24 - Investigation by superintendent; refusal or approval; filing certificate. - New York Statutes

§ 24. Investigation by superintendent; refusal or approval; filing certificate. 1. Within ninety days after the date when any organization certificate or private banker's certificate shall have been filed for examination, the superintendent, if he shall find after investigation and examination of what he deems to be the best sources of information at his command that the character, responsibility and general fitness of the person or persons named in such certificate are such as to command confidence and warrant belief that the business of the proposed corporation or private banker will be honestly and efficiently conducted in accordance with the intent and purpose of this chapter, and that the public convenience and advantage will be promoted by allowing such proposed corporation or private banker to engage in business, shall submit such certificate to the banking board together with all papers, correspondence and other information in his possession relating thereto, including the results of his investigation and his recommendation in the matter. Such period of ninety days may be extended, by a written consent executed by a majority of the persons from whom the superintendent received such organization certificate or private banker's certificate, for such additional reasonable period of time as may be required for applicants to comply with conditions precedent stipulated by the superintendent as being a prerequisite to his recommendation to the banking board. 2. If three-fifths of the members of the board, after consideration of all relevant information available to them, shall vote for approval, the superintendent, if he is still satisfied, upon the considerations set forth in subdivision one of this section, that such proposed corporation or private banker should be permitted to engage in business, shall approve such certificate and endorse upon each of the duplicates the date of such approval. He shall forthwith cause notice of such approval to be given to the proposed incorporators or private banker and one of the duplicate certificates to be filed in the office of the department and the other in the office of the clerk of the county in which the principal office of such proposed corporation or private banker is to be located. In a case in which a private banker certificate is submitted to the superintendent for the purpose of continuing the business in connection with a change in its partnership, the superintendent shall approve the private banker certificate without any action by the banking board upon making a determination that the private banker should be permitted to continue its business based upon the considerations set forth in subdivision one of this section. 3. If three-fifths of the members of the banking board shall not vote for approval, or if the superintendent, either prior or subsequent to the submission of such certificate to the board, is not satisfied, upon the considerations set forth in subdivision one of this section, that such proposed corporation or private banker should be permitted to engage in business, the superintendent shall refuse such certificate and shall endorse thereon the date of such refusal and return one of the duplicates to the proposed incorporators or private banker from whom such certificate was received. 4. The provisions of this section shall not apply to any organization certificate required to be filed in the office of the superintendent by section two hundred sixty-b, by section four hundred ten, by section four hundred eleven or by section four hundred eighty-six of this chapter.