2006 New York Code - When Foreign Banking Corporation May Transact Business In This State.

 
    § 200.  When foreign banking corporation may transact business in this
  state. No foreign banking corporation, other than a bank organized under
  the laws of the United States, shall transact in this state the business
  of buying, selling, paying  or  collecting  bills  of  exchange,  or  of
  issuing  letters  of  credit  or  of receiving money for transmission or
  transmitting the same by draft, check, cable or otherwise, or of  making
  loans,  or  of receiving deposits, or of exercising the fiduciary powers
  specified in section two hundred one-b of this chapter,  or  transacting
  any  part  of  such  business,  or maintaining in this state its initial
  agency or branch for carrying on such business,  or  any  part  thereof,
  unless such corporation shall have:
    1.  Been authorized by its charter to carry on such business and shall
  have complied with the laws of the state or country under  which  it  is
  incorporated;
    2.  Furnished  to  the  superintendent such proof as to the nature and
  character of its business and as to its financial condition  as  he  may
  require;
    3.  Filed  in  the  office  of  the superintendent (a) a duly executed
  instrument  in  writing,  by  its  terms  of  indefinite  duration   and
  irrevocable,  appointing  the superintendent and his successors its true
  and lawful attorney, upon whom all process in any action  or  proceeding
  against  it  on  a cause of action arising out of a transaction with its
  New York agency or agencies, may be  served  with  the  same  force  and
  effect as if it were a domestic corporation and had been lawfully served
  with  process  within  the  state  and  (b)  a  written  certificate  of
  designation, which may be changed from time to time  thereafter  by  the
  filing  of  a  new  certificate  of designation, specifying the name and
  address of the officer, agent or other person to whom such process shall
  be forwarded by the superintendent;
    4. Received a license duly issued  to  it  by  the  superintendent  as
  provided  in  article  two of this chapter and, in the case of a foreign
  banking corporation desiring to exercise the fiduciary powers  specified
  in  section  two  hundred  one-b  of  this chapter, or any part thereof,
  received a certificate  of  authorization  duly  issued  to  it  by  the
  superintendent as provided in such section two hundred one-b.
    This  section  shall  not  be  construed  to  prohibit foreign banking
  corporations which do not maintain an  office  in  this  state  for  the
  transaction  of  business from (1) making loans in this state secured by
  mortgages on real property, nor from contracting in this  state  with  a
  banking institution engaged in the business of banking under the laws of
  this  state  to  acquire from or through such banking institution a part
  interest or the entire interest in a loan or evidence of debt which such
  banking institution has  heretofore  or  hereafter  made,  purchased  or
  acquired,  for  its  own  account  or  otherwise,  together  with a like
  interest in any security and any  security  instrument  proposed  to  be
  given  or  heretofore or hereafter given to secure or evidence such loan
  or evidence of debt; (2) enforcing in this state obligations  heretofore
  or  hereafter  acquired  by it in the transaction of business outside of
  this state, or in the transaction of any  business  authorized  by  this
  section;  (3)  acquiring, holding, leasing, mortgaging, contracting with
  respect to, or otherwise protecting or conveying property in this  state
  heretofore  or hereafter assigned, transferred, mortgaged or conveyed to
  it as security for, or in whole or part satisfaction of a loan or  loans
  made  by it or obligations acquired by it in the transaction of business
  outside of this state, or in the transaction of any business  authorized
  by this section.
    If  any  foreign banking corporation has opened and occupied an agency
  or branch in this state pursuant to the provisions of this  chapter,  it
  may,  unless otherwise advised by the superintendent, open and occupy an
  additional agency or branch, as the case may be, without having to apply
  for the approval of the  superintendent,  provided  that  it  gives  the
  superintendent notice of at least thirty days (or such shorter period as
  the  superintendent  in individual cases may approve) before opening and
  occupying any such additional office.