N.Y. Banking Law Section 136-B
Approval of superintendent

The superintendent shall approve or disapprove of a proposed merger as authorized by § 136 (Change of national banking association into state bank by conversion or merger)section one hundred thirty-six of this article or a proposed acquisition of all or a substantial part of the assets of a national banking association as authorized by § 136-A (Purchase of assets of national banking association by bank or trust company)section one hundred thirty-six-a of this article, as the case may be, within one hundred twenty days after the submission of the proposed plan thereof to him or her. In determining whether to so approve, the superintendent shall take into consideration (i) the declaration of policy contained in § 10 (Declaration of policy)section ten of this chapter, (ii) whether the effect of such merger or acquisition shall be either to expand the size or extent of the resulting or acquiring institution beyond limits consistent with adequate and sound banking and the preservation thereof or result in a concentration of assets beyond limits consistent with effective competition, (iii) whether such merger or acquisition may result in such a lessening of competition as to be injurious to the interests of the public or tend toward monopoly and (iv) primarily, the public interest and the needs and convenience thereof. If the superintendent shall approve such proposed merger or acquisition, he or she shall file the plan, together with such certificates and the original of the approval of the superintendent, in the office of the superintendent, and, in the case of merger, a duplicate of the plan, together with a duplicate of each of such certificates and a duplicate of the superintendent’s approval, shall be filed in the office of the clerk of the county in which the principal office of the receiving corporation is located. Upon such filing in the office of the superintendent, the merger or acquisition shall become effective, unless a later date is specified in the plan, in which event the merger or acquisition shall become effective upon such later date.

Source: Section 136-B — Approval of superintendent, https://www.­nysenate.­gov/legislation/laws/BNK/136-B (updated Sep. 22, 2014; accessed Jan. 10, 2026).

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
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Verified:
Jan. 10, 2026

Last modified:
Sep. 22, 2014

§ 136-B. Approval of superintendent's source at nysenate​.gov

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