State Codes and Statutes

Statutes > New-york > Bnk > Article-6 > 258

§ 258.  Prohibition  of unauthorized savings banks and use of the word  "savings";  exception  as  to  school   savings.   1.   No   individual,  partnership,  unincorporated  association  or  corporation  other than a  savings bank, state or federal chartered savings and  loan  association,  bank,  trust  company,  industrial  bank, private banker, national bank,  foreign  banking  corporation  licensed  pursuant  to  this  chapter  to  transact  in  this state the business of receiving deposits or state and  federal chartered credit unions shall make use of the word  "saving"  or  "savings"  or  their equivalent in its banking or financial business, or  use any advertisement containing the  word  "saving"  or  "savings",  or  their  equivalent  in relation to its banking or financial business, nor  shall any individual or corporation other than a savings bank in any way  solicit or receive deposits as a savings bank; but nothing herein  shall  be  construed  to  prohibit the use of the word "savings" in the name of  the Savings and Loan Bank of the State of New York or in the name  of  a  trust company all of the stock of which is owned by not less than twenty  savings banks. Any bank, trust company, industrial bank, private banker,  national  bank,  foreign banking corporation, state or federal chartered  credit unions, individual, partnership,  unincorporated  association  or  corporation  violating this provision shall forfeit to the people of the  state for every offense the sum of one hundred  dollars  for  every  day  such offense shall be continued.    2.  Any  school in the state of New York may collect from time to time  amounts of money from the pupils of such school  and  any  philanthropic  agency  incorporated  for  philanthropic  purposes, if such agency be so  authorized by certificate of the superintendent of  banks,  may  collect  from  time  to  time amounts of money from the children or persons under  the direction or guidance of, or the promotion of whose  welfare  is  an  object of, such philanthropic agency. As to each such school, such money  shall  be  collected  by  or  under the supervision of, the principal or  superintendent of such school or by, or under the  supervision  of,  any  person  designated  for  that purpose by the board of education or other  authority  having  jurisdiction  over  such  school.  As  to  each  such  philanthropic  agency,  such  money  shall be collected by, or under the  supervision of, the superintendent or  other  designated  head  of  such  agency.  All  money so collected shall, not later than the day following  the day of collection, be deposited in some savings bank in  the  state,  be  used  for the purchase of shares in any savings and loan association  organized under this law, or under the laws of the United States,  whose  principal office is located in the state of New York, or be deposited in  any  trust  company  or  state or national bank located in the state and  having an interest department.  All money so collected from  any  person  shall  be  deposited, or used to purchase shares, in his name; provided,  however, that if the principal,  superintendent,  designated  person  or  agency  head  by  whom,  or  under  whose  supervision,  such  money was  collected shall deem the amount of money so collected at any one time to  be insufficient for the opening of individual accounts, such money shall  be deposited, or used to purchase shares, in the name of such principal,  superintendent, designated person or agency head, in trust, to be by him  eventually transferred to the credit of the respective persons  to  whom  the   same   belongs,   and   pending  such  transfer,  said  principal,  superintendent, designated person or agency head shall  furnish  to  the  depositary  institution  or  savings and loan association receiving such  money the name, signature, address, age  and  place  of  birth  of  each  person  from  whom  such  money  was  collected,  and  such  other  data  concerning such person as the institution may  require.  Any  depositary  institution  or  savings  and loan association authorized to receive any  amounts collected by a school or philanthropic agency in accordance withthis subdivision, may, on the request of any person authorized  by  this  subdivision  to  collect  such  amounts for such school or philanthropic  agency, send a collector to  such  school  or  philanthropic  agency  to  receive and receipt for same. Any certificate of authorization issued to  a philanthropic agency by the superintendent of banks in accordance with  this  subdivision  shall specify the period for which such authorization  is to be effective and the area in which collections may  be  made,  and  may  specify any other terms or conditions upon which such authorization  is  granted.  Any  such  authorization  may   be   terminated   by   the  superintendent  of banks by written notice served upon the philanthropic  agency or mailed to it at its  last  known  address.  As  used  in  this  subdivision  with  reference to the placing of amounts with a depositary  institution  or  savings  and  loan  association,  the  words  "the  day  following  the day of collection" shall mean the next day, after the day  of collection, on which such institution  or  association  is  open  for  business.  