State Codes and Statutes

Statutes > New-york > Bnk > Article-6 > 238

§ 238.  Regulations  and  restrictions as to repayment of deposits. 1.  The repayment of deposits made with any savings bank  and  any  interest  credited thereto, shall be subject to the provisions of this chapter and  to  rules  and  regulations  made  in  accordance  therewith.  Any  such  regulations adopted by the board  of  trustees  shall  be  posted  in  a  conspicuous  place  in  the  office or offices of such savings bank, and  shall be available to depositors upon  request.    All  such  rules  and  regulations,  from  time  to time in effect, and all amendments thereto,  from time to time in effect, shall be binding upon all depositors.    2. A savings bank may at any time by a  resolution  of  its  board  of  trustees  require  a notice of sixty days before repaying deposits which  are not demand deposits, in which event no non-demand deposit  shall  be  due  or  payable  until sixty days after notice of intention to withdraw  the same shall have been personally given by  the  depositor.  Any  such  non-demand deposit shall cease to be due or payable under such notice or  by  reason  thereof  upon the fifteenth day after the expiration of such  sixty days' notice if not withdrawn by  the  fifteenth  day  thereafter.  Nothing herein contained, however, shall be construed as prohibiting any  savings bank from making payments of such deposits before the expiration  of  said  sixty days' notice.  Except as provided in subdivision four of  this section and in subdivision one-a of section two hundred thirty-four  of this chapter, no savings bank shall  agree  with  its  depositors  in  advance  to  waive said sixty days' notice nor shall it require a longer  notice than sixty days. In the event that any savings bank shall require  that notice be given before such deposits may  be  withdrawn  it  shall,  upon   the   day   such   requirement  is  made  effective,  notify  the  superintendent by telephone or telegraph that such requirement has  been  made.    3.  Except  as  provided  in  subdivisions  four, five and six of this  section, a savings bank shall  not  pay,  nor  shall  a  depositor,  his  assignee  or anyone claiming through a depositor, be entitled to receive  any interest or deposit or portion of a deposit, unless the passbook  of  the  depositor  be  produced and the proper entry be made therein at the  time of the payment. The board of trustees, however, may provide in  the  by-laws  for  making  payments  in  cases  of loss of passbook, or other  exceptional cases where the passbooks cannot be produced without serious  inconvenience to depositors. The board of trustees may  further  provide  in  the  by-laws  for  the  payment  of  interest to a depositor without  requiring the production of the passbook, provided that such payment  is  made  (a)  pursuant  to the written request of the depositor, and (b) by  check payable to the order of the depositor.  The  right  to  make  such  payments  without  production  of  the  passbook  shall  cease  when the  superintendent shall so direct, upon his being satisfied that such right  is being improperly exercised.  Payments, however, may be made upon  the  judgment  or order of a court.  Where payment is made without production  of the passbook in accordance with its by-laws, a savings bank shall not  be liable to an assignee of that  passbook  for  such  payment  if  such  assignee  has  not,  prior to such payment, served upon the savings bank  written notice of the assignment. When authorized by the depositor,  or,  in  the  case of a joint account, by both depositors, a savings bank may  charge the account of such depositor or depositors for any sums due  the  insurance  department  of  such  savings  bank,  or  due  the  insurance  department of any other savings bank for  which  it  is  agent,  without  requiring the production of the passbook for the recording of the charge  therein.  For the purpose of this subdivision, the term "passbook" shall  include  any  evidence  of  ownership  of  a  deposit  held  pursuant to  subdivision one-a of section two hundred thirty-four  of  this  chapter,subject,  however,  to  such regulations and restrictions as the banking  board may prescribe pursuant to such subdivision.    4.  A  savings bank may contract with its depositors to repay deposits  of fixed sums made at regular intervals, other than demand deposits  and  deposits  held  pursuant  to  subdivision  one-a  of section two hundred  thirty-four of this chapter, at a given time with all interest  credited  thereon  or to repay said deposits when, together with interest credited  thereon, they shall equal a specific sum and  may  issue  a  certificate  setting  forth the given sum to which such deposits shall be accumulated  or the given time during which the deposits  and  the  interest  thereon  shall be accumulated. Such contract shall not provide for any forfeiture  of  the sums deposited in the event of the discontinuance of the regular  payments. Interest on club accounts, if offered,  must  be  credited  at  least  quarterly and may not be forfeited once credited, in the event of  the discontinuance of regular payments. Any savings bank which  provides  for  deposits  in club accounts shall, in all advertising, announcements  or brochures pertaining to such accounts, state whether or not  interest  is  paid  thereon and, if interest is paid, shall state the rate or form  of interest so paid in accordance with any rules  and  regulations  that  may be prescribed by the superintendent.    