State Codes and Statutes

Statutes > New-york > Bnk > Article-13-e > 678

§ 678.  Accounts  for  convenience  only.  1.  When a deposit of cash,  securities or other property has been made, or shares shall be issued in  or  with  any  banking  organization  or  foreign  banking   corporation  transacting  business in this state, in an account established after the  effective date of this section, in the name of a depositor  and  another  person  and  in  form  to  be  paid  or  delivered  to  either  "for the  convenience" of the  depositor,  the  making  of  such  deposit  or  the  issuance  of  such  shares shall not affect the title to such deposit or  shares and the depositor shall not be considered to have made a gift  of  one-half  the  deposit  or  of  any additions or accruals thereon to the  other person, and, on the death of the depositor, the other person shall  have no right of survivorship in the account. If an addition is made  to  such an account by anyone other than the depositor, such an addition and  accruals thereon shall be considered to have been made by the depositor.  Such  deposit  or  shares,  together  with  all  additions  and accruals  thereon, may be paid or delivered to the depositor or the other  person,  and  such  payment or delivery and the receipt or acquittance of the one  to whom such  payment  or  delivery  is  made,  shall  be  a  valid  and  sufficient  release and discharge to the banking organization or foreign  banking corporation prior to the receipt by the banking organization  or  foreign banking corporation of notice in writing signed by the depositor  not  to  pay  or  deliver  such  deposit or shares and the additions and  accruals thereon in accordance with the terms thereof, and after receipt  of  any  such  notice,  the  banking  organization  or  foreign  banking  corporation  may require the receipt or acquittance of the depositor for  any further payments or delivery. If the depositor is dead, such payment  or delivery to the other person shall be a valid and sufficient  release  to  the banking organization or foreign banking corporation prior to the  receipt by the banking organization or foreign  banking  corporation  of  written  notice  of  the  depositor's  death.  A banking organization or  foreign banking corporation which, upon the death of the  depositor  and  prior  to  service  upon  it of a restraining order, injunction or other  appropriate process from a court of competent  jurisdiction  prohibiting  payment, makes payment to the executor, administrator or other qualified  representative  of the deceased depositor's estate, shall, to the extent  of such payment, be released from liability to  any  person  claiming  a  right  to  the  funds  and  the  receipt or acquittance of the executor,  administrator or qualified representative to whom payment is made  shall  be  a  valid  and  sufficient  release  and  discharge  of the financial  institution.    2. The banking board shall promulgate and may from time to time  amend  rules  and  regulations  which require that a depositor who requests the  establishment of an account in the name of  the  depositor  and  another  person  "for  the convenience" of the depositor be informed of the terms  and conditions of the account  described  in  subdivision  one  of  this  section, including the relationship and consequences between the parties  in  such  an account, the difference between such an account and a joint  account established under  section  six  hundred  seventy-five  of  this  article,  and the responsibilities of the institution with which such an  account is established. This  subdivision  or  any  rule  or  regulation  thereunder shall not be deemed or construed as increasing or diminishing  the rights or liability of any person, or other entity.