As used in this subdivision, the words "philanthropic agency"  shall be deemed  to  include,  without  limitation  a  corporation,  not  organized for profit, engaged in promoting the welfare of seamen.    3.  Money,  deposited pursuant to the provisions of subdivision two of  this section and held by such banking organizations in the name of  such  principal,  superintendent, designated person or agency head in a school  district in a city having a population of more  than  one  million,  and  under  whose custodial authority said money has remained for a period of  thirty years may be used by such a school district to establish a  trust  fund  after  due  and diligent effort by such principal, superintendent,  designated person, or agency head to locate and notify any such  persons  entitled  to  receive such property. The income of said trust fund shall  be used to provide college scholarships  to  disadvantaged  youth  on  a  competitive  basis  pursuant  to  rules  promulgated  by  the  board  of  education of said district provided however that such scholarships shall  not exceed the cost of attendance. Any person  or  persons  entitled  to  receive  such  property  shall  be  reimbursed  from funds held in trust  pursuant to this subdivision. A bank shall not be liable as a result  of  action  taken  under the provisions of this subdivision. Furthermore, no  banking organization acting on the instructions of or otherwise  dealing  with  any  such  principal,  superintendent, designated person or agency  head shall be responsible for determining whether  any  such  person  is  acting in accordance with this section or is obliged to inquire into the  validity  or  propriety  of  the actions or instructions executed by any  such person or is bound to see to the application of any funds.

State Codes and Statutes

Statutes > New-york > Bnk > Article-6 > 258

§ 258.  Prohibition  of unauthorized savings banks and use of the word  "savings";  exception  as  to  school   savings.   1.   No   individual,  partnership,  unincorporated  association  or  corporation  other than a  savings bank, state or federal chartered savings and  loan  association,  bank,  trust  company,  industrial  bank, private banker, national bank,  foreign  banking  corporation  licensed  pursuant  to  this  chapter  to  transact  in  this state the business of receiving deposits or state and  federal chartered credit unions shall make use of the word  "saving"  or  "savings"  or  their equivalent in its banking or financial business, or  use any advertisement containing the  word  "saving"  or  "savings",  or  their  equivalent  in relation to its banking or financial business, nor  shall any individual or corporation other than a savings bank in any way  solicit or receive deposits as a savings bank; but nothing herein  shall  be  construed  to  prohibit the use of the word "savings" in the name of  the Savings and Loan Bank of the State of New York or in the name  of  a  trust company all of the stock of which is owned by not less than twenty  savings banks. Any bank, trust company, industrial bank, private banker,  national  bank,  foreign banking corporation, state or federal chartered  credit unions, individual, partnership,  unincorporated  association  or  corporation  violating this provision shall forfeit to the people of the  state for every offense the sum of one hundred  dollars  for  every  day  such offense shall be continued.    2.  Any  school in the state of New York may collect from time to time  amounts of money from the pupils of such school  and  any  philanthropic  agency  incorporated  for  philanthropic  purposes, if such agency be so  authorized by certificate of the superintendent of  banks,  may  collect  from  time  to  time amounts of money from the children or persons under  the direction or guidance of, or the promotion of whose  welfare  is  an  object of, such philanthropic agency. As to each such school, such money  shall  be  collected  by  or  under the supervision of, the principal or  superintendent of such school or by, or under the  supervision  of,  any  person  designated  for  that purpose by the board of education or other  authority  having  jurisdiction  over  such  school.  As  to  each  such  philanthropic  agency,  such  money  shall be collected by, or under the  supervision of, the superintendent or  other  designated  head  of  such  agency.  All  money so collected shall, not later than the day following  the day of collection, be deposited in some savings bank in  the  state,  be  used  for the purchase of shares in any savings and loan association  organized under this law, or under the laws of the United States,  whose  principal office is located in the state of New York, or be deposited in  any  trust  company  or  state or national bank located in the state and  having an interest department.  