The Laws of the State of New York Relating to Banks, Banking, Trust Companies, Loan, Mortgage and Safe Deposit Corporations: Together with the Acts Affecting Moneyed Corporations Generally ... Also the National Bank Act as Amended, and Cognate United States Statutes : Annotated

Εξώφυλλο
Matthew Bender, 1910 - 811 σελίδες
 

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Περιεχόμενα

Superintendents
42
Amendments
50
Surplus moneys
72
ARTICLE III
78
Mortgage companies
84
The banking department superintendent
93
Publication of report of examiners
102
Proceedings against and liquidation of delinquent corporations and individual bankers
105
Examination by order of court
112
Reports
113
Penalties for failure to report
117
Books papers and affairs to be examined
118
Publication of reports
119
Annual report of superintendent
120
Reports presumptive evidence 27 Restrictions
121
Calculation of profits
127
Losses in excess of profits
128
Publication of unclaimed dividends and deposits
129
Change of location
131
Approval and certificate of superintendent upon incorporation
132
Permission and certificate of superintendent in case of foreign corporations
133
Appointment of receiver
134
Merger
135
Submission of merger agreement to stockholders
136
Rights of dissenting stockholders
137
Effect of merger
138
Rights of creditors and others having relations with merged corporations
139
Meetings of directors or trustees and reports thereto
140
Banks designated as depositaries of court funds to give bonds and pay interest
142
ARTICLE 3
144
Payment of capital stock 69 Annual meeting and election of directors
160
Oath of directors 71 Individual liability of stockholders
162
Limitation of liability of stockholders 73 Powers of president and vicepresident
169
Rate of interest
172
Interest permitted on advances on collateral security 76 Deposit of banks and individual bankers with superintendent
174
Prohibition against sale of business by individual banker 78 Change from state to national bank
175
When deemed to have surrendered its charter
176
Reduction of capital stock in such cases
177
Certificate of change 82 National bank may become state bank
178
Circulating notes plates
179
Circulating notes of individual banker
181
When bank may receive interest or dividends upon securities deposited
182
Redemption agencies
183
Destruction of bank notes 88 Destruction of plates and counterfeit notes
185
Exchange of mutilated notes 90 Redemption in notes of other banks
186
Protest of notes and proceedings thereon
187
Appointment of agent by new corporation 93 Revocation of appointment
189
Distribution of funds of insolvent banks 95 Distribution of residue
190
Publication of notices 97 Redemption of notes held by banks and individual bankers
191
Banks closing business
192
Proceedings on closing bank
193
Proportionate amount of securities to be returned when notes are destroyed 101 Deposit of cash for redemption of notes
194
Circulation of foreign bank notes prohibited
195
Notes not receivable at par not to be paid out 104 Bills or notes must be payable on demand
197
When bills of exchange to be without grace
201
Transfers of securities by superintendent to be countersigned treasurer
202
Unauthorized banking prohibited
203
Restrictions as to foreign corporations 109 Restrictions as to banks and their officers
206
Bills payable otherwise than in money prohibited
207
Use of sign indicating bank by unauthorized persons prohibited
208
Petition service of
209
Contents of notice
210
Application for final order 119 Order filing and service refusal to pay 11
211
Bond discharged bank released
212
ARTICLE 4
213
powers
216
Must begin business within one year
220
Bylaws
223
Vacancies
224
Dividends compensation and loans to trustees prohibited
225
Repayment of deposits regulations limitation
229
Deposits of minors and trust deposits and deposits in the names of more than one person
236
Wife witness against husband claimants may be interpleaded
240
In what securities deposits may be invested
242
Limitation as to real property
258
Available fund for current expenses how loaned
260
Temporary deposits
268
Mortgaged property to be insured
269
Rate of interest extra dividends
270
Reference of final account
272
Per centum of surplus how determined
275
No other report or inspection required
276
ferred
277
Advertisements of unauthorized savings banks prohibited
278
Charters to be conformed to this chapter
281
When dissolution effected
282
Deposit of unclaimed moneys
283
ARTICLE 5
284
Additional powers dependent on location
292
May be administrator guardian or trustee
293
Official oath not required
295
Interest and accumulations
296
Directors
297
Liability of stockholders and directors
299
ARTICLE 6
302
Incorporators
303
Directors bylaws
305
Dues fines entrance fees advance payments
306
Withdrawal of free shares
307
Petition for dissolution
326
ARTICLE I
354
Short title ARTICLE II
355
Power to borrow money and mortgage property
356
Power to guarantee funds of other corporations
359
Contents of plan or agreement
361
Municipalities may assent to plan of readjustment
362
Change of place of business
363
Merger
364
