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Adopted Regulations

Amendments to Supervisory Policies G 4 and G 6 and Supervisory Procedures G 104, G 105, G 108, CB 103, SB 101 and SL 101 (Streamlined Requirements for Branch and Related Applications).

July 22, 2005

UPERVISORY POLICY G 4
PUBLIC ACCOMMODATION OFFICES, ADJOINING FACILITIES, AND ADJACENT FACILITIES
(Statutory authority: Banking Law, § 195)


Sec.

4.1 General statement
4.2 Adjoining or adjacent facilities
4.3 Existence of public accommodation office not considered in evaluating application for full-service branch

Historical Note

Policy filed Aug. 13, 1973; amds. filed: Jan. 9, 1974; June 17, 1974; May 9, 1975; July 26, 1979; Dec. 22, 1981 eff. Dec. 22, 1981.

§ 4.1 -- General statement.

The Banking Board Superintendent of Banks is prepared to authorize public accommodation offices for commercial banks, savings banks and savings and loan associations, subject to the requirements of article IV-A of the Banking Law and provided that the convenience and advantage of the public would be served thereby, unsound or destructive competition would not result, and there is a reasonable likelihood of success for the proposed office. The guidelines set forth below are in furtherance of these objectives.


§ 4.2 -- Adjoining or adjacent facilities.

The establishment of the fSollowing does not require authorization by the sSuperintendent or the Banking Board:

  1. Any facility which adjoins the wall of an existing office of an institution.

  2. Any facility which is within 150 feet of the nearest wall of an institution's head principal office or branch provided that such facility is located on the same property or property contiguous with the head principal office or branch and there is no intervening space occupied or which may be occupied by anyone else (except for purposes of parking by bank customers and employees), and no public street or thoroughfare, between the facility and the institution's head principal office or branch. However, the Superintendent of Banks must be notified of an institution's intention to open such facility at least 60 30 days in advance of such opening and such institution must provide proof satisfactory to the sSuperintendent that the facility meets the above criteria.

§ 4.3 -- Existence of public accommodation office not considered in evaluating application for full-service branch.

The existence of a public accommodation office shall not be considered as a factor in the evaluation of an application for a full-service branch.

SUPERVISORY POLICY G 6
BRANCHING POLICY FOR BANKING ORGANIZATIONS
(Statutory authority: Banking Law, §§ 14[1] [g], 29)

Sec 

6.1 General statement
6.2 Competing applications
6.3 Competitive effects on other institutions

Historical Note

Policy filed July 26, 1979; amd. filed Dec. 9, 1980 eff. Dec. 9, 1980.

§ 6.1 -- General statement.

The Banking Board Superintendent of Banks is prepared to authorize branches of State-chartered banking organizations, provided that the proposed branch will promote the convenience and advantage of the public, approval of the proposed branch will not result in unsound and destructive competition, the performance of the institution pursuant to the standards set forth in Part 76 of this Title is satisfactory to the department, and the policies, condition and operation of the institution do not afford a basis for supervisory objection. The words banking organizations as used hereinafter in this supervisory policy shall include all banking organizations (as defined in section 2[11] of the Banking Law) which are authorized by the Banking Law to open a branch offices, subject to the provisions of section 29 of the Banking Law. The words branch, branches, office and offices as used in this supervisory policy shall not include limited branches, public accommodation offices, satellite offices, automated teller machines, point-of-sale terminals or similar facilities.

§ 6.2 -- Competing applications.

  1. If applications are filed by two or more institutions for new branches in the same area and, in the judgment of the Banking Board Superintendent, approval of only one branch is warranted, particular consideration will be given to the following factors:

  1. which of the proposed branch sites is most conveniently accessible to the public;

  2. which of the institutions is best able, in terms of capital and management strength, to support an additional office;

  3. the effects of approval on competition and public choice among banking institutions in the area;

  4. the effects of approval on the competitive banking structure on a citywide or county-wide basis;

  5. the performance of the institution pursuant to the standards set forth in General Regulation Part 76; and

  6. any other factors which may be of particular relevance in a given situation.

  1. In no event will the date of filing of the application be the sole factor in deciding which of the competing branch applications is approved.

§ 6.3 -- Competitive effects on other institutions.