All money so collected from  any  person  shall  be  deposited, or used to purchase shares, in his name; provided,  however, that if the principal,  superintendent,  designated  person  or  agency  head  by  whom,  or  under  whose  supervision,  such  money was  collected shall deem the amount of money so collected at any one time to  be insufficient for the opening of individual accounts, such money shall  be deposited, or used to purchase shares, in the name of such principal,  superintendent, designated person or agency head, in trust, to be by him  eventually transferred to the credit of the respective persons  to  whom  the   same   belongs,   and   pending  such  transfer,  said  principal,  superintendent, designated person or agency head shall  furnish  to  the  depositary  institution  or  savings and loan association receiving such  money the name, signature, address, age  and  place  of  birth  of  each  person  from  whom  such  money  was  collected,  and  such  other  data  concerning such person as the institution may  require.  Any  depositary  institution  or  savings  and loan association authorized to receive any  amounts collected by a school or philanthropic agency in accordance withthis subdivision, may, on the request of any person authorized  by  this  subdivision  to  collect  such  amounts for such school or philanthropic  agency, send a collector to  such  school  or  philanthropic  agency  to  receive and receipt for same. Any certificate of authorization issued to  a philanthropic agency by the superintendent of banks in accordance with  this  subdivision  shall specify the period for which such authorization  is to be effective and the area in which collections may  be  made,  and  may  specify any other terms or conditions upon which such authorization  is  granted.  Any  such  authorization  may   be   terminated   by   the  superintendent  of banks by written notice served upon the philanthropic  agency or mailed to it at its  last  known  address.  As  used  in  this  subdivision  with  reference to the placing of amounts with a depositary  institution  or  savings  and  loan  association,  the  words  "the  day  following  the day of collection" shall mean the next day, after the day  of collection, on which such institution  or  association  is  open  for  business.  As used in this subdivision, the words "philanthropic agency"  shall be deemed  to  include,  without  limitation  a  corporation,  not  organized for profit, engaged in promoting the welfare of seamen.    3.  Money,  deposited pursuant to the provisions of subdivision two of  this section and held by such banking organizations in the name of  such  principal,  superintendent, designated person or agency head in a school  district in a city having a population of more  than  one  million,  and  under  whose custodial authority said money has remained for a period of  thirty years may be used by such a school district to establish a  trust  fund  after  due  and diligent effort by such principal, superintendent,  designated person, or agency head to locate and notify any such  persons  entitled  to  receive such property. The income of said trust fund shall  be used to provide college scholarships  to  disadvantaged  youth  on  a  competitive  basis  pursuant  to  rules  promulgated  by  the  board  of  education of said district provided however that such scholarships shall  not exceed the cost of attendance. Any person  or  persons  entitled  to  receive  such  property  shall  be  reimbursed  from funds held in trust  pursuant to this subdivision. A bank shall not be liable as a result  of  action  taken  under the provisions of this subdivision. Furthermore, no  banking organization acting on the instructions of or otherwise  dealing  with  any  such  principal,  superintendent, designated person or agency  head shall be responsible for determining whether  any  such  person  is  acting in accordance with this section or is obliged to inquire into the  validity  or  propriety  of  the actions or instructions executed by any  such person or is bound to see to the application of any funds.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-6 > 258

§ 258.  Prohibition  of unauthorized savings banks and use of the word  "savings";  exception  as  to  school   savings.   1.   No   individual,  partnership,  unincorporated  association  or  corporation  other than a  savings bank, state or federal chartered savings and  loan  association,  bank,  trust  company,  industrial  bank, private banker, national bank,  foreign  banking  corporation  licensed  pursuant  to  this  chapter  to  transact  in  this state the business of receiving deposits or state and  federal chartered credit unions shall make use of the word  "saving"  or  "savings"  or  their equivalent in its banking or financial business, or  use any advertisement containing the  word  "saving"  or  "savings",  or  their  equivalent  in relation to its banking or financial business, nor  shall any individual or corporation other than a savings bank in any way  solicit or receive deposits as a savings bank; but nothing herein  shall  be  construed  to  prohibit the use of the word "savings" in the name of  the Savings and Loan Bank of the State of New York or in the name  of  a  trust company all of the stock of which is owned by not less than twenty  savings banks. Any bank, trust company, industrial bank, private banker,  national  bank,  foreign banking corporation, state or federal chartered  credit unions, individual, partnership,  unincorporated  association  or  corporation  violating this provision shall forfeit to the people of the  state for every offense the sum of one hundred  dollars  for  every  day  such offense shall be continued.    2.  