent.
        7. (a) Every person who is directly or indirectly the beneficial owner
      of  more  than  ten  per centum of any class of any equity security of a
      bank or trust company or who is a director  or  officer  thereof,  shall
      file,  within ten days following (i) the effective date of this section,
      or (ii) the date on which he becomes such beneficial owner, director  or
      officer,  whichever is later, a statement with the superintendent of the
      amount of all equity securities of such bank or trust company  of  which
      he  is the beneficial owner, and within ten days after the close of each
      calendar month  thereafter,  if  there  has  been  any  change  in  such
      ownership  during  such  month,  shall  file  with  the superintendent a
      statement indicating his ownership at the close of  the  calendar  month
      and such changes in such ownership as have occurred during such calendar
      month.
    
        (b)  Any such beneficial owner, director or officer of a bank or trust
      company shall not be subject to the requirements of this section if
        (1)  he  is required by section sixteen (a) of the securities exchange
      act of nineteen hundred thirty-four, as amended, to file with the  board
      of governors of the federal reserve system in accordance with regulation
      f  of  such  board  or with the federal deposit insurance corporation in
      accordance with part three hundred thirty-five of title  twelve  of  the
      regulations  of  such corporation, a statement as to his stock ownership
      and he files with the superintendent at his New York  city  office  four
      copies of each such statement filed with such board or corporation, or
        (2)  he  is  such  beneficial  owner, director or officer of a bank or
      trust company, all of the voting securities  of  which,  excepting  only
      directors'  qualifying  shares, are owned, controlled or held with power
      to vote by a bank holding company as  defined  in  section  one  hundred
      forty-one of this chapter or by a single corporation, or
        (3)  he  is  such  beneficial  owner, director or officer of a bank or
      trust company, all of the voting securities  of  which,  excepting  only
      directors'  qualifying  shares, are owned, controlled or held with power
      to vote by one or more banks organized  under  the  laws  of  a  foreign
      country, or
        (4)  he  is  such  beneficial  owner,  director  or officer of a trust
      company, all of the capital stock of which is owned by  twenty  or  more
      savings banks chartered by the state of New York.
        (c) The banking board shall have power by three-fifths vote of all its
      members  to  adopt such regulations as it shall deem necessary or proper
      to implement the provisions of this section.