Section 24-A. Closing of banking organizations on Saturday; Sunday, public holiday or Saturday afternoon banking transactions; emergency bank holidays

1. Any banking organization lawfully doing business within the
  state  of  New  York may be closed on any one or more Saturdays upon the
  adoption of a resolution to such effect by a majority vote of the  board
  of  directors or the board of trustees thereof or of the partners in the
  case of a private banker. Any one or more of such Saturdays shall,  with
  respect  to  any such banking organization which shall be closed thereon
  in accordance with the provisions  of  this  subdivision,  constitute  a
  public  holiday  within  the meaning of such term as used in and for all
  purposes of section twenty-five and twenty-five-a of this  chapter  (but
  not,  in  the  case  of  negotiable  instruments,  for  the  purposes of
  subdivision two of section twenty-five thereof), and shall neither be  a
  "full  business  day" nor a banking day within the meaning of such terms
  as used in and for all purposes of the uniform commercial code. The term
  "banking organization", as used in this section (except where  otherwise
  defined  therein), shall mean any banking organization as defined in the
  banking law, any branch or agency of a foreign banking corporation,  any
  national   bank,   federal   reserve  bank,  federal  savings  and  loan
  association, federal savings bank, federal home  loan  bank  or  federal
  credit union, and any person or association of persons lawfully carrying
  on the business of banking in this state whether incorporated or not. As
  used  in this section (except where otherwise defined therein), the term
  "officers" shall mean the person or persons designated by the  board  of
  directors  or trustees of a banking organization, or the partners in the
  case of a private  banker,  to  act  for  the  banking  organization  in
  carrying  out  the  provisions  of this section; the term "office" shall
  mean any place at which a banking organization transacts business  other
  than  its  principal office; and the term "person" shall include natural
  persons, corporations, partnerships and associations.
    2. Nothing in any law of this state shall  in  any  manner  whatsoever
  affect  the  validity  of,  or  render  void  or  voidable,  the payment
  certification or acceptance of a check or  other  negotiable  instrument
  under  the uniform commercial code or any other transaction by a banking
  organization in this state, because done or performed on any  Sunday  or
  public  holiday,  or  on  any  Saturday  between twelve o'clock noon and
  midnight, provided such payment,  certification,  acceptance,  or  other
  transaction  would  be valid if done or performed on any business day or
  before twelve o'clock noon on such  Saturday;  provided,  further,  that
  nothing  in  this  subdivision  shall be construed to compel any banking
  organization in this state, which by law or custom is entitled to  close
  at twelve o'clock noon on any Saturday, to keep open for the transaction
  of  business or to perform any of the acts or transactions aforesaid, on
  any Saturday after such hour except at its own option or to  compel  any
  banking  organizations  in  this  state to keep open on a public holiday
  except at its own option and then only to the extent it elects to do so.
    3. a. The governor is authorized, by proclamation,  to  designate  and
  appoint  one  or  more holidays, or holiday periods, to be known as bank
  holidays, to be observed throughout the state, or to be  observed  in  a
  portion  or  portions  thereof, as specified in such proclamation, if an
  emergency as hereinafter defined, shall, in his  opinion,  require  such
  action.
    b.  Whenever the officers of a banking organization are of the opinion
  that an emergency, as hereinafter defined, exists which affects  one  or
  more  or  all  the  banking  organization's  offices,  they  shall  have
  authority to close one or more or  all  such  offices  even  though  the
  governor  has not issued and does not issue a proclamation of emergency,
  provided however, that provision  is  made  by  such  officers  for  the