In determining whether approval of a branch application by an institution will result in unsound and destructive competition, consideration will be given to all banking organizations (as defined in section 2[11] of the Banking Law) as well as to all national banks, out-of-state state banks, Federal savings banks and Federal savings and loan associations, in substantial competitions with the proposed branch.

SUPERVISORY PROCEDURE G 104
APPLICATION FOR A PUBLIC ACCOMMODATION OFFICE
(Statutory authority: Banking Law, § 29)


Sec.
104.1 General information
104.2 Contents of application
104.3 Supporting information


Historical Note

Procedure filed June 9, 1970; amds. filed: June 8, 1973; Nov. 10, 1989 eff. Nov. 29, 1989. Amended 104.1, 104.3(a).

§ 104.1 -- General information.

A bank or trust company, savings bank or savings and loan association which seeks approval of a public accommodation office pursuant to Banking Law, section 191 should submit a letter an application for such approval to the sSuperintendent, accompanied by a check for an investigation fee of $650 payable to the order of "Superintendent of Banks of the State of New York".

§ 104.2 -- Contents of application.

The information contained in the application should be the same as that provided in an application for a full-service branch (excluding the information contained in the certificate of merit), should be signed by a duly authorized officer and should contain the address of the office to which the public accommodation office is to be an adjunct and the location (by street address if available) to the proposed facility.

Application requirements are set forth by the Superintendent of Banks.  Forms may be obtained directly from the Department, and are available on the Department's Website (www.banking.state.ny.us).  Additional information may be required on a case-by-case basis.

§ 104.3 -- Supporting information.

Each application should be accompanied by the following:

  1. a supporting statement explaining the rationale for the establishment of such an office;

  2. data concerning the proposed site, the layout of the facility and the estimated costs of construction and equipment;

  3. a map of the general area showing the distance and direction to all competing institutions within such area;

  4. a certification of the distance between the proposed public accommodation office and the office to which it is to be an adjunct, measured as prescribed by Banking Law, section 192;.

  5. a certified copy of a resolution duly adopted by a majority of the applicant's board of directors or board of trustees, as the case may be, authorizing the filing of the application; and

  6. a complete breakdown of the costs (excluding salaries of full-time employees of the bank) required to prepare and file the application, including costs of attorneys, if any, options, consultant fees for preparation of supporting economic data, etc. (please note that contingency fees are not allowed by this department).

SUPERVISORY PROCEDURE G 105
APPLICATION FOR A CHANGE OF LOCATION OR A CHANGE OF DESIGNATION OF PRINCIPAL OFFICE
(Statutory authority: Banking Law, § 28)


105.1 General information
105.2 Application
105.3 Additional information
105.4 Confidential information
105.5 Information required for certain relocations

Procedure filed June 9, 1970; amds. filed: April 28, 1971; June 8, 1973; Nov. 29, 1977; Nov. 10, 1989 eff. Nov. 29, 1989. repealed 105.2, renum. 105.3 - 105.5 to be 105.2 - 105.4.

§ 105.1 -- General information.

Requests for approval to change the location of a place of business or to change the designation of a principal office should be submitted by letter application to the sSuperintendent, accompanied, except in the case of an application by a credit union, by a check for an investigation fee of $450. in satisfaction of the investigation fee, payable to "Superintendent of Banks of the State of New York ."  Banking organizations subject to Article III, VI, X, or XI of the Banking Law which seek to change the location of a place of business may utilize an application form in lieu of a letter application.  Forms may be obtained directly from the Department, and are available on the Department's Website (www.banking.state.ny.us).  Banking organizations subject to other articles of the Banking Law which seek to change the location of a place of business should submit a letter application setting forth the information required in Sections 105.2 and 105.3 of this Procedure.

§ 105.2 -- Application.

The application submitted to the New York State Banking Department, Two Rector Street, New York, NY 10006, (Attn: Research and New Facilities Division), New York City Office of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1, should state the reason for any proposed change, should include addresses of the offices affected by any such proposed change, and should be accompanied by a copy of the resolution of the board of directors/trustees authorizing such application.  (Banking organizations subject to Article III, VI, or X of the Banking Law eligible for the expedited branch application process may submit a statement that a resolution has been passed in lieu of submitting a copy.)

