N.Y. Banking Law Section 38
Power of subpoena

1.

The superintendent shall have power at all times, either personally or by his deputies, including special deputy superintendents, or examiners, to subpoena witnesses, to compel their attendance, to administer an oath, to examine any person under oath and to require the production of any relevant books or papers. Such examination may be conducted on any subject relating to the duties imposed upon, or the powers vested in, the superintendent under the provisions of this chapter. Any corporation, association, partnership or individual which fails to obey the command of a subpoena without reasonable excuse or refuses, without reasonable cause, to be sworn or to be examined or to answer a question or to produce a book or paper when ordered so to do by the officer duly conducting such inquiry, or fails to perform any act required hereunder to be performed, shall be guilty of a misdemeanor and shall also be subject to the compulsions provided by the civil practice law and rules. Any officer participating in such inquiry and any person examined as a witness upon such inquiry who shall disclose to any person other than the superintendent the name of any witness examined or any other information obtained upon such inquiry, except as directed by the superintendent, shall be guilty of a misdemeanor.

2.

In any such investigation before the superintendent or before his deputy or any other officer duly designated by him to conduct such investigation, the superintendent or such deputy or officer may confer immunity in accordance with the provisions of section 50.20 of the criminal procedure law.

Source: Section 38 — Power of subpoena, https://www.­nysenate.­gov/legislation/laws/BNK/38 (updated Sep. 22, 2014; accessed Apr. 13, 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
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Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 38’s source at nysenate​.gov

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