State Codes and Statutes

Statutes > New-york > Bnk > Article-2 > 41

§ 41.  Removal  of  director,  trustee  or  officer.   1. Whenever the  superintendent shall find that any director, trustee or officer  of  any  corporate  banking  organization  or  bank holding company (as such term  "bank holding company" is defined in article three-A  of  this  chapter)  has  violated  any  law  or duly enacted regulation of the banking board  relating to such corporation, or has continued  unauthorized  or  unsafe  practices  in  conducting  the business of such corporation after having  been ordered  or  warned  by  the  superintendent  to  discontinue  such  practices,  the superintendent may, in his discretion, certify the facts  to the board.   The board shall cause notice  to  be  served  upon  such  director,  trustee  or officer either personally or, upon a finding that  he cannot be served personally within the state, by registered mail,  at  his  address  last  known  to  the superintendent, to appear before such  board to show cause why he should not be removed from office. A copy  of  such notice shall be sent by registered mail to each director or trustee  of  the  corporation  affected. If, after granting the accused director,  trustee or officer a reasonable opportunity to be heard, the board by  a  three-fifths  vote of all its members finds that he has violated any law  or duly enacted regulation of the board relating to such corporation, or  has  continued  unauthorized  or  unsafe  practices  in  conducting  the  business  of such corporation after having been ordered or warned by the  superintendent  to  discontinue  such  practices,  the  board,  in   its  discretion,  by  a  three-fifths vote of all its members, may order that  such director, trustee or officer be removed from office.    2. Upon service either personally or by registered mail at his address  last known to the superintendent upon such director, trustee, officer or  person in charge of, or officer  of,  a  branch  of  a  foreign  banking  corporation and upon the corporation of which he is a director, trustee,  officer or, in case he is a person in charge of, or officer of, a branch  of  a foreign banking corporation upon such foreign banking corporation,  of a copy of such order, he shall cease to be  a  director,  trustee  or  officer  of such banking organization or person in charge of, or officer  of, a branch of a  foreign  banking  corporation.  Such  order  and  the  findings  of  fact  upon  which  it is based shall not be made public or  disclosed to anyone except the director, trustee or officer or person in  charge of, or officer of, a branch  of  a  foreign  banking  corporation  involved  and  the  directors  or  trustees of the corporation involved,  except in connection with proceedings for a violation of  this  section.  Any  director, trustee or officer or any person or persons in charge of,  or any officer of, a branch of a foreign banking corporation so  removed  from  office who thereafter without permission of the board participates  in any manner in the management of such banking  organization  or  of  a  branch  of  such  foreign  banking  corporation  shall  be  guilty  of a  misdemeanor.