4-a.  If  a  deposit held pursuant to subdivision one-a of section two  hundred thirty-four of this chapter is repaid prior to maturity  at  the  request  of  a  depositor,  such  repayment  shall  be  subject  to such  penalties as the banking board may find  to  be  necessary  and  proper,  except  that  no  such  penalty shall be imposed where the depositor has  died or been declared legally incompetent.    5. A savings bank may accept deposits from an employer or an  employee  group,  to  be  credited  to the individual accounts of the members of a  group of employees having a common employer, without the issuance  of  a  passbook  in connection therewith, and may pay to any one of the members  of such group, or to his authorized agent, in person, the whole  or  any  part of such deposits credited to his account together with the interest  credited thereon, without requiring the production of a passbook.    6.  Subject  to  any  regulations  and  restrictions prescribed by the  superintendent of banks, a savings bank may accept  deposits,  including  demand  deposits,  without  the  issuance  of  a  passbook in connection  therewith, and may issue such other evidences of its obligation to repay  such deposits as may be appropriate to safeguard the  interests  of  the  depositors and of the savings bank.

State Codes and Statutes

Statutes > New-york > Bnk > Article-6 > 238

§ 238.  Regulations  and  restrictions as to repayment of deposits. 1.  The repayment of deposits made with any savings bank  and  any  interest  credited thereto, shall be subject to the provisions of this chapter and  to  rules  and  regulations  made  in  accordance  therewith.  Any  such  regulations adopted by the board  of  trustees  shall  be  posted  in  a  conspicuous  place  in  the  office or offices of such savings bank, and  shall be available to depositors upon  request.    All  such  rules  and  regulations,  from  time  to time in effect, and all amendments thereto,  from time to time in effect, shall be binding upon all depositors.    2. A savings bank may at any time by a  resolution  of  its  board  of  trustees  require  a notice of sixty days before repaying deposits which  are not demand deposits, in which event no non-demand deposit  shall  be  due  or  payable  until sixty days after notice of intention to withdraw  the same shall have been personally given by  the  depositor.  Any  such  non-demand deposit shall cease to be due or payable under such notice or  by  reason  thereof  upon the fifteenth day after the expiration of such  sixty days' notice if not withdrawn by  the  fifteenth  day  thereafter.  Nothing herein contained, however, shall be construed as prohibiting any  savings bank from making payments of such deposits before the expiration  of  said  sixty days' notice.  Except as provided in subdivision four of  this section and in subdivision one-a of section two hundred thirty-four  of this chapter, no savings bank shall  agree  with  its  depositors  in  advance  to  waive said sixty days' notice nor shall it require a longer  notice than sixty days. In the event that any savings bank shall require  that notice be given before such deposits may  be  withdrawn  it  shall,  upon   the   day   such   requirement  is  made  effective,  notify  the  superintendent by telephone or telegraph that such requirement has  been  made.    3.  Except  as  provided  in  subdivisions  four, five and six of this  section, a savings bank shall  not  pay,  nor  shall  a  depositor,  his  assignee  or anyone claiming through a depositor, be entitled to receive  any interest or deposit or portion of a deposit, unless the passbook  of  the  depositor  be  produced and the proper entry be made therein at the  time of the payment. The board of trustees, however, may provide in  the  by-laws  for  making  payments  in  cases  of loss of passbook, or other  exceptional cases where the passbooks cannot be produced without serious  inconvenience to depositors. The board of trustees may  further  provide  in  the  by-laws  for  the  payment  of  interest to a depositor without  requiring the production of the passbook, provided that such payment  is  made  (a)  pursuant  to the written request of the depositor, and (b) by  check payable to the order of the depositor.  The  right  to  make  such  payments  without  production  of  the  passbook  shall  cease  when the  superintendent shall so direct, upon his being satisfied that such right  is being improperly exercised.  Payments, however, may be made upon  the  judgment  or order of a court.  