  transaction  of  the  business normally transacted at a closed office at
  another office or the principal  office  of  the  banking  organization,
  until  further  notice.  The  office  or  offices so closed shall remain
  closed  until  the officers or, in the case of a banking organization as
  defined in the banking law, the superintendent of banks, direct that  it
  be  opened. A banking organization closing an office or offices pursuant
  to this paragraph shall give prompt  notice  to  the  superintendent  of
  banks of its action.
    c.  Whenever the officers of a banking organization are of the opinion
  that an emergency, as hereinafter  defined,  exists  which  affects  the
  banking  organization's  principal  office, they shall have authority to
  close such principal office even though the governor has not issued  and
  does  not  issue  a  proclamation  of  emergency, provided however, that
  provision is made by such officers for the transaction of  the  business
  normally  transacted  at such principal office, at another office of the
  banking organization, until further notice;  provided  further  however,
  that if no other office of the banking organization can be so designated
  for the transaction of the business normally transacted at the principal
  office,  the  officers  may  direct  that  the principal office shall be
  closed only with the prior approval of the superintendent of banks.  The
  superintendent   of   banks,   in  giving  such  approval,  may  require
  certification of such official of the federal government or of the state
  of New York or a political subdivision thereof as he deems sufficient to
  establish  that  an  emergency  exists  which   affects   such   banking
  organization's  principal  office.  A  banking organization closing such
  principal office pursuant to this paragraph shall give prompt notice  to
  the superintendent of banks of its action.
    d.  Whenever the officers of a banking organization are of the opinion
  that an  emergency,  as  hereinafter  defined,  exists  which  adversely
  affects  the  conduct of any business operation or function conducted at
  the bank's principal office, they shall have  the  authority,  upon  the
  prior  approval  of  the  superintendent  of  banks, not to conduct such
  operation or function even though the governor has not issued  and  does
  not  issue  a  proclamation  of  emergency; provided, however, that such
  officers may exercise this authority without such prior approval if they
  have  in  good  faith  attempted,  but  been  unable,  to  contact   the
  superintendent  of  banks  to  request  permission  not  to conduct such
  business operation or  function;  and  provided  further  the  principal
  office  shall  not be closed in its entirety pursuant to this paragraph.
  No business operation or function  shall  be  closed  pursuant  to  this
  paragraph d unless such officers have attempted, but in good faith found
  it  infeasible to conduct such business operation or function at another
  office.  A  banking  organization  closing  any  business  operation  or
  function   pursuant   to   this  paragraph  shall  promptly  notify  the
  superintendent of banks of its action in  a  manner  prescribed  by  the
  superintendent.
    e.  The  discretion  of  the  officers  of any banking organization in
  acting pursuant to this subdivision, when exercised in good faith, shall
  not be questioned in any court or place.
    f. No banking organization and no director, officer or employee  of  a
  banking  organization  shall  be  liable to any person for any direct or
  indirect  loss  suffered  by  such  person  by  reason  of  the  banking
  organization's  failure  or  inability  to  make  access  to the banking
  organization's premises and facilities available to such  person  or  by
  reason of the banking organization's failure to perform, or its delay in
  performing,  any  contractual,  statutory  or  other  duty assumed by or
  imposed upon the banking organization in any capacity when such failure,
  inability or delay is caused by the banking organization, or any  office

  or  the  principal  office  thereof,  being closed as authorized by this
  section.
    g.  An  emergency,  within the meaning of this section, shall mean any
  condition which  may  interfere  with  the  conduct  of  normal  banking
  operations, in the holiday area, or at one or more or all offices or the
  principal  office  of  a banking organization or organizations, or which
  poses an imminent or existing threat  to  the  safety  and  security  of
  persons or property, or both, including floods, wind, rain, hail or snow
  storms,  power  failures,  transportation  failures,  earthquake,  fire,
  riots, strikes, civil commotion, labor disputes, enemy action or  threat
  of  enemy  action,  and  any  similar  or  different condition which may
  interfere physically with the conduct of normal  banking  operations  in
  the holiday area.
    h.  During such holiday, holidays and holiday periods, provided for in
  paragraphs a through c of this subdivision,  all  banking  organizations
  may  close  any  or all of their places of business in the holiday area.
  The  superintendent  of  banks  may,  however,  by  special  or  general
  regulation,  restriction,  or  order, provide that banking organizations
  (as such term is defined in the banking law) and branches  and  agencies
  of  foreign  banking corporations in this state shall, to the extent and
  at such of their places of business as may be directed by him, carry  on
  such of their normal and usual operations or banking transactions in the
  holiday  area  during  such  holiday, holidays or holiday period, as may
  appear to him to be in the best interests of the public.  Such  holiday,
  holidays  or holiday periods shall, with respect to such place or places
  of business in the holiday area of any banking organization which  shall
  be closed thereon in accordance with the provisions of this subdivision,
  constitute  a  public holiday within the meaning of such term as used in
  and for all purposes of subdivision one of section  twenty-five  and  of
  subdivision  one  of  section twenty-five-a of this chapter (but not for
  the purposes of subdivision two of section twenty-five or of subdivision
  two of section  twenty-five-a  thereof),  and  shall  neither  be  "full
  business days" nor banking days within the meaning of such terms as used
  in  and  for  all purposes of the uniform commercial code, to the extent
  that the performance of obligations under said code are not directed  to
  be  performed  by  the  special  or general regulations, restrictions or
  orders of the superintendent of banks, and shall not  be  deemed  to  be
  public  holidays  for any other purpose, or under any other provision of
  law. If  any  banking  operation  or  function  is  closed  pursuant  to
  paragraph  d  of  this  subdivision,  a  bank holiday shall be deemed to
  exist, with the same  effects  and  limitations  as  set  forth  in  the
  preceding sentence, with respect to such banking operation or function.
    i.  A  bank  office  or  principal  office  that  has  been  closed as
  authorized by this section may nonetheless  conduct  limited  operations
  and  perform  banking  transactions  (i)  for  the  convenience  of  its
  customers or (ii) relating to transactions between that bank  and  other
  banks  or  persons  which have remained open for business or are outside
  the holiday area.
    j. For purposes of this section, each reference to the  superintendent
  of  banks  shall  be  deemed  to  include  any  official  of the banking
  department to whom authority granted by this section has been delegated.