N.Y. Comp. Codes R. & Regs. tit. 3 § 105.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 105.1 - General information

(a) A separate application shall be submitted with respect to each action or transaction for which approval is sought and six copies thereof together with all exhibits shall be submitted to the superintendent at the address set forth in section 1.1 of Supervisoy Policy G 1 of this Title (Attention: Applications Unit). Each application shall be accompanied by payment of the fee specified in section 1.2 of Supervisory Policy G 1 of this Title if filed pursuant to Banking Law, sections 136, 136-a, 142, 143-a, 601 or 601-a. I nquiries concerning the preparation of an application should be addressed to the Applications Unit of the Banking Department, at the address set forth in section 1.1 of Supervisory Policy G 1 of this Title.

(b) The statutory period for approval or disapproval of an application submitted pursuant to this Procedure shall commence on the date that the Banking Department shall acknowledge to the applicant that the contents of the application and the required documents and exhibits are acceptable in the form submitted.

(c) The corporate approvals required by the Banking Law and by applicable Federal law with respect to each action or transaction shall be obtained before the application for approval by the Superintendent or the Banking Board, as the case may be, is submitted, except that an application by a bank holding company to vote the stock of a banking subsidiary in connection with a merger or an acquisition of assets must receive approval by the Banking Board prior to submission of the merger or acquisition of assets proposal to stockholders.

(d) The superintendent reserves the right to require additional information in connection with the application. The applicants may, of course, submit any information in addition to that required which they deem pertinent to the application.

(e) Unless otherwise indicated, all statistical data required to be submitted in the application (e.g., as to deposits and loans) shall be furnished as of December 31st preceding the date of submission.

(f) The application may be filed in the form that such application is filed with the appropriate Federal supervisory authority, provided permission to so file has been requested in writing from the Commercial Banks Division and such permission has been granted; and provided further that any information, documents or exhibits not required by the Federal form but required by this Procedure are included in the application or in a supplement or supplements to the application.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 105.1