Section 98. Power to take and hold real estate; restrictions  


Latest version.
  • 1. A bank or
      trust company may purchase, hold, lease  and  convey  real  property  as
      follows:
        (a)  A plot whereon there is or may be erected a building suitable for
      the convenient transaction of its business, from portions of  which  not
      required  for  its  own use a revenue may be derived, and a plot whereon
      parking accommodations are, or are to  be,  provided,  with  or  without
      charge, primarily for its customers or employees or both, and a building
      or a portion or portions thereof for use by the bank or trust company in
      its business, provided that the aggregate of all investments of any bank
      or trust company in such plots and buildings and in a leased building or
      a  portion  or  portions  thereof  or  in the stock, debentures or other
      obligations of any corporation holding such plots or  buildings  and  of
      all  loans  to or upon the security of the stock of any such corporation
      shall not exceed forty per centum of the aggregate of the capital stock,
      surplus fund and undivided profits of such bank or trust company, except
      with the approval of the superintendent.   Any  bank  or  trust  company
      having,  prior to April twenty-third, nineteen hundred thirty-four, made
      loans and investments in excess of the limitations  prescribed  by  this
      paragraph may retain any such loans and investments notwithstanding such
      limitations.
        (b)  Such  as  shall  be  conveyed  to  it  in  satisfaction  of debts
      previously contracted in the course of its business.
        (c) Such as it shall purchase at sales  under  judgments,  decrees  or
      mortgages held by it.
        (d)  Such  as  may  be  specifically  authorized  by resolution of the
      banking board upon a three-fifths vote of  all  its  members,  provided,
      however,  that  the  banking  board  upon a three-fifths vote of all its
      members may delegate to the superintendent the authority to approve  the
      purchase,  lease,  conveyance  or  other  acquisition  or  sale  of real
      property which is located outside the United States, its territories and
      possessions, and which is used principally as the residence  of  one  or
      more directors, officers, or employees of the bank or trust company.
        (e)  A  whole  or  part interest in a "project", as defined in the New
      York state urban development corporation act, pursuant to  sections  six
      or  eight  of  such  act.  An investment by a bank or trust company in a
      single project shall not exceed one per centum of the assets or  fifteen
      per  centum  of  the  combined capital stock, surplus fund and undivided
      profits of such bank or  trust  company,  whichever  is  less,  and  the
      aggregate of all investments of a bank or trust company in such projects
      and  investments in securities of any "subsidiary" of the New York state
      urban development corporation, as defined in the New  York  state  urban
      development  corporation  act,  shall  not exceed five per centum of the
      assets or seventy-five per centum of the combined capital stock, surplus
      fund and undivided profits of such bank or trust company,  whichever  is
      less.
        2.  All real estate purchased by any bank or trust company or taken by
      it in settlement of debts due it, shall be conveyed to it  in  its  name
      or,  subject  to  such regulations and restrictions as the banking board
      finds to be necessary and proper, may be taken in the  name  of  a  duly
      authorized  nominee.  All such conveyances shall be immediately recorded
      or registered in the office of  the  proper  recording  officer  of  the
      county in which such real estate is located.