§ 105.3 -- Additional information.

If the application is for a change of location, the applicant should submit the following documents:

  1. copy of an option to the purchase or to lease the proposed premises, including in the case of a lease the rental terms proposed (the lease should be conditioned upon approval of the application by the superintendent);

  2. a statement giving the proposed date for commencement of operations at the new location and:

  1. stating that no lease of for the proposed premises will contain a clause prohibiting the landlord from renting space to another banking institution under State or Federal supervision;

  2. stating whether any director, trustee, officer or employee of the applicant has any interest, direct or indirect, in the proposed premises, or in the construction thereof;

  3. estimating the cost of establishing an office at the new location;

  4. describing the present and proposed locations;

  5. setting forth a comparison of occupancy costs in the present and proposed locations;

  6. comparing the size of the present and proposed premises in square feet;

  7. confirming that the proposed site has been appropriately zoned to permit the operation of a banking office;

  8. stating whether or not the contemplated expenditures for acquisition of land and buildings, or leasehold improvements, may be incurred within the relevant statutory limits;

  9. indicating the proposed disposition of the present location, if owned, or if leased, the arrangements made to terminate the lease or to sublet the premises; and

  10. confirming that the establishment of the office at the proposed location does not conflict with any of the existing provisions of the New York State Historic Preservation Act;

  11. stating that the applicant is aware of and has given due consideration to adopting appropriate security measures in accordance with industry standards; and

  12. confirming that the level of service at the new location will be substantially the same as, or greater than, the level of service presently being offered.  (If this is not the case, an explanation should be provided.)

  1. Any additional items which the Department may require on a case-by-case basis.

    plot plan, floor plan and, if available, preliminary architect's sketch;

  2. map showing the present location, the proposed location and each competing facility in the general area of the new location and stating the distance and direction from the present site to the proposed location, and the distance and travel time by the shortest route between the proposed location and each competing institution shown on the map; and

  3. A complete breakdown of the costs (excluding salaries of full-time employees of the bank) required to prepare and file the application, including costs of attorneys, if any, options, consultant fees for preparation of supporting economic data, etc. (please note that contingency fees are not allowed by this department).

§ 105.4 -- Confidential information.

Information as to the following confidential items in an application for a change of location should be furnished on separate pages which can be detached from the rest of the application:

  1. the statement estimating the cost of establishing an office at the new location;

  2. the statement setting forth a comparison of occupancy costs in the present and proposed locations;

  3. the statement indicating the proposed disposition of the present location, if owned, or if leased, the arrangements made to terminate the lease or to sublet the premises; and

  4. the copy of an option to purchase or to lease the proposed premises, including in the case of a lease the rental terms proposed.

In accordance with Supervisory Procedure G 106 (Public Access to Banking Department Records), the entire application and all supporting material are available for public inspection except for confidential material.  If the applicant believes that the public availability or disclosure of certain of the information provided would be clearly harmful, such information should be segregated from the public portion and labeled "Confidential."  The applicant should also state the reasons for any request for confidentiality.

§ 105.5 -- Information required for certain relocations.

The following applies to banking organizations subject to Article III, VI, or X of the Banking Law:  For a planned change of location in which the proposed site is outside the immediate neighborhood of the present office, or the nature of the business of the office or the customers served by the office would be substantially affected, the customers of the office must be given prior notice of the relocation of at least ninety days, in the manner set forth in section 112.3 of Supervisory Procedure G 112  (Report of Planned Branch Closings).

SUPERVISORY PROCEDURE G 108
EVIDENCE OF COMPLIANCE WITH EXECUTIVE LAW, Section 296-a
(Statutory authority: Executive Law, § 296-a; Banking Law, § 9-d)


Sec.

108.1 Application of procedure
108.2 Certification
108.3 Supporting documents

History

Procedure (§§ 108.1 - 108.3) filed June 7, 1976; Mar. 25, 1977 eff. Aug. 24, 1976. Amended 108.3

§ 108.1 -- Application of procedure.

