Adoption of Amendments to Supervisory Procedure FB 105
(Procedure for a Foreign Banking Corporation for a Change of Manager, Deputy Manager, Representative or Individual Designated to Receive Process)
SUPERVISORY PROCEDURE FB 105
PROCEDURE FOR A FOREIGN BANKING CORPORATION FOR A
CHANGE OF MANAGER, DEPUTY MANAGER, REPRESENTATIVE OR INDIVIDUAL
DESIGNATED TO RECEIVE PROCESS
(Statutory authority: Banking Law § 200)
§ 105.1 General Information.
A foreign banking corporation maintaining a New York State-licensed branch, agency or representative office that proposes to change its manager, deputy manager, representative or individual designated to receive process, shall submit a letter to the superintendent indicating the name(s) of the individual(s) to whom such change is being made.
§ 105.2 Documents required.
The letter shall be accompanied by:
(a) A certified copy of the resolution of the foreign banking corporation’s board of directors (accompanied by a translation into English if applicable) sworn to before a United States Consular Official (or accompanied by an apostille):
(1) authorizing designation of the person who is to be in charge of the business and affairs of the branch or agency, or named as the representative of the bank, and/or authorizing designation of the officer to whom process may be forwarded by the Superintendent of Banks; or
(2) evidencing that the board of directors has designated a person in the bank who is authorized to appoint persons to the position of general manager, deputy general manager, representative of the bank, or officer to whom process may be forwarded by the Superintendent of Banks, accompanied by a certificate (in English), signed by the person designated in the resolution, appointing an individual to such position[.];
(b) Certificate of designation, specifying the name and address of the officer to whom process may be forwarded by the superintendent if different (form available from superintendent)[.];
(c) With respect to the manager, deputy manager and/or representative:
(1) A litigation affidavit executed by the new individual (form available from superintendent)[.]; and
[(d)] (2) A brief resume of the new individual, disclosing his or her educational and business background.