State Codes and Statutes

Statutes > New-york > Bnk > Article-2 > 41

§ 41.  Removal  of  director,  trustee  or  officer.   1. Whenever the  superintendent shall find that any director, trustee or officer  of  any  corporate  banking  organization  or  bank holding company (as such term  "bank holding company" is defined in article three-A  of  this  chapter)  has  violated  any  law  or duly enacted regulation of the banking board  relating to such corporation, or has continued  unauthorized  or  unsafe  practices  in  conducting  the business of such corporation after having  been ordered  or  warned  by  the  superintendent  to  discontinue  such  practices,  the superintendent may, in his discretion, certify the facts  to the board.   The board shall cause notice  to  be  served  upon  such  director,  trustee  or officer either personally or, upon a finding that  he cannot be served personally within the state, by registered mail,  at  his  address  last  known  to  the superintendent, to appear before such  board to show cause why he should not be removed from office. A copy  of  such notice shall be sent by registered mail to each director or trustee  of  the  corporation  affected. If, after granting the accused director,  trustee or officer a reasonable opportunity to be heard, the board by  a  three-fifths  vote of all its members finds that he has violated any law  or duly enacted regulation of the board relating to such corporation, or  has  continued  unauthorized  or  unsafe  practices  in  conducting  the  business  of such corporation after having been ordered or warned by the  superintendent  to  discontinue  such  practices,  the  board,  in   its  discretion,  by  a  three-fifths vote of all its members, may order that  such director, trustee or officer be removed from office.    2. Upon service either personally or by registered mail at his address  last known to the superintendent upon such director, trustee, officer or  person in charge of, or officer  of,  a  branch  of  a  foreign  banking  corporation and upon the corporation of which he is a director, trustee,  officer or, in case he is a person in charge of, or officer of, a branch  of  a foreign banking corporation upon such foreign banking corporation,  of a copy of such order, he shall cease to be  a  director,  trustee  or  officer  of such banking organization or person in charge of, or officer  of, a branch of a  foreign  banking  corporation.  Such  order  and  the  findings  of  fact  upon  which  it is based shall not be made public or  disclosed to anyone except the director, trustee or officer or person in  charge of, or officer of, a branch  of  a  foreign  banking  corporation  involved  and  the  directors  or  trustees of the corporation involved,  except in connection with proceedings for a violation of  this  section.  Any  director, trustee or officer or any person or persons in charge of,  or any officer of, a branch of a foreign banking corporation so  removed  from  office who thereafter without permission of the board participates  in any manner in the management of such banking  organization  or  of  a  branch  of  such  foreign  banking  corporation  shall  be  guilty  of a  misdemeanor.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-2 > 41

§ 41.  Removal  of  director,  trustee  or  officer.   1. Whenever the  superintendent shall find that any director, trustee or officer  of  any  corporate  banking  organization  or  bank holding company (as such term  "bank holding company" is defined in article three-A  of  this  chapter)  has  violated  any  law  or duly enacted regulation of the banking board  relating to such corporation, or has continued  unauthorized  or  unsafe  practices  in  conducting  the business of such corporation after having  been ordered  or  warned  by  the  superintendent  to  discontinue  such  practices,  the superintendent may, in his discretion, certify the facts  to the board.   The board shall cause notice  to  be  served  upon  such  director,  trustee  or officer either personally or, upon a finding that  he cannot be served personally within the state, by registered mail,  at  his  address  last  known  to  the superintendent, to appear before such  board to show cause why he should not be removed from office. A copy  of  such notice shall be sent by registered mail to each director or trustee  of  the  corporation  affected. If, after granting the accused director,  trustee or officer a reasonable opportunity to be heard, the board by  a  three-fifths  vote of all its members finds that he has violated any law  or duly enacted regulation of the board relating to such corporation, or  has  continued  unauthorized  or  unsafe  practices  in  conducting  the  business  of such corporation after having been ordered or warned by the  superintendent  to  discontinue  such  practices,  the  board,  in   its  discretion,  by  a  three-fifths vote of all its members, may order that  such director, trustee or officer be removed from office.    2. Upon service either personally or by registered mail at his address  last known to the superintendent upon such director, trustee, officer or  person in charge of, or officer  of,  a  branch  of  a  foreign  banking  corporation and upon the corporation of which he is a director, trustee,  officer or, in case he is a person in charge of, or officer of, a branch  of  a foreign banking corporation upon such foreign banking corporation,  of a copy of such order, he shall cease to be  a  director,  trustee  or  officer  of such banking organization or person in charge of, or officer  of, a branch of a  foreign  banking  corporation.  Such  order  and  the  findings  of  fact  upon  which  it is based shall not be made public or  disclosed to anyone except the director, trustee or officer or person in  charge of, or officer of, a branch  of  a  foreign  banking  corporation  involved  and  the  directors  or  trustees of the corporation involved,  except in connection with proceedings for a violation of  this  section.  Any  director, trustee or officer or any person or persons in charge of,  or any officer of, a branch of a foreign banking corporation so  removed  from  office who thereafter without permission of the board participates  in any manner in the management of such banking  organization  or  of  a  branch  of  such  foreign  banking  corporation  shall  be  guilty  of a  misdemeanor.