Any  school in the state of New York may collect from time to time  amounts of money from the pupils of such school  and  any  philanthropic  agency  incorporated  for  philanthropic  purposes, if such agency be so  authorized by certificate of the superintendent of  banks,  may  collect  from  time  to  time amounts of money from the children or persons under  the direction or guidance of, or the promotion of whose  welfare  is  an  object of, such philanthropic agency. As to each such school, such money  shall  be  collected  by  or  under the supervision of, the principal or  superintendent of such school or by, or under the  supervision  of,  any  person  designated  for  that purpose by the board of education or other  authority  having  jurisdiction  over  such  school.  As  to  each  such  philanthropic  agency,  such  money  shall be collected by, or under the  supervision of, the superintendent or  other  designated  head  of  such  agency.  All  money so collected shall, not later than the day following  the day of collection, be deposited in some savings bank in  the  state,  be  used  for the purchase of shares in any savings and loan association  organized under this law, or under the laws of the United States,  whose  principal office is located in the state of New York, or be deposited in  any  trust  company  or  state or national bank located in the state and  having an interest department.  All money so collected from  any  person  shall  be  deposited, or used to purchase shares, in his name; provided,  however, that if the principal,  superintendent,  designated  person  or  agency  head  by  whom,  or  under  whose  supervision,  such  money was  collected shall deem the amount of money so collected at any one time to  be insufficient for the opening of individual accounts, such money shall  be deposited, or used to purchase shares, in the name of such principal,  superintendent, designated person or agency head, in trust, to be by him  eventually transferred to the credit of the respective persons  to  whom  the   same   belongs,   and   pending  such  transfer,  said  principal,  superintendent, designated person or agency head shall  furnish  to  the  depositary  institution  or  savings and loan association receiving such  money the name, signature, address, age  and  place  of  birth  of  each  person  from  whom  such  money  was  collected,  and  such  other  data  concerning such person as the institution may  require.  Any  depositary  institution  or  savings  and loan association authorized to receive any  amounts collected by a school or philanthropic agency in accordance withthis subdivision, may, on the request of any person authorized  by  this  subdivision  to  collect  such  amounts for such school or philanthropic  agency, send a collector to  such  school  or  philanthropic  agency  to  receive and receipt for same. Any certificate of authorization issued to  a philanthropic agency by the superintendent of banks in accordance with  this  subdivision  shall specify the period for which such authorization  is to be effective and the area in which collections may  be  made,  and  may  specify any other terms or conditions upon which such authorization  is  granted.  Any  such  authorization  may   be   terminated   by   the  superintendent  of banks by written notice served upon the philanthropic  agency or mailed to it at its  last  known  address.  As  used  in  this  subdivision  with  reference to the placing of amounts with a depositary  institution  or  savings  and  loan  association,  the  words  "the  day  following  the day of collection" shall mean the next day, after the day  of collection, on which such institution  or  association  is  open  for  business.  As used in this subdivision, the words "philanthropic agency"  shall be deemed  to  include,  without  limitation  a  corporation,  not  organized for profit, engaged in promoting the welfare of seamen.    3.  Money,  deposited pursuant to the provisions of subdivision two of  this section and held by such banking organizations in the name of  such  principal,  superintendent, designated person or agency head in a school  district in a city having a population of more  than  one  million,  and  under  whose custodial authority said money has remained for a period of  thirty years may be used by such a school district to establish a  trust  fund  after  due  and diligent effort by such principal, superintendent,  designated person, or agency head to locate and notify any such  persons  entitled  to  receive such property. The income of said trust fund shall  be used to provide college scholarships  to  disadvantaged  youth  on  a  competitive  basis  pursuant  to  rules  promulgated  by  the  board  of  education of said district provided however that such scholarships shall  not exceed the cost of attendance. Any person  or  persons  entitled  to  receive  such  property  shall  be  reimbursed  from funds held in trust  pursuant to this subdivision. A bank shall not be liable as a result  of  action  taken  under the provisions of this subdivision. Furthermore, no  banking organization acting on the instructions of or otherwise  dealing  with  any  such  principal,  superintendent, designated person or agency  head shall be responsible for determining whether  any  such  person  is  acting in accordance with this section or is obliged to inquire into the  validity  or  propriety  of  the actions or instructions executed by any  such person or is bound to see to the application of any funds.