N.Y. Banking Law § 28-a: Temporary change of location; approval or refusal; certificate

§ 28-a. Temporary change of location; approval or refusal;

certificate. Notwithstanding any provisions of law limiting the number

of offices which may be maintained thereby, any banking organization or

foreign banking corporation may make a written application to the

superintendent for a temporary change of location of its authorized

place or one of its authorized places of business or a portion thereof

to another place within the state which shall be as near as practicable

to such authorized place of business. At the time of making the

application an investigation fee as prescribed pursuant to section

eighteen-a of this article shall be paid to the superintendent for each

temporary location for which leave to open is sought, except where (1)

the applicant would not be required to pay an investigation fee upon the

filing of an application for a change of location under provisions of

this chapter other than this section, or (2) said application is

necessitated by damage or destruction caused by flood, tidal wave,

earthquake, conflagration, tornado, hurricane, cyclone, windstorm or

other storm or such other event as shall have been declared a

catastrophe by the superintendent. If there is no reasonable objection

to such change, and if the superintendent finds that such change is

necessary or desirable during a period of construction, repair,

alteration, improvement, or reconstruction of the previously authorized

place of business, he or she shall issue a certificate under his or her

hand and the official seal of the department authorizing each such

change and specifying (a) the period during which such temporary

location may be maintained, (b) the date on or after which such change

may be made, and (c) the powers which may be exercised thereat. The

superintendent shall cause the original of such certificate to be

transmitted to the applicant, a copy to be filed in the office of the

department and a copy to be filed in the office of the clerk of the

county in which the principal office of the applicant is located. If the

superintendent shall be satisfied in any case that a change is

undesirable or inexpedient, he or she shall refuse such application and

notify the applicant of his or her determination. A temporary place of

business occupied pursuant to the provisions of this section shall be

closed as soon as practicable, and in no event later than the date

specified in its authorization certificate, unless the superintendent

shall have extended such time. The banking organization or corporation

shall notify the superintendent in writing prior to such closing as to

the date it intends to close the temporary place of business.