N.Y. Banking Law § 234: General powers

§ 234. General powers. Every savings bank shall have, subject to the

restrictions and limitations contained in this chapter, the following

powers:

1. To receive and repay deposits, including demand deposits; invest

its funds; pay interest on deposits; and exercise all such incidental

powers as shall be necessary to conduct the business of a savings bank,

including, subject to regulation by the superintendent of financial

services, the power to charge for maintaining a demand deposit account

or for honoring checks drawn on or accepting deposits made to such an

account.

1-a. Subject to such regulations and restrictions as the

superintendent of financial services finds to be necessary and proper,

to contract to receive time deposits, including deposits upon which the

savings bank contracts to pay interest at a fixed rate.

2. To issue transferable certificates showing the amounts contributed

to the surplus fund by any incorporator or trustee. Each such

certificate shall contain a statement that the amount represented by it

does not constitute a liability of such savings bank, except as provided

in this article.

3. To acquire, hold, lease and convey real property.

4. To improve real property acquired by it when such improvements are

necessary to protect the interest of the savings bank therein and to

facilitate the sale thereof.

5. To borrow money for the purpose of repaying depositors and to

pledge or hypothecate its assets as collateral for any such loans.

5-a. Subject to such regulations and restrictions as the

superintendent of financial services finds to be necessary and proper,

to borrow money for purposes other than that of repaying depositors and

to pledge or hypothecate its assets as collateral for any such loans.

5-b. Subject to such regulations and restrictions as the

superintendent of financial services finds to be necessary and proper

and notwithstanding any other provisions of law, to issue notes, bonds,

debentures, or other obligations or other securities subordinated to

deposits in such savings bank; provided that, unless the superintendent

has given prior approval otherwise, the aggregate principal amount

thereof at the time of issuance shall not exceed twenty-five per cent of

the net worth of such savings bank, exclusive of all such notes, bonds,

debentures, or other obligations or other securities. The proceeds or

other consideration derived by a savings bank from the issuance pursuant

to this subdivision of any such notes, bonds, debentures, or other

obligations or other securities shall be deemed for purposes of this

chapter to constitute a part of the net worth of such savings bank.

5-c. To accept moneys deposited by the comptroller or the commissioner

of taxation and finance as linked deposits pursuant to article fifteen

of the state finance law and to enter into agreements, pledge assets or

furnish other security, including, but not limited to, an irrevocable

letter of credit issued by a federal home loan bank, satisfactory in

form and amount to such authorized depositor, for the repayment of such

moneys.

5-d. To accept moneys deposited by the comptroller or the commissioner

of taxation and finance in a branch located in a banking development

district established pursuant to section ninety-six-d of this chapter

and to enter into agreements, pledge assets or furnish other security,

including, but not limited to an irrevocable letter of credit issued by

a federal home loan bank, satisfactory in form and amount to such

authorized depositor, for the repayment of such moneys.

5-e. To accept moneys deposited by the New York state environmental

facilities corporation as linked deposits pursuant to article sixteen of

the state finance law and to enter into agreements, pledge assets or

furnish other security, satisfactory in form and amount to the New York

state environmental facilities corporation, for the repayment of such

moneys.

6. To collect promissory notes or bills of exchange.

7. To receive as depositary, or as bailee for safekeeping, obligations

of the United States government.

8. To receive money for transmission and to transmit the same.

9. To engage in the safe deposit business by renting safe deposit

boxes in which to keep personal property and papers of any kind.

10. To act as agent in the sale of travelers' checks.

11. To assume and discharge such obligations to Federal Deposit

Insurance Corporation as may be necessary or required for the purpose of

maintaining deposit insurance in such corporation.

12. To become a member of a federal reserve bank and to have and

exercise all powers, not in conflict with the laws of this state, which

are conferred upon any such member by the federal reserve act. Such

savings bank and its trustees and officers shall continue to be subject,

however, to all liabilities and duties imposed upon them by any law of

this state and to all the provisions of this chapter relating to savings

banks.

13. To become a member of a federal home loan bank and to have and to

exercise all powers, not in conflict with the laws of this state, which

are conferred upon any such member by the federal home loan bank act.

Such savings bank and its trustees and officers shall continue to be

subject, however, to all liabilities and duties imposed upon them by any

law of this state and to all provisions of this chapter relating to

savings banks.

15. To perform services for the Federal National Mortgage Association

created under the housing act of nineteen hundred fifty-four, as amended

from time to time, and to sell or assign mortgages to such association

and in connection therewith to make capital contributions thereto,

purchase stock thereof, and do any and all other acts which under the

laws and regulations applicable to such sales may be required to enable

such sales to be effected.

16. To service mortgages for others, and to render investment advice

incidental to the purchase of and investment in mortgages by others,

provided, however, that the superintendent of financial services shall

have power to prescribe, by specific or general regulation, the extent

to which and the conditions upon which such mortgages may be serviced

and such investment advice may be rendered.

17. To sue and to be sued in all courts and to participate in actions

and proceedings, whether judicial, arbitrative or otherwise, in like

cases as natural persons.

18. To have a corporate seal, and to alter such seal at pleasure, and

to use it by causing it or a facsimile to be affixed or impressed or

reproduced in any other manner.

19. To make donations, irrespective of corporate benefit, for the

public welfare or for community fund, hospital, charitable, educational,

scientific, civic or similar purposes, and in time of war or other

national emergency in aid thereof.

20. To elect or appoint officers, employees, and other agents of the

savings bank, define their duties, fix their compensation, and to indem-

nify corporate personnel.

21. To execute and deliver such guaranties as may be incidental or

usual in the transfer of investment securities.

22. To have perpetual existence.

23. To have and exercise all other powers necessary or appropriate in

conducting the business of the savings bank.

24. Subject to such regulations as the superintendent of financial

services finds to be necessary and proper, and notwithstanding any other

provision of law, to accept federal tax and loan accounts, the balances

of which are payable on demand without previous notice of intended

withdrawal and to pledge collateral to secure such accounts.

25. Subject to any limitations or other specific provisions contained

in this chapter or any other statute of this state or its organization

certificate, and as shall be appropriate in conducting the business of

the corporation, and only for such activities which are authorized by

this chapter for savings banks: to be a promoter, partner, member,

associate or manager of other business enterprises or ventures, or to

the extent permitted in any other jurisdiction to be an incorporator of

other corporations of any type or kind.

26. To engage in a "savings promotion" in accordance with section

nine-v of this chapter and subject to any regulations promulgated by the

superintendent. The superintendent shall consult with the state gaming

commission before proposing any such regulations or any amendments

thereto. Such regulations shall ensure that:

a. no participant in a savings promotion is charged any fee that would

constitute, directly or indirectly, consideration for participation in

such savings promotion; and

b. no participant in a savings promotion foregoes, directly or

indirectly, any interest that would constitute consideration for

participation in such savings promotion.