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Amendments to Section 301.6 of the Superintendent’s Regulations, 3 NYCRR

January 26, 2011

Section 301.6 is amended to read in its entirety as follows:

Section 301.6  Report of compliance.

       (a)(i)   The annual report of compliance required to be filed pursuant to the provisions of section 75-g of the Banking Law shall be filed [between February 11th and March 13th] within 75 days after the close of each calendar year covering the preceding calendar year.  This report shall be certified, under the penalties of perjury, and shall contain language substantially similar to the following:

I, _____, (person[s] at the institution charged with enforcing compliance with Article II-AA of the Banking Law) hereby certify, under the penalties of perjury, that all answers contained herein are true, accurate and complete.

(1) A[a]ll of the automated teller machine facilities operated by _____ (name of institution) which are subject to the provisions of Article II-AA of the Banking Law [are] (choose one or more of the following, as applicable):

      ([1] i)___are in full compliance with the provisions of that Article; and/or [(as applicable)]

      ([2] ii) __are in full compliance with the variance or exemption (as the case may be) granted by the Superintendent for the automated teller machine facility (or facilities) located at __________ (specific address); and/or [(as applicable)]

      ([3] iii) __are not in compliance with the provisions of [that] Article II-AA

([4] 2)­­­­_____ (name of institution) uses and maintains only T-120 (commercial/industrial) grade video tapes, or better, in accordance with the provisions of section 301.5 of this Part.

       (II)  In cases in which some or all of a banking institution's automated teller machine facilities are not in compliance with the provisions of A[a]rticle II-AA, the annual report shall indicate the following additional information: (1) the specific address of each such [facilities,] facility;  (2) the manner in which each such facility fails to meet the requirements of that Article and the reasons for such non-compliance [.] and (3)  [Additionally, the annual report shall contain] a plan to remedy such non-compliance at each such [automated teller machine] facility.  [The person signing the annual report shall verify that the information contained therein is true before a notary public.]

       (b) Upon notification of any violation of the provisions of section 75-c of the Banking Law, a report of corrective action required pursuant to section 75-j of the Banking Law shall be filed within ten business days from receipt of such notification. That report shall be certified, under the penalties of perjury, and shall contain language substantially similar to the following:

I, ________________, (person at the institution charged with enforcing compliance with Article II-AA of the Banking Law) hereby certify, under the penalties of perjury, that all answers contained herein are true, accurate and complete.

The automated teller machine facility operated by __________ (name of institution) located at _________________ (specific address) which is the subject of one or more violations of the provisions of Section 75-c of the Banking Law, is (chose one of the following):

1. ____in full compliance with the provisions of section 75-c as of ___________ (date); or

2. ___not presently in compliance with the provisions of section 75-c and the annexed remedial plan has been implemented and shall be completed by __________ (date no later than 30 days after initial notification of violation from the Banking Department); upon the date of completion of the remedial plan,                ­­­_______________(name of institution) shall file a certified report of compliance with the Banking Department stating that the location meets the requirements of section 75-c.

Annexed hereto is a description of remedial plan.

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