Where payment is made without production  of the passbook in accordance with its by-laws, a savings bank shall not  be liable to an assignee of that  passbook  for  such  payment  if  such  assignee  has  not,  prior to such payment, served upon the savings bank  written notice of the assignment. When authorized by the depositor,  or,  in  the  case of a joint account, by both depositors, a savings bank may  charge the account of such depositor or depositors for any sums due  the  insurance  department  of  such  savings  bank,  or  due  the  insurance  department of any other savings bank for  which  it  is  agent,  without  requiring the production of the passbook for the recording of the charge  therein.  For the purpose of this subdivision, the term "passbook" shall  include  any  evidence  of  ownership  of  a  deposit  held  pursuant to  subdivision one-a of section two hundred thirty-four  of  this  chapter,subject,  however,  to  such regulations and restrictions as the banking  board may prescribe pursuant to such subdivision.    4.  A  savings bank may contract with its depositors to repay deposits  of fixed sums made at regular intervals, other than demand deposits  and  deposits  held  pursuant  to  subdivision  one-a  of section two hundred  thirty-four of this chapter, at a given time with all interest  credited  thereon  or to repay said deposits when, together with interest credited  thereon, they shall equal a specific sum and  may  issue  a  certificate  setting  forth the given sum to which such deposits shall be accumulated  or the given time during which the deposits  and  the  interest  thereon  shall be accumulated. Such contract shall not provide for any forfeiture  of  the sums deposited in the event of the discontinuance of the regular  payments. Interest on club accounts, if offered,  must  be  credited  at  least  quarterly and may not be forfeited once credited, in the event of  the discontinuance of regular payments. Any savings bank which  provides  for  deposits  in club accounts shall, in all advertising, announcements  or brochures pertaining to such accounts, state whether or not  interest  is  paid  thereon and, if interest is paid, shall state the rate or form  of interest so paid in accordance with any rules  and  regulations  that  may be prescribed by the superintendent.    4-a.  If  a  deposit held pursuant to subdivision one-a of section two  hundred thirty-four of this chapter is repaid prior to maturity  at  the  request  of  a  depositor,  such  repayment  shall  be  subject  to such  penalties as the banking board may find  to  be  necessary  and  proper,  except  that  no  such  penalty shall be imposed where the depositor has  died or been declared legally incompetent.    5. A savings bank may accept deposits from an employer or an  employee  group,  to  be  credited  to the individual accounts of the members of a  group of employees having a common employer, without the issuance  of  a  passbook  in connection therewith, and may pay to any one of the members  of such group, or to his authorized agent, in person, the whole  or  any  part of such deposits credited to his account together with the interest  credited thereon, without requiring the production of a passbook.    6.  Subject  to  any  regulations  and  restrictions prescribed by the  superintendent of banks, a savings bank may accept  deposits,  including  demand  deposits,  without  the  issuance  of  a  passbook in connection  therewith, and may issue such other evidences of its obligation to repay  such deposits as may be appropriate to safeguard the  interests  of  the  depositors and of the savings bank.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-6 > 238

§ 238.  Regulations  and  restrictions as to repayment of deposits. 1.  The repayment of deposits made with any savings bank  and  any  interest  credited thereto, shall be subject to the provisions of this chapter and  to  rules  and  regulations  made  in  accordance  therewith.  Any  such  regulations adopted by the board  of  trustees  shall  be  posted  in  a  conspicuous  place  in  the  office or offices of such savings bank, and  shall be available to depositors upon  request.    All  such  rules  and  regulations,  from  time  to time in effect, and all amendments thereto,  from time to time in effect, shall be binding upon all depositors.    2. A savings bank may at any time by a  resolution  of  its  board  of  trustees  require  a notice of sixty days before repaying deposits which  are not demand deposits, in which event no non-demand deposit  shall  be  due  or  payable  until sixty days after notice of intention to withdraw  the same shall have been personally given by  the  depositor.  Any  such  non-demand deposit shall cease to be due or payable under such notice or  by  reason  thereof  upon the fifteenth day after the expiration of such  sixty days' notice if not withdrawn by  the  fifteenth  day  thereafter.  Nothing herein contained, however, shall be construed as prohibiting any  savings bank from making payments of such deposits before the expiration  of  said  sixty days' notice.  