2013 New York Consolidated Laws
BNK - Banking
Article 3 - (94 - 140-A) BANKS AND TRUST COMPANIES
105 - Branch offices; prohibition against doing business at unauthorized places.

 
    § 105.   Branch   offices;   prohibition  against  doing  business  at
  unauthorized places. 1.  (a)  No  bank  or  trust  company  or  officer,
  director,  agent  or  employee  thereof,  shall transact any part of its
  usual business of banking at any place other than its principal  office,
  except  that  a  bank  or  trust company may open and occupy one or more
  branch offices at any location in the  state,  provided:  (i)  that  the
  requirements  of  section  twenty-nine  of this chapter are met and (ii)
  that, except for the city or village in which its  principal  office  is
  located,  in  no event shall a branch be opened and occupied pursuant to
  this subdivision in a  city  or  village  with  a  population  of  fifty
  thousand  or  less  in  which is already located the principal office of
  another bank, trust company or national banking association, other  than
  a  bank  holding  company,  if  such  bank  holding company is a banking
  institution, or a banking subsidiary of a bank holding company (as  such
  terms   "bank  holding  company",  "banking  institution"  and  "banking
  subsidiary" are  defined  in  section  one  hundred  forty-one  of  this
  chapter)  except  that  the  definition  of  "bank  holding  company" is
  modified to change  the  phrase  "a  banking  institution"  wherever  it
  appears  therein  to  "  two  or  more  banking  institutions"  and  the
  definition of "banking  institution"  is  modified  to  add  a  national
  banking  association,  the  principal  office  of  which  institution is
  located in this state, except, in the case of a conversion  pursuant  to
  the  provisions  of  this  article,  branch offices occupied immediately
  prior thereto or except for the purpose of acquiring by merger, sale  or
  otherwise the business and property of a bank, trust company or national
  banking  association,  whether  in  liquidation or doing business in the
  usual course.
    (b) An office of an affiliated bank at which the customers of  a  bank
  or   trust   company  may  make  deposits,  renew  time  deposits,  make
  withdrawals, close loans, service loans, and receive payments  on  loans
  and  other  obligations shall not be deemed a branch office of such bank
  or trust company. For the purposes of this section, the term "affiliated
  bank" means any bank, as such term is defined in section 3(a)(1) of  the
  Federal  Deposit  Insurance  Act  (12  U.S.C.  1813(a)(1)),  that  is  a
  subsidiary of the same bank holding company, as that term is defined  in
  section 2 of the Bank Holding Company Act (12 U.S.C. 1841).
    2.  Hereafter  before  any  branch  or  branches  shall  be opened and
  occupied pursuant to subdivision one of this section the  superintendent
  shall have given his written approval as provided in article two of this
  chapter.
    3.  (a) Any bank or trust company may with the written approval of the
  superintendent, open and occupy a branch office or branch offices in one
  or more places located without the state of  New  York,  either  in  the
  United States of America or in foreign countries.
    (b)  If  any  bank  or  trust company has opened and occupied a branch
  office in a foreign country pursuant to the provisions of paragraph  (a)
  of   this   subdivision,   it  may,  unless  otherwise  advised  by  the
  superintendent, open and occupy an additional branch  office  or  branch
  offices  in such country 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 branch office.
    4.  The  term  "village"  as used in this section shall mean either an
  incorporated or an unincorporated village.
    5. (a) A bank or trust company may, if the merger or asset acquisition
  is permitted by law, and if the merger or asset acquisition agreement so
  provides, maintain as a branch office or branch offices or trust  office

  or  trust  offices,  the  place or places of business of any bank, trust
  company,   safe   deposit   company,   national   banking   association,
  out-of-state state bank or out-of-state trust company (as such terms are
  defined  in  section  two  hundred  twenty-two of this chapter), savings
  bank, or savings and loan association, federal savings bank  or  federal
  savings and loan association which it has received into itself by merger
  or  by  acquisition of assets thereof pursuant to the provisions of this
  chapter and, if the merger or acquisition  agreement  so  provides,  may
  maintain,  as  its  principal  office  rather  than as a branch or trust
  office, the principal office of such banking institution with  which  it
  has  merged  or  from  which  it  has  acquired  assets (so long as such
  principal office is located in this state), in which  event  the  former
  principal office of the receiving or acquiring bank or trust company may
  be  maintained  as  a  branch  office.  A  state  bank  or trust company
  resulting from the conversion of a national banking association may,  if
  the  conversion  agreement  so  provides, maintain as a branch office or
  branch offices or trust office or trust offices the place or  places  of
  business   of   the  national  banking  association.  As  used  in  this
  subdivision, the term "place or places of business"  shall  include  any
  branch  office  or  trust  office  of  the  banking institution that was
  converted, merged or the assets of which were acquired  which  has  been
  approved  pursuant  to this chapter or federal law or the law of another
  state, as the case may be, even if such branch office or trust office is
  not  in  operation  at  the  time  said  merger,  asset  acquisition  or
  conversion becomes effective.
    (b)  Notwithstanding anything to the contrary in paragraph (a) of this
  subdivision, any public accommodation office of a  merging  or  acquired
  banking organization or association, including any such office which has
  been approved pursuant to section one hundred ninety-one of this chapter
  but  which  is  not  in operation at the time said merger or acquisition
  becomes effective, may be maintained by the receiving or acquiring  bank
  or trust company as a public accommodation office only.