N.Y. Banking Law Section 392
Retirement of shares

  • suspension
  • transfer

1.

The board of directors of any savings and loan association may retire shares which are not pledged to the association by requiring their withdrawal, if the by-laws clearly state the manner in which such withdrawals may be required. The holders of such shares shall be paid the book value of their shares less all lawful obligations.

2.

Whenever a member of any savings and loan association shall have failed for six months to pay dues upon any instalment shares owned by him, such association may serve notice upon him to pay such dues within the time stated in such notice, which time shall be not less than thirty days. If such shareholder does not make such payment within the time stated in the notice, the amount which would be due him if his shares were withdrawn shall be determined and such amount transferred and credited to him in a savings share account or a suspense account. If transferred to a suspense account, the rights of such member shall cease except the right to withdraw, subject to the provisions of § 390 (Withdrawal of unpledged shares)section three hundred ninety of this article, the amount thus credited to him and such dividends as may be credited thereon following the date of such transfer. Dividends on amounts in suspense accounts shall be credited at a rate of at least three-fifths of the lowest rate at which dividends are apportioned to any type of instalment shares.

3.

No transfer of shares shall be binding upon any savings and loan association until such transfer has been recorded upon its books. The transferee of any share shall take the same subject to all liabilities to the association and all conditions attaching thereto at the time of the transfer. If the shares are in the names of two persons and in the form to be paid to either or the survivor of them, the assignment thereof by one of such persons shall authorize the association to record the assignment upon its books or to accept it as collateral for a share loan made pursuant to subdivision two-a of § 380 (Power to make loans)section three hundred eighty of this article.

Source: Section 392 — Retirement of shares; suspension; transfer, https://www.­nysenate.­gov/legislation/laws/BNK/392 (updated Sep. 22, 2014; accessed Apr. 13, 2024).

375
Incorporation
376
Proposed by-laws
377
When corporate existence begins
378
Power to issue shares
378–A
Time deposits
378–B
Club accounts
378–C
Excelsior linked deposit program
378–D
Preservation of books and records
378–E
Water pollution control linked deposit program
379
Power to invest in securities
379–B
Service corporation owned by associations
380
Power to make loans
380–A
Power to purchase mortgage, loan or investment
380–B
Power to purchase mortgages from mortgage holders
380–C
Power to participate in certain loans and mortgage investments
380–E
Effect of usury
380–F
Power to make advances of federal funds
380–G
Power to engage in line of credit financing of residential real estate
380–H
Trust powers
380–I
Personal loan departments
380–J
Authorization to acquire and lease personal property
380–K
Investment in promissory notes
380–L
Excelsior linked deposit program
380–M
Water pollution control linked deposit program
381
Power to take and hold real estate
382
Power to borrow
382–A
Power to act as trustee under self-employed retirement trust and of individual retirement account
382–B
Power to issue certain obligations
383
Other powers
383–A
Rental of safe deposit boxes
384
Entries in books
385
Surplus account
386
Profits
387
Credits to surplus account and undivided profits
388
Fines and penalties for failure to make payments on instalment shares
389
Matured shares
390
Withdrawal of unpledged shares
392
Retirement of shares
393
Repayment of mortgage loans
394
Joint shares
395
Alternative provisions relative to payment of interest to shareholders
396
Change of location
396–A
Electronic facilities
396–B
Acceptance of United States currency
397
Number, qualifications and disqualifications of directors
397–A
Report to directors
398
Filling of vacancies in board of directors
398–A
Forfeiture of office of director
398–B
Duties of directors and officers
398–C
Executive committee and other committees
399
Restrictions on directors and officers
399–A
Restrictions on holding of certain offices by executive officers of federal savings banks and federal savings associations
400
Pensions
401
Official communications to be submitted to directors and noted in minutes
402
Amendment of articles of association and by-laws
403
Examination by directors
404
Reports to the superintendent
404–A
Photographic reproduction of records
405
Annual report to shareholders
406
Charters conformed to this article
407
Exemptions
409
Conversion of a state savings and loan association into a federal savings and loan association
410
Conversion of a federal savings and loan association into a state savings and loan association
411
Conversion of a savings and loan association or federal savings and loan association into a savings bank
412
Conversion of federal savings institutions to state charter
413
Reciprocal interstate acquisitions

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 392’s source at nysenate​.gov

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