The procedure outlined in this section applies to every creditor, as defined in section 292 of the Executive Law, who applies to the superintendent or the banking board for any approval or other action requiring consideration of the public interest and the needs and convenience thereof, or requiring a finding that the financial responsibility, experience, character, and general fitness of the applicant, and of the members thereof if the applicant is a co-partnership or association, and of the officers and directors thereof if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business will be operated honestly, fairly and efficiently. The procedure also applies to all persons, corporations, partnerships or other entities who apply to the superintendent or banking board for the approval of the certificate of organization of a proposed banking organization, as defined in section 2 of the Banking Law, or for the issuance of a license pursuant to the Banking Law. Such applications include, but are not limited to, the following:

  1. application for approval of the organization certificate of a proposed banking organization or private banker's certificate;

  2. application by a foreign corporation for leave to do business in New York as a branch or agency or for renewal of a license therefor;

  3. application for approval of a branch;

  4. application for approval of a public accommodation office;

  5. application for approval of the conversion or merger of a national banking association into a State bank;

  6. application for approval of the purchase of the assets of a national banking association by a bank or trust company;

  7. application for approval of the acquisition and/or exercise of control of a banking organization;

  8. application for a licensed lender license;

  9. application for a sales finance company license;

  10. application for a premium finance agency license;

  11. application for the approval of a merger of two or more banking organizations;

  12. application for a transmitter of money license; and

  13. application for approval to be a bank holding company pursuant to section 141.

§ 108.2 -- Certification.

  1. Any person filing an application of the type described in section 108.1 of this Supervisory Procedure shall certify as follows:

  1. In the case of a creditor, that it is in compliance with and will continue to comply with section 296-a of the Executive Law.

  2. In the case of persons applying for the approval of an organization certificate or a private banker's certificate or for the issuance of a license, that the proposed banking organization or licensee will comply with section 296-a of the Executive Law.

  1. Forms for certification may be obtained from the Market Analysis and Research Division of the Banking Department, Two World Trade Center, New York, New York 10047 New York City Office of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1.

§ 108.3 -- Supporting documents.

  1. Except as otherwise provided in subdivisions (b) and (c) of this section every certificate submitted by a creditor pursuant to section 108.2(a) of this Supervisory Procedure shall be accompanied by the affidavit of an officer or, in the case of a non-corporate creditor, of a principal or duly authorized representative, which shall state the action taken by such creditor to insure that it is in compliance with section 296-a of the Executive Law. Such statement should include, but need not be limited to, a description of training programs for personnel, materials circulated, statements of policy and names of officials charged with overseeing compliance with section 296-a of the Executive Law, as well as any other evidence which demonstrates such compliance.

  2. If a creditor has filed an affidavit with the Banking Department pursuant to subdivision (a) of this section within the 12 months immediately preceding the date on which it files an application for which a certificate is required by section 108.2(a) of this Supervisory Procedure and there has been no change in the facts and circumstances stated in such affidavit, the creditor may so state and may file such statement in lieu of the affidavit required by subdivision (a) of this section.

  3. A creditor may elect to file an affidavit containing the information described in subdivision (a) of this section with the Banking Department at any time. A creditor who has filed such an affidavit within the 12 months immediately preceding the filing of an application for which a certification is required by section 108.2(a) of this Supervisory Procedure may, in connection with such certification and in lieu of filing the affidavit required by subdivision (a) of this section, refer to the affidavit filed pursuant to this subdivision and state that there has been no change in the facts and circumstances stated therein.

SUPERVISORY PROCEDURE CB 103
APPLICATION FOR COMMERCIAL BANK BRANCH OFFICES

(Statutory authority: Banking Law, §14[1] [g], 29)

Sec.

103.1 General information
103.2 Application for specific site
103.3 Immediate neighborhood applications
103.4 2 Application for community afforded home office protection
103.5 Application for a limited branch
103.6 Application for a branch bank in a foreign country

Historical Note

Procedure filed June 9, 1970 eff. Apr. 1, 1970; amds. filed: Mar. 5, 1973; Dec. 7, 1973; Aug. 20, 1975; Nov. 29, 1977 eff. Nov. 29, 1977. Amended 103.1(a).

§ 103.1 -- General information.

