Section 285. Powers which may be granted to trustee  


Latest version.
  • In addition to such
      other powers as may be set  forth  in  the  agreement  not  inconsistent
      herewith  or  with the purposes of the fund, the trustee shall have such
      of the following powers as the agreement may provide:
        1. To insure in whole or in part the deposits in member banks, subject
      to such terms and conditions as the agreement may provide.
        2. To buy any assets owned by  any  member  bank  at  the  book  value
      thereof  notwithstanding such value may exceed the market value thereof,
      or such other value as the trustee may elect either with or  without  an
      agreement  providing  for  the  repurchase  of the same at such price or
      value and at such time and subject to such conditions as may  be  agreed
      upon  by  the trustee in its discretion and to make loans or advances to
      any member bank upon such terms and conditions as may seem desirable and
      with such security as the trustee may determine or without security;  in
      any  agreement  of  repurchase  or repayment it may be provided that the
      savings bank receiving such loan or  advance  or  making  such  sale  of
      assets  may not be obligated to repay the same or repurchase such assets
      until the superintendent of banks shall certify that such  savings  bank
      is in a safe and sound condition to make such repurchase or repayment.
        3.  To  deposit  all  or  any  part  of any moneys in said fund in any
      savings bank or savings banks and such savings bank or savings banks may
      receive the same notwithstanding the provisions of section  two  hundred
      thirty-seven  of  this  act  and/or  in  any  one or more banks or trust
      companies organized under the laws of the state of New York selected  by
      the  trustee  with the approval of the superintendent, and such deposits
      in case of suspension or liquidation of any such depositary other than a
      savings bank shall have the same priority as deposits of  savings  banks
      pursuant to law. In the event of the liquidation of a savings bank which
      is  such depositary, such deposits shall be subordinate to the claims of
      the depositors in such bank but prior to all other claims  except  those
      of the state of New York or of the United States.
        4. In addition to any other uses authorized herein and provided in the
      agreement,  to  invest  and  reinvest  the  fund  in such securities and
      property as are legal for investment by savings banks subject  to  those
      limitations applicable to such investments in the case of savings banks.
        5.  To  make contributions to the surplus fund of any member bank upon
      such terms and conditions for the use  and  the  repayment  thereof  and
      evidenced in such manner as the superintendent of banks may approve, and
      such  savings bank may make such repayment as such agreement may provide
      notwithstanding any provisions of  law;  but  no  such  agreement  shall
      require  such  repayment  except if, as and when the surplus and surplus
      fund of such savings bank shall be not less than five per centum of  the
      amount  due  its  depositors  nor  shall  any such agreement require any
      payment on account of such contribution in such an amount as  to  reduce
      the  surplus and surplus fund of such savings bank below five per centum
      of the amount owed its depositors. The agreement may provide the  manner
      in  which the surplus and surplus fund shall be computed for the purpose
      of this subdivision. Such contributions shall not constitute a liability
      of such member bank except as herein provided.
        6. If it shall appear by certificate of the  superintendent  of  banks
      filed  in his office, that any member bank to which the trustee with the
      approval of the superintendent has made any loan or advance, or  to  the
      surplus  fund  of  which  it  has made a contribution, or from which the
      trustee has purchased any asset at a price in excess of the market value
      thereof, would but for such loan, advance, contribution or  purchase  be
      in  such  condition that the superintendent might take possession of the
      business and property of the same pursuant to  law,  or  that  any  such
      member bank to which the trustee with the approval of the superintendent
    
      has  made  any  loan  or advance, or to the surplus fund of which it has
      made a contribution, or from which the trustee has purchased  any  asset
      at  a  price  in  excess of the market value thereof, or the deposits in
      which  have  been  insured  by  the  fund in whole or in part shall have
      committed such an act or is in such condition  that  the  superintendent
      might  take possession of the business and property of the same pursuant
      to law, the trustee shall have the right if it so elects,  and  in  such
      case  the  superintendent,  on such conditions and subject to such rules
      and regulations as he shall prescribe, shall permit the trustee to  take
      possession  and  control  forthwith of the property and business of such
      bank and operate and/or liquidate  the  same.  The  trustee  may,  while
      carrying  on  such  business,  pay  to such bank out of the moneys in or
      available to the fund such sums as the agreement may  authorize  as  the
      trustee deems necessary for the protection of the bank's depositors.
        7.  At  any  time  after  the  trustee  has  taken  over  the control,
      possession and operation of any savings bank, as provided in subdivision
      six hereof, it may, with the approval of the superintendent,  turn  back
      the  control,  possession  and  operation thereof to such bank which may
      continue or resume business, provided the moneys advanced from the  fund
      have  been  repaid  or  satisfactory arrangements made for the repayment
      thereof and the superintendent has certified such bank to be in  a  safe
      and  sound  condition  or  upon  such other conditions authorized in the
      agreement as may seem proper to the trustee.
        8. The trustee, with the approval of the superintendent of  banks  may
      at  any  time  after  it  has  taken  over  the  control, possession and
      operation of any bank  under  subdivision  six  hereof  discontinue  the
      business of such bank and proceed to liquidate its affairs.  The trustee
      may  use  the  assets  in  the fund to pay to the depositors of any such
      savings bank out of moneys in or available to the fund  the  excess,  if
      any,  or  such portion thereof as the agreement may provide, of the full
      amount of their respective deposits over the dividends received therefor
      on such liquidation.
        9. To carry out the provisions aforesaid, the trustee shall  have  and
      may  exercise  all  the rights, powers, privileges and franchises of any
      savings bank taken over by it, and at any time, with the approval of the
      superintendent of banks, to suspend the authority of the trustees of any
      savings bank and exercise the powers and duties of such trustees, and in
      addition to  the  foregoing,  in  the  event  it  shall  operate  and/or
      liquidate  any  such  savings bank it shall have and may exercise all of
      the rights and powers which  the  superintendent  of  banks  would  have
      pursuant  to  law in connection with the operation and/or liquidation of
      such bank and be  subject  to  the  same  duties  and  supervision.  The
      trustee, or any duly authorized agent of the trustee, in connection with
      the   operation  and/or  liquidation  of  any  such  bank  may  execute,
      acknowledge and deliver in the name of such bank, and under its seal, or
      may authorize any officer or officers  of  any  such  bank  to  execute,
      acknowledge  and deliver in the name of such bank and under its seal any
      instrument affecting or relating to the property, business or affairs of
      such bank, and in the event any such officer is  so  authorized  by  the
      trustee,  such  authorization  shall  be deemed the authorization of the
      board of trustees of such bank and he may  swear  or  affirm  the  usual
      certificate  of  acknowledgment  to the effect that he executed the same
      and such seal was affixed by the authority  of  the  board  of  trustees
      thereof.  Any instrument executed in any manner provided herein shall be
      valid and effectual for all purposes.
        10. To borrow money for the purpose of the fund and pledge any  assets
      in  the fund as security for such loans, and in connection therewith may
    
      rehypothecate any securities or collateral pledged to it by any  savings
      bank.
        11.  To  collect,  or  enforce  by legal proceedings if necessary, the
      contributions for which each member  bank  is  liable  pursuant  to  the
      provisions  of  the agreement, or any debt or obligation due to the fund
      or mortgage or lien held by the fund.