State Codes and Statutes

Statutes > New-york > Bnk > Article-13-e > 678

§ 678.  Accounts  for  convenience  only.  1.  When a deposit of cash,  securities or other property has been made, or shares shall be issued in  or  with  any  banking  organization  or  foreign  banking   corporation  transacting  business in this state, in an account established after the  effective date of this section, in the name of a depositor  and  another  person  and  in  form  to  be  paid  or  delivered  to  either  "for the  convenience" of the  depositor,  the  making  of  such  deposit  or  the  issuance  of  such  shares shall not affect the title to such deposit or  shares and the depositor shall not be considered to have made a gift  of  one-half  the  deposit  or  of  any additions or accruals thereon to the  other person, and, on the death of the depositor, the other person shall  have no right of survivorship in the account. If an addition is made  to  such an account by anyone other than the depositor, such an addition and  accruals thereon shall be considered to have been made by the depositor.  Such  deposit  or  shares,  together  with  all  additions  and accruals  thereon, may be paid or delivered to the depositor or the other  person,  and  such  payment or delivery and the receipt or acquittance of the one  to whom such  payment  or  delivery  is  made,  shall  be  a  valid  and  sufficient  release and discharge to the banking organization or foreign  banking corporation prior to the receipt by the banking organization  or  foreign banking corporation of notice in writing signed by the depositor  not  to  pay  or  deliver  such  deposit or shares and the additions and  accruals thereon in accordance with the terms thereof, and after receipt  of  any  such  notice,  the  banking  organization  or  foreign  banking  corporation  may require the receipt or acquittance of the depositor for  any further payments or delivery. If the depositor is dead, such payment  or delivery to the other person shall be a valid and sufficient  release  to  the banking organization or foreign banking corporation prior to the  receipt by the banking organization or foreign  banking  corporation  of  written  notice  of  the  depositor's  death.  A banking organization or  foreign banking corporation which, upon the death of the  depositor  and  prior  to  service  upon  it of a restraining order, injunction or other  appropriate process from a court of competent  jurisdiction  prohibiting  payment, makes payment to the executor, administrator or other qualified  representative  of the deceased depositor's estate, shall, to the extent  of such payment, be released from liability to  any  person  claiming  a  right  to  the  funds  and  the  receipt or acquittance of the executor,  administrator or qualified representative to whom payment is made  shall  be  a  valid  and  sufficient  release  and  discharge  of the financial  institution.    2. The banking board shall promulgate and may from time to time  amend  rules  and  regulations  which require that a depositor who requests the  establishment of an account in the name of  the  depositor  and  another  person  "for  the convenience" of the depositor be informed of the terms  and conditions of the account  described  in  subdivision  one  of  this  section, including the relationship and consequences between the parties  in  such  an account, the difference between such an account and a joint  account established under  section  six  hundred  seventy-five  of  this  article,  and the responsibilities of the institution with which such an  account is established. This  subdivision  or  any  rule  or  regulation  thereunder shall not be deemed or construed as increasing or diminishing  the rights or liability of any person, or other entity.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-13-e > 678

§ 678.  Accounts  for  convenience  only.  1.  When a deposit of cash,  securities or other property has been made, or shares shall be issued in  or  with  any  banking  organization  or  foreign  banking   corporation  transacting  business in this state, in an account established after the  effective date of this section, in the name of a depositor  and  another  person  and  in  form  to  be  paid  or  delivered  to  either  "for the  convenience" of the  depositor,  the  making  of  such  deposit  or  the  issuance  of  such  shares shall not affect the title to such deposit or  shares and the depositor shall not be considered to have made a gift  of  one-half  the  deposit  or  of  any additions or accruals thereon to the  other person, and, on the death of the depositor, the other person shall  have no right of survivorship in the account. If an addition is made  to  such an account by anyone other than the depositor, such an addition and  accruals thereon shall be considered to have been made by the depositor.  Such  deposit  or  shares,  together  with  all  additions  and accruals  thereon, may be paid or delivered to the depositor or the other  person,  and  such  payment or delivery and the receipt or acquittance of the one  to whom such  payment  or  delivery  is  made,  shall  be  a  valid  and  sufficient  release and discharge to the banking organization or foreign  banking corporation prior to the receipt by the banking organization  or  foreign banking corporation of notice in writing signed by the depositor  not  to  pay  or  deliver  such  deposit or shares and the additions and  accruals thereon in accordance with the terms thereof, and after receipt  of  any  such  notice,  the  banking  organization  or  foreign  banking  corporation  may require the receipt or acquittance of the depositor for  any further payments or delivery. If the depositor is dead, such payment  or delivery to the other person shall be a valid and sufficient  release  to  the banking organization or foreign banking corporation prior to the  receipt by the banking organization or foreign  banking  corporation  of  written  notice  of  the  depositor's  death.  A banking organization or  foreign banking corporation which, upon the death of the  depositor  and  prior  to  service  upon  it of a restraining order, injunction or other  appropriate process from a court of competent  jurisdiction  prohibiting  payment, makes payment to the executor, administrator or other qualified  representative  of the deceased depositor's estate, shall, to the extent  of such payment, be released from liability to  any  person  claiming  a  right  to  the  funds  and  the  receipt or acquittance of the executor,  administrator or qualified representative to whom payment is made  shall  be  a  valid  and  sufficient  release  and  discharge  of the financial  institution.    2. The banking board shall promulgate and may from time to time  amend  rules  and  regulations  which require that a depositor who requests the  establishment of an account in the name of  the  depositor  and  another  person  "for  the convenience" of the depositor be informed of the terms  and conditions of the account  described  in  subdivision  one  of  this  section, including the relationship and consequences between the parties  in  such  an account, the difference between such an account and a joint  account established under  section  six  hundred  seventy-five  of  this  article,  and the responsibilities of the institution with which such an  account is established. This  subdivision  or  any  rule  or  regulation  thereunder shall not be deemed or construed as increasing or diminishing  the rights or liability of any person, or other entity.