  1. A bank, trust company, industrial bank or safe deposit company which seeks permission to open a branch office should file an application therefor with the Superintendent of Banks, New York State Banking Department, 2 World Trade Center, New York, N.Y. 10047 (Attention: Market Analysis and Research Division) at the New York City Office of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1, which meets the requirements of this supervisory procedure, accompanied, in the case of a bank or trust company or industrial bank, by a check for an investigation fee of $650 to cover the investigation fee, payable to the order of "Superintendent of Banks of the State of New York ". The words "branch", "office", and "offices" as used in this supervisory procedure shall include limited purpose branches, but shall not include automated teller machines, point-of-sale terminals or similar facilities.

  2. Each application contemplated by this supervisory procedure should be accompanied by four copies of a "Certificate of Merit" (current outline of certificate of merit available from New Facilities Division), and a certified copy of the resolution of the board of directors authorizing the application and designating an officer to submit it.

  3. Information as to the following confidential items should be furnished on separate pages which can be detached from the rest of the certificate of merit.

  1. Any information which, if made public, might adversely affect ongoing negotiations;

  2. Information on branch security precautions;

  3. Information on the financing of the branch building or fixed assets.

  1. In accordance with Supervisory Procedure G 106 (Public Access to Banking Department Records), the entire application and all supporting material are available for public inspection except for confidential material.  If the applicant believes that the public availability or disclosure of certain of the information provided would be clearly harmful, such information should be segregated from the public portion and labeled "Confidential."  The applicant must also state the reasons under Section 87(2) of the Freedom of Information Law for any request for confidentiality.

  2. The Banking Department processes branch applications using either an expedited application process or a standard application process. An institution is eligible for the expedited process if it satisfies all of the following criteria:

  1. Has a composite CAMELS rating of "1" or "2";

  2. Has at least a satisfactory ("2") rating for management;

  3. Is well capitalized in accordance with applicable Federal standards

  4. Has a CRA rating of "Satisfactory" or better; and

  5. Has no major unresolved supervisory issues outstanding (as determined by the Banking Department in its discretion).

Application requirements are set forth by the Superintendent of Banks.  Forms and instructions may be obtained directly from the Department, and are available on the Department's Website (www.banking.state.ny.us).

  1. An application should be filed concurrently with the appropriate Federal supervisory authority if Federal approval is also required.  An applicant may submit information to the Banking Department by submitting a copy of the appropriate Federal or uniform state application and providing cross-references to the information contained therein.  Such Federal or uniform state applications shall be supplemented where necessary to comply with the Banking Department's specific application requirements.

§ 103.2 -- Application for specific site.

The applicant should use either the standard form of commercial bank branch application current form of Commercial Bank Branch Application available from New Facilities Division or a letter application containing all the information requested on the standard form.

§ 103.3 -- Immediate neighborhood applications.

  1. In unusual circumstances, the Banking Department will accept an application for an unspecified location in the "immediate neighborhood" of a designated reference point. Such an application should contain only the information required by Items 1, 2 and 3 of the standard form of commercial bank branch application.

  2. If such an "immediate neighborhood" application is approved, the applicant will be required, within one year after such approval, to furnish the department and the appropriate Federal supervisory authority with detailed information as to the exact location of the proposed branch office and up-to-date estimates of its cost.

  3. A certificate of authorization for such branch office will be issued only after the information required in paragraph (b) has been submitted to and reviewed by the department.

  4. The department's Weekly Bulletin will publicize separately the date of filing of an "immediate neighborhood" application, the date of Banking Board action on such application, and the date the superintendent issues a certificate of authorization for a branch office at an exact location.

§ 103.[4] 2-- Application for community afforded home office protection.

The Banking Department will not accept applications for branch offices in communities from which the applicant would be barred, at the time of filing, under the home office protection provisions of the New York Banking Law provided, however, such a branch application may be accepted for filing if there exists on such date any application with the appropriate regulatory authorities which would, if approved, eliminate the protection provisions of section 105 of the New York Banking Law. No final action will be taken on such branch application until home office protection will have ceased under New York Banking Law.

§ 103.5 -- Application for a limited branch.

An applicant which seeks permission to open a limited branch office should file either the standard form of commercial bank branch application or a letter application, fully describing the limited purposes and functions of the proposed branch office, except that if deposits are not to be received at such office, the certificate of merit accompanying such application need contain only the information required by Items 1, 5d, 6 and 9 of the form of certificate of merit.

