New York Deposit Banks.
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* § 1524. Deposit banks. 1. The banking commission which consists of
the mayor, the commissioner and the comptroller shall, by majority vote,
by written notice to the commissioner, designate the banks or trust
companies in which all moneys of the city shall be deposited, and may by
like notice in writing from time to time change the banks and trust
companies thus designated.
2. a. No bank or trust company shall be designated pursuant to this
section unless:
(1) it shall agree to pay into the city treasury interest or to
provide the city with equivalent value on the daily balances at a rate
which the banking commission shall negotiate according to the current
rate of interest upon like balances deposited in banks and trust
companies in the city by private persons or corporations; and
(2) it shall file with the banking commission and city clerk a
certificate signed by the president or other duly authorized officer of
such bank setting forth that its board of directors has established and
will adhere to a policy of hiring and promotion of employees and
officers without regard to sex, race, color, religion, religious
affiliation, national origin, disability, age, marital status, or sexual
orientation, which certificate shall further set forth affirmatively the
steps taken by the bank or trust company to implement said policy.
(3) it does not provide the following services, either directly or
through a subsidiary or agent, to the Government of Burma; (a)
advertising or otherwise promoting the sale, outside of Burma, coins
minted in Burma, (b) underwriting securities of the Government of Burma,
or (c) making loans to the Government of Burma.
(4) it has certified that neither it nor any of its affiliates is or
will become a predatory lender or an affiliate thereof, as such terms
are defined in section 6-128 of the administrative code of the city of
New York.
b. If the banking commission by a majority vote shall decide that a
requirement or condition contained in paragraph a of this subdivision
has been violated after giving the bank or trust company an opportunity
to be heard, then upon thirty days' notice to the bank or trust company
such designation may be revoked.
3. The commissioner may, with the approval of the comptroller, make
time deposits of city moneys, for a period not to exceed six months, in
any bank or trust company designated for deposit of city funds. Each
such bank or trust company shall before deposits are made, other than
such as are of a temporary character and specifically relate to the
current business of the city, execute and file with the commissioner a
bond to the city in such form and in such amount as may be prescribed
and approved by the commissioner and the comptroller for the safekeeping
and prompt payment of city moneys on demand with interest at the rate
agreed upon and, as security for such funds, shall deposit with the
comptroller outstanding unmatured obligations of the United States of
America, or any obligation fully guaranteed or insured as to interest
and principal by the United States of America acting through an agency,
subdivision, department or division thereof, obligations of the state of
New York or obligations of the city of New York, the value of which at
the existing prices on the open market shall be equal to the estimated
amount of the proposed deposit, for which the comptroller shall deliver
a certificate of deposit containing the condition of such bond.
4. On the withdrawal of all or a part of the funds deposited in any
depository and a closing or depleting of the account thereof, or in the
event of the deposit actually made being less than the estimated amount
of such deposit, the commissioner and the comptroller shall certify to
such settlement or depletion or difference and direct the surrender of
the whole or a proportionate share of the securities so deposited to the
owner or owners thereof.
* The validity of local law 36 of 2002 is currently a subject of
disagreement between the Mayor and the City Council. This certification
is not intended as a legal opinion as to the validity of the local law
other than certifying the truth of the facts presented herein.