N.Y. Banking Law Section 633
Service of notice or process during time of war

Whenever, pursuant to the provisions of this article, any communication, notice or other paper or process is required to be given or served by the superintendent upon any person and the giving or service thereof is in any manner prohibited by the provisions of the act of congress, known as the “Trading with the Enemy Act,” or any amendment thereof, or the rules, regulations or licenses issued pursuant thereto, or any other law, rule, regulation or license pursuant to law prohibiting or regulating the same, such communication, notice or other paper or process shall be deemed to have been duly given or served on such person if given or served on his or her behalf, in the manner provided in the pertinent provisions of this article, on the noncitizen property custodian or on such other officer as may have been appointed or designated by the president of the United States of America to take possession of the property of noncitizen enemies. This section shall apply whether or not (1) such noncitizen property custodian or other officer shall actually have taken possession of any property of such person, or

(2)

the president, or an officer duly designated by him or her for the purpose, has the power to authorize or license the giving or service of any such communication, notice or other paper or process, and nothing herein shall require the superintendent to apply to the president or such officer for such authority or license, provided, however, that in any case where it appears that at the time such communication, notice or other paper or process is required to be given or served, the president or such officer has actually authorized or licensed the giving or service of same in the manner provided in the pertinent provisions of this article, then this section shall not apply and the superintendent shall be required to give or serve such communication, notice or other paper or process on such person in accordance with such authorization or license.

Source: Section 633 — Service of notice or process during time of war, https://www.­nysenate.­gov/legislation/laws/BNK/633 (updated Dec. 16, 2022; accessed Oct. 26, 2024).

600
Merger 601
Merger agreement 601‑A
Purchase of assets 601‑B
Approval or disapproval of merger or purchase of assets 601‑C
Sale, lease, exchange or other disposition of property, rights, privileges and franchises 602
Effect of merger 603
Issuance of new certificates of stock or other consideration 604
Rights of dissenting stockholders 604‑A
Transfer of fiduciary relationships 605
Voluntary liquidation 605‑A
Transfer of deposit liabilities of bank or trust company 606
When superintendent may take possession of banking organization 607
Manner and time within which taking possession may be tested 609
Resumption of business by bank, trust company or industrial bank 610
Resumption of business in accordance with plan of reorganization 611
Special deputies 611‑A
Appointment of single judge 612
Certificates to be recorded and received in evidence 612‑A
Payment of wages 613
Payment by superintendent of expenses of liquidation 614
Obtaining possession of pleadings, et cetera, in actions against which attorneys’ liens are asserted 615
On taking possession, superintendent shall notify those holding assets 616
Inventory of assets 617
Disposition of property held as bailee, or depositary 618
Liquidation and conservation of assets 618‑A
Repudiation of contracts 619
Prosecution and defense of actions 620
Notice to creditors to make proof of claims 620‑A
Certain claims shall not be accepted 622
List of claims duly presented 623
Filing objections to claims presented or listed 624
Acceptance and rejection of claims and accounts 625
Effect of accepting claims and accounts 626
Judgments recovered shall not be liens 627
Dividends to creditors 628
Payment of dividends when deposits have been made available by Federal Deposit Insurance Corporation 629
Payment of dividends to minors, trustees or joint depositors 630
Claims of shareholders and members of credit unions and savings and loan associations 631
Actions against directors, trustees, managers or officers for violation of their official duties 633
Service of notice or process during time of war 634
Power to appoint regulator or insurer as receiver
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Dec. 16, 2022

§ 633’s source at nysenate​.gov

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