§ 103.6 -- Application for a branch office in a foreign country.

  1. An applicant which seeks permission to open a branch office in a foreign country pursuant to Banking Law, section 105(3)(a) may use either the standard form commercial bank branch application or a letter application except that the certificate of merit accompanying such application need contain only the information required by Items, 1, 5d, 6, 8, 9a and 9b(2) and (3) (omitting locations for non-American banks) of the form of certificate of merit.

  2. Such an application must also set forth the following additional information:

  1. the dollar amount of international transactions financed by the applicant as of the most recent date for which such statistics were compiled;

  2. the names, ages, titles and banking experience of at least the two highest ranking officers of the applicant's international division or department;

  3. the reasons why the establishment of the proposed branch would improve and expand the services available to applicant's customers; and

  4. evidence of approval of local banking authorities in the foreign country, or evidence that no approval is required under such country's local law.

SUPERVISORY PROCEDURE SB 101
APPLICATION FOR SAVINGS BANK BRANCH OFFICES
(Statutory authority: Banking Law, § 29)

Sec.

101.1  General information
101.2  Application for community afforded home office protection

Historical Note

Procedure filed June 9, 1970; amds. filed: Dec. 7, 1972; Dec. 7,  1973; Aug. 20, 1975; Nov.  29, 1977; Nov. 10, 1989 eff. Nov. 29, 1989. Amended 101.1(a), (b), 101.2, repealed 101.3.

§ 101.1  General information. 

  1. A savings bank which seeks permission to open a branch office  should file an application  therefor with the Superintendent of Banks, New York State Banking  Department, Two Rector  Street, New York, NY 10006 (Attention: Research and New Facilities  Division) at the New York City Office of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1, which meets the  requirements of this supervisory procedure, accompanied by a check  for an investigation fee of $650. to cover the  investigation fee, payable to the order of "Superintendent  of Banks of the State of New York ." The words "branch", "office" and  "offices" as used in this supervisory procedure shall include limited purpose branches, but shall not include  automated teller machines, point-of-sale terminals or similar facilities.

  2. Each application contemplated by this supervisory procedure should  be accompanied by  four copies of a "Certificate of Merit" and a certified  copy of the resolution of the board of  trustees/directors authorizing the application and designating an  officer to submit it.

  3. Information as to the following confidential items should be furnished  on separate pages  which can be detached from the rest of the certificate of merit:

  1. Any information which, if made public, might adversely affect  ongoing negotiations;

  2. Information on branch security precautions;

  3. Information on the financing of the branch building or fixed assets.

  1. In accordance with Supervisory Procedure G 106 (Public Access to Banking Department Records), the entire application and all supporting material are available for public inspection except for confidential material.  If the applicant believes that the public availability or disclosure of certain of the information provided would be clearly harmful, such information should be segregated from the public portion and labeled "Confidential."  The applicant must also state the reasons under Section 87(2) of the Freedom of Information Law for any request for confidentiality.

  2. The Banking Department processes branch applications using either an expedited application process or a standard application process. An institution is eligible for the expedited process if it satisfies all of the following criteria:

  1. Has a composite CAMELS rating of "1" or "2";

  2. Has at least a satisfactory ("2") rating for management;

  3. Is well capitalized in accordance with applicable Federal standards;

  4. Has a CRA rating of "Satisfactory" or better; and

  5. Has no major unresolved supervisory issues outstanding (as determined by the Banking Department in its discretion).

Application requirements are set forth by the Superintendent of Banks.  Forms and instructions may be obtained directly from the Department, and are available on the Department's Website (www.banking.state.ny.us).

  1. An application should be filed concurrently with the Federal Deposit Insurance  Corporation appropriate Federal supervisory authority if Federal approval is also required.  An applicant may submit information to the Banking Department by submitting a copy of the appropriate Federal or uniform state application and providing cross-references to the information contained therein.  Such Federal or uniform state applications shall be supplemented where necessary to comply with the Banking Department's specific application requirements.

§ 101.2  Application.  

The applicant should use either the standard form of thrift institution  branch application or a  letter application containing all the information requested on the standard form.

