N.Y. Banking Law Section 28-A
Temporary change of location

  • approval or refusal
  • certificate

Notwithstanding any provisions of law limiting the number of offices which may be maintained thereby, any banking organization or foreign banking corporation may make a written application to the superintendent for a temporary change of location of its authorized place or one of its authorized places of business or a portion thereof to another place within the state which shall be as near as practicable to such authorized place of business. At the time of making the application an investigation fee as prescribed pursuant to § 18-A (Application fees)section eighteen-a of this article shall be paid to the superintendent for each temporary location for which leave to open is sought, except where (1) the applicant would not be required to pay an investigation fee upon the filing of an application for a change of location under provisions of this chapter other than this section, or

(2)

said application is necessitated by damage or destruction caused by flood, tidal wave, earthquake, conflagration, tornado, hurricane, cyclone, windstorm or other storm or such other event as shall have been declared a catastrophe by the superintendent. If there is no reasonable objection to such change, and if the superintendent finds that such change is necessary or desirable during a period of construction, repair, alteration, improvement, or reconstruction of the previously authorized place of business, he or she shall issue a certificate under his or her hand and the official seal of the department authorizing each such change and specifying (a) the period during which such temporary location may be maintained, (b) the date on or after which such change may be made, and

(c)

the powers which may be exercised thereat. The superintendent shall cause the original of such certificate to be transmitted to the applicant, a copy to be filed in the office of the department and a copy to be filed in the office of the clerk of the county in which the principal office of the applicant is located. If the superintendent shall be satisfied in any case that a change is undesirable or inexpedient, he or she shall refuse such application and notify the applicant of his or her determination. A temporary place of business occupied pursuant to the provisions of this section shall be closed as soon as practicable, and in no event later than the date specified in its authorization certificate, unless the superintendent shall have extended such time. The banking organization or corporation shall notify the superintendent in writing prior to such closing as to the date it intends to close the temporary place of business.

Source: Section 28-A — Temporary change of location; approval or refusal; certificate, https://www.­nysenate.­gov/legislation/laws/BNK/28-A (updated Sep. 22, 2014; accessed Jun. 22, 2024).

10
Declaration of policy
11
Department of financial services
12‑A
Power of state chartered banking institutions to exercise the rights of counterpart federally chartered banking institutions
14
Additional powers of the superintendent
14‑A
Rate of interest
14‑B
Power of the superintendent of financial services to prescribe minimum rate of interest on mortgage escrow accounts
14‑C
Power of the superintendent of financial services to prescribe criteria for disclosure of information on savings and time accounts
14‑D
Power of the superintendent of financial services to prescribe a reasonable period of time permitting the drawing on items received for d...
14‑E
Power of the superintendent to authorize the operation of savings banks and savings and loan associations in stock form
14‑F
Power of the superintendent of financial services to require the provision of basic banking services
18
Fees for copies and certifications
18‑A
Application fees
18‑B
Holocaust reparations payment fees
19
Assessments for deficiency in reserves against deposits
20
Assessments, penalties and forfeitures entitled to priority
21
Collection of assessments, penalties and forfeitures
22
Fingerprints
23
Acceptance or rejection of certificate
24
Investigation by superintendent
25
Authorization certificate
25‑A
Authority of superintendent to file organization certificate and issue authorization certificate under certain conditions
26
Licenses to foreign banking corporations
27
Exchange and examination of securities
28
Change of location
28‑A
Temporary change of location
28‑B
Credit needs of local communities
28‑BB
Credit needs of local communities
28‑C
Branch office closings
29
Branch offices
30
Unclaimed amounts
31
Index of persons entitled to unclaimed amounts
32
Insurance of deposits and share accounts
33
Reserve depositaries
34
Superintendent as attorney to accept service of process
36
Examinations
36‑A
Reports of lending by banking organizations
36‑B
Preservation of books and records
37
Reports to superintendent
37‑A
Submission of annual reports by the Holocaust claims processing office
38
Power of subpoena
39
Orders of superintendent
40
Revocation of authorization certificate or license or suspension of activities in certain cases
41
Removal of director, trustee or officer
42
Official acts of superintendent and details of department business to be made public
44
Violations
44‑A
Violations and penalties
45
Export finance awareness program

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 28-A’s source at nysenate​.gov

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