N.Y. Banking Law § 24 Investigation By Superintendent; Refusal Or Approval; Filing Certificate

• Library: New York Statutes
• Edition: 2023
• Currency: Current through 2023 NY Law Chapter 777
• Year: 2023
• Citation: N.Y. Banking Law § 24

1. Within ninety days after the date when any organization certificate or private banker's certificate shall have been filed for examination, the superintendent, if [he] the superintendent shall find after investigation and examination of what [he] the superintendent deems to be the best sources of information [at his command] available that the character, responsibility and general fitness of the person or persons named in such certificate are such as to command confidence and warrant belief that the business of the proposed corporation or private banker will be honestly and efficiently conducted in accordance with the intent and purpose of this chapter, and that the public convenience and advantage will be promoted by allowing such proposed corporation or private banker to engage in business, shall [submit] approve such certificate [to the superintendent of financial services together with all papers, correspondence and other information in his possession relating thereto, including the results of his investigation and his recommendation in the matter]. [Such] An extension of such ninety day period [of ninety days] may be [extended] requested, by a written [consent] request executed by a majority of the persons from whom the superintendent received such organization certificate or private banker's certificate, for such additional reasonable period of time as may be required for applicants to comply with conditions precedent stipulated by the superintendent as being a prerequisite to his [recommendation to the superintendent of financial services] or her approval. The superintendent, in the superintendent's sole discretion, shall determine whether to grant such an extension.

2. [If three-fifths of the members of the board, after consideration of all relevant information available to them, shall vote for approval, the] The superintendent[, if he is still satisfied, upon the considerations set forth in subdivision one of this section, that such proposed corporation or private banker should be permitted to engage in busi- ness,] shall [approve such certificate and] also endorse upon each of the duplicates the date of such approval. [He] The superintendent shall forthwith cause notice of such approval to be given to the proposed incorporators or private banker and one of the duplicate certificates [to] shall be filed in the office of the department and the other in the office of the clerk of the county in which the principal office of such proposed corporation or private banker is to be located. In a case in which a private banker certificate is submitted to the superintendent for the purpose of continuing the business in connection with a change in its partnership, the superintendent shall approve the private banker certificate [without any action by the superintendent of financial services] upon making a determination that the private banker should be permitted to continue its business based upon the considerations set forth in subdivision one of this section.