N.Y. Banking Law Section 112
Dividends

  • payable from net profits
  • restrictions

1.

The directors of a bank or trust company may annually, semi-annually or quarterly, but not more frequently unless authorized by the superintendent by regulation or otherwise, declare such dividends as they deem judicious to be paid from net profits. No dividend shall be declared, credited or paid so long as there is any impairment of capital stock. No bank or trust company having outstanding preferred stock shall, except as otherwise authorized by the superintendent, declare dividends upon common stock for any period other than a period for which dividends are declared upon preferred stock.

2.

The approval of the superintendent shall be required if the total of all dividends declared by a bank or trust company in any calendar year shall exceed the total of its net profits for that year combined with its retained net profits of the preceding two years, less any required transfer to surplus or a fund for the retirement of any preferred stock.

3.

For the purposes of this section, the term “net profits” shall mean the remainder of all earnings from current operations plus actual recoveries on loans and investments and other assets, after deducting from the total thereof all current operating expenses, actual losses, accrued dividends on preferred stock, if any, and all federal and state taxes.

Source: Section 112 — Dividends; payable from net profits; restrictions, https://www.­nysenate.­gov/legislation/laws/BNK/112 (updated Sep. 22, 2014; accessed Apr. 13, 2024).

94
Change from bank to trust company
96
General powers
96–A
Servicing of mortgages by banks
96–B
Payroll payment by banks or trust companies
96–C
Power to act as trustee under self-employed retirement trust or individual retirement trust
96–D
Banking development districts
97
Power to purchase securities and stocks
98
Power to take and hold real estate
98–A
Club accounts
100
Fiduciary powers
100–A
Fiduciary capacities
100–B
Investments as fiduciary
100–C
Common trust funds
100–D
Foreign common trust funds
101
Additional powers of certain trust companies
102
Powers of specially chartered trust companies
102–A
Limited liability trust companies
103
Restrictions on loans, purchases of securities and total liabilities to bank or trust company of any one person
104
Entries in books
105
Branch offices
105–A
Electronic facilities
105–B
Trust offices
106
Deposits by banks and trust companies with other banking corporations and private bankers
107
Reserves against deposits
107–A
Security for public deposits
108
Rates of interest
108–A
Acceptance of United States currency
109
Closing of books
110
Surplus fund
111
Profits
112
Dividends
113
Change of location
114
Assessment of stockholders to make good impairment of capital stock
121
Reports to directors
122
Examinations of banks and trust companies by directors
123
Reports of directors’ examinations
124
Communications from department of financial services to be submitted to directors and noted in minutes
125
Reports to superintendent
128
Preservation of books and records
129
Requirement of notice on withdrawal of certain time deposits
129–A
Requirement of written notification
130
Restrictions on officers, directors and employees
131
Prohibitions against encroachments upon certain powers of banks and trust companies
132
Use of sign, or words, indicating bank or trust company by unauthorized persons prohibited
133
Use of banking institution name
134
Repayment of deposits standing in the names of minors, trustees or joint depositors
136
Change of national banking association into state bank by conversion or merger
136–A
Purchase of assets of national banking association by bank or trust company
136–B
Approval of superintendent
136–C
Effect of merger or conversion of national banking association into state bank
137
Change of state bank into national banking association by conversion, merger or consolidation
138
Foreign branches
139
Saving clause
140–A
Stock option plans

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 112’s source at nysenate​.gov

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