Except as provided in subdivision four of  this section and in subdivision one-a of section two hundred thirty-four  of this chapter, no savings bank shall  agree  with  its  depositors  in  advance  to  waive said sixty days' notice nor shall it require a longer  notice than sixty days. In the event that any savings bank shall require  that notice be given before such deposits may  be  withdrawn  it  shall,  upon   the   day   such   requirement  is  made  effective,  notify  the  superintendent by telephone or telegraph that such requirement has  been  made.    3.  Except  as  provided  in  subdivisions  four, five and six of this  section, a savings bank shall  not  pay,  nor  shall  a  depositor,  his  assignee  or anyone claiming through a depositor, be entitled to receive  any interest or deposit or portion of a deposit, unless the passbook  of  the  depositor  be  produced and the proper entry be made therein at the  time of the payment. The board of trustees, however, may provide in  the  by-laws  for  making  payments  in  cases  of loss of passbook, or other  exceptional cases where the passbooks cannot be produced without serious  inconvenience to depositors. The board of trustees may  further  provide  in  the  by-laws  for  the  payment  of  interest to a depositor without  requiring the production of the passbook, provided that such payment  is  made  (a)  pursuant  to the written request of the depositor, and (b) by  check payable to the order of the depositor.  The  right  to  make  such  payments  without  production  of  the  passbook  shall  cease  when the  superintendent shall so direct, upon his being satisfied that such right  is being improperly exercised.  Payments, however, may be made upon  the  judgment  or order of a court.  Where payment is made without production  of the passbook in accordance with its by-laws, a savings bank shall not  be liable to an assignee of that  passbook  for  such  payment  if  such  assignee  has  not,  prior to such payment, served upon the savings bank  written notice of the assignment. When authorized by the depositor,  or,  in  the  case of a joint account, by both depositors, a savings bank may  charge the account of such depositor or depositors for any sums due  the  insurance  department  of  such  savings  bank,  or  due  the  insurance  department of any other savings bank for  which  it  is  agent,  without  requiring the production of the passbook for the recording of the charge  therein.  For the purpose of this subdivision, the term "passbook" shall  include  any  evidence  of  ownership  of  a  deposit  held  pursuant to  subdivision one-a of section two hundred thirty-four  of  this  chapter,subject,  however,  to  such regulations and restrictions as the banking  board may prescribe pursuant to such subdivision.    4.  A  savings bank may contract with its depositors to repay deposits  of fixed sums made at regular intervals, other than demand deposits  and  deposits  held  pursuant  to  subdivision  one-a  of section two hundred  thirty-four of this chapter, at a given time with all interest  credited  thereon  or to repay said deposits when, together with interest credited  thereon, they shall equal a specific sum and  may  issue  a  certificate  setting  forth the given sum to which such deposits shall be accumulated  or the given time during which the deposits  and  the  interest  thereon  shall be accumulated. Such contract shall not provide for any forfeiture  of  the sums deposited in the event of the discontinuance of the regular  payments. Interest on club accounts, if offered,  must  be  credited  at  least  quarterly and may not be forfeited once credited, in the event of  the discontinuance of regular payments. Any savings bank which  provides  for  deposits  in club accounts shall, in all advertising, announcements  or brochures pertaining to such accounts, state whether or not  interest  is  paid  thereon and, if interest is paid, shall state the rate or form  of interest so paid in accordance with any rules  and  regulations  that  may be prescribed by the superintendent.    4-a.  If  a  deposit held pursuant to subdivision one-a of section two  hundred thirty-four of this chapter is repaid prior to maturity  at  the  request  of  a  depositor,  such  repayment  shall  be  subject  to such  penalties as the banking board may find  to  be  necessary  and  proper,  except  that  no  such  penalty shall be imposed where the depositor has  died or been declared legally incompetent.    5. A savings bank may accept deposits from an employer or an  employee  group,  to  be  credited  to the individual accounts of the members of a  group of employees having a common employer, without the issuance  of  a  passbook  in connection therewith, and may pay to any one of the members  of such group, or to his authorized agent, in person, the whole  or  any  part of such deposits credited to his account together with the interest  credited thereon, without requiring the production of a passbook.    6.  Subject  to  any  regulations  and  restrictions prescribed by the  superintendent of banks, a savings bank may accept  deposits,  including  demand  deposits,  without  the  issuance  of  a  passbook in connection  therewith, and may issue such other evidences of its obligation to repay  such deposits as may be appropriate to safeguard the  interests  of  the  depositors and of the savings bank.