§ 101.2 -- Application for community afforded home office protection.

The Banking Department will not accept applications for branch offices in communities from which the applicant would be barred, at the time of filing, under the home office protection provisions of the New York Banking Law provided, however, such a branch application may be accepted for filing if there exists on such date any application with the appropriate regulatory authorities which would, if approved, eliminate the protection provisions of section 240 of the New York Banking Law. No final action will be taken on such branch application until home office protection will have ceased under New York Banking Law.

SUPERVISORY PROCEDURE SL 101
APPLICATION FOR SAVINGS AND LOAN ASSOCIATION BRANCH  OFFICES
(Statutory authority: Banking Law, § 29)

Sec.

101.1  General information
101.2  Application for community afforded home office protection

Historical Note

Procedure filed June 9, 1970; amds. filed: Dec. 7, 1972; Dec. 7,  1973; Aug. 20, 1975; Nov.  29, 1977; Nov. 10, 1989 eff. Nov. 29, 1989. Amended 101.1(a), 101.2, repealed 101.3.

§ 101.1  General information.  

  1. A savings and loan association which seeks permission to open  a branch office should file  an application therefor with the Superintendent of Banks, New York  State Banking Department,  Two Rector Street , New York , NY 10006 (Attention: Research and New  Facilities Division) at the New York City Office of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1, which meets the requirements of this supervisory procedure, accompanied  by a check for an investigation fee of $650. to  cover the investigation fee, payable to the order of "Superintendent  of Banks of the State of New  York ." The words "branch", "office"  and "offices" as used in this supervisory procedure shall include limited purpose branches, but shall not  include automated teller machines, point-of-sale terminals or similar  facilities.

  2. Each application contemplated by this supervisory procedure should  be accompanied by  four copies of a "Certificate of Merit" and a certified  copy of the resolution of the board of  directors authorizing the application and designating an officer  to submit it.

  3. Information as to the following confidential items should be furnished  on separate pages  which can be detached from the rest of the certificate of merit:

  1. Any information which, if made public, might adversely affect  ongoing negotiations;

  2. Information on branch security precautions;

  3. Information on the financing of the branch building or fixed assets.

  1. In accordance with Supervisory Procedure G 106 (Public Access to Banking Department Records), the entire application and all supporting material are available for public inspection except for confidential material.  If the applicant believes that the public availability or disclosure of certain of the information provided would be clearly harmful, such information should be segregated from the public portion and labeled "Confidential."  The applicant must also state the reasons under Section 87(2) of the Freedom of Information Law for any request for confidentiality.

  2. The Banking Department processes branch applications using either an expedited application process or a standard application process. An institution is eligible for the expedited process if it satisfies all of the following criteria:

  1. Has a composite CAMELS rating of "1" or "2";

  2. Has at least a satisfactory ("2") rating for management;

  3. Is well capitalized in accordance with applicable Federal standards;

  4. Has a CRA rating of "Satisfactory" or better; and

  5. Has no major unresolved supervisory issues outstanding (as determined by the Banking Department in its discretion).

Application requirements are set forth by the Superintendent of Banks.  Forms and instructions may be obtained directly from the Department, and are available on the Department's Website (www.banking.state.ny.us).

  1. An application should be filed concurrently with the appropriate Federal supervisory authority if Federal approval is also required.  An applicant may submit information to the Banking Department by submitting a copy of the appropriate Federal or uniform state application and providing cross-references to the information contained therein.  Such Federal or uniform state applications shall be supplemented where necessary to comply with the Banking Department's specific application requirements.

§ 101.2  Application.  

The applicant should use either the standard form of thrift institution  branch application or a  letter application containing all the information requested on the  standard form.

§ 101.2 -- Application for community afforded home office protection.

The Banking Department will not accept applications for branch offices in communities from which the applicant would be barred, at the time of filing, under the home office protection provisions of the New York Banking Law provided, however, such a branch application may be accepted for filing if there exists on such date any application with the appropriate regulatory authorities which would, if approved, eliminate the protection provisions of section 396 of the New York Banking Law. No final action will be taken on such branch application until home office protection will have ceased under New York Banking Law.

Explanatory All Institutions Letter

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