Voluntary sale of franchise and property
365
Alterations or extension of business
366
When acts of directors void
370
Liability of directors for loans to stockholders
372
Officers
373
532
374
Inspectors and their oath
375
Books to be kept
376
Stock books of foreign corporations
379
Annual report to secretary of state
380
notices
381
Issue and transfers of stock
382
certificate of stock
400
ARTICLE II
405
Enlargement of limitations upon the amount of the property of nonstock corporations 19
418
Acquisition of additional real property
419
Certificate of authority of a foreign corporation 16 Proof to be filed before granting certificate
420
Reincorporation of foreign moneyed corporations
422
When reincorporation effective and effect thereof
423
Qualification of members as voters
424
Cumulative voting
425
Proxies
426
Mode of conducting special election of directors
428
Powers of supreme court respecting elections
429
Quorum of directors and powers of majority
430
Directors as trustees in case of dissolution
432
Approval of certificates of extension or revival when required
434
As to acts of directors
435
Petition by corporation to change name
437
JUDICIAL SUPERVISION OF CORPORATION AND OF THE OFFICERS AND MEMBERS
444
Officers and stockholders may be made parties in action brought
446
ACTION TO ANNUL A CORPORATION
452
Petition for voluntary dissolution of corporation
462
Directors or trustees may be required to petition
463
Affidavit to be annexed to petition 176 Presentation of petition 177 Corporations without stockholders 178 Action by court upon petition for dissolut...
464
Application for appointment of receiver 184 Injunction 185 Referee 186 Hearing 187 Decision 188 Use of original papers on hearing 189 Amendin...
466
Appointment of director trustee or other officer or stockholder as receiver 193 Certain sales transfers and judgments void
468
Dissolution of stock corporation before beginning business
469
Security
472
Transfer of assets of corporation to receiver
474
Authority of single receiver
475
Power of receiver to institute proceedings to recover assets 76
476
Power of receiver in the settlement of controversies
478
Power of receiver to hold real property 244 Power of receiver to recover stock subscriptions 245 Duty of receiver to convert assets into money
480
Duty of receivers to give notice to creditors 251 Delivery of property and payment of debts to receiver after notice 82
482
Duty of receiver to call creditors meeting
483
Retention of funds for subsisting contracts and pending suits
484
Failure to file claim before first dividend
485
Disposition of moneys retained by receiver for suits 266 Duty of receiver as to unclaimed dividend
486
Hearing on final accounting
487
PROVISIONS APPLICABLE TO TWO OR MORE OF THE FOREGOING PROCEERD
490
ARTICLE XIII
496
Laws repealed
498
The Tax Law in so far as it directly relates to Corporations formed under or subject to the Banking
505
Exemption from taxation
507
Banks to make report
508
Individual banker how assessed 611
510
Notice of assessment to bank or banking association 612
512
Franchise tax on trust companies
514
Reports of corporations
516
Payment of tax and penalty for failure 618
518
Exemption from other state taxation
519
CREATION OF CORPORATIONS 1894 Extract from the Constitution of the State of New York Article VIII
522
porations
536
LIABILITY OF PARTIES
542
Short title
543
Definitions and meaning of terms
544
FORM AND INTERPRETATION SECTION 20 Form of negotiable instrument
546
When promise is unconditional
547
Additional provisions not affecting negotiability
548
When payable on demand
549
Terms when sufficient
550
Incomplete instrument not delivered
551
Liability of person signing in trade or assumed name
552
Forged signature effect of
553
ARTICLE III
554
NEGOTIATION SECTION 60 What constitutes negotiation
556
Blank indorsement how changed to special indorsement
557
Qualified indorsement
558
Indorsement where name is misspelled etc
559
ARTICLE V
560
When title defective
561
Who deemed holder in due course 582
562
Presentment to persons liable as partners
568
Effect of notice given on behalf of holder
571
Notice to partners
572
When sender deemed to have given due notic
573
Whom affected by waiver
574
Notice of nonpayment where acceptance refused
575
ARTICLE IX
576
Cancellation unintentional burden of proof
577
ARTICLE X
578
Acceptance how made etc
579
Acceptance of incomplete bill
580
When presentment for acceptance must be made
581
Presentment when time is insufficient 382
582
Protest both for nonacceptance and nonpayment
584
When bill may be accepted for honor
585
Certification of check effect of
589
NATIONAL BANK ACT AND COGNATE UNITED STATES STATUTES
595
National gold banks
601
SAVINGS INSTITUTIONS
610
Revised Statutes of the United States
612
Charters for savings banks and banking purposes
626
Removal of association to another State
640
What associations are governed by chapters 2 3 and 4
641
Specie payments 526
648
other associations
652
Penalty for imitating national banknotes etc
653
CHAPTER III
654
Refunding excessive duties
676
CHAPTER IV
680
Voluntary dissolution of associations
681
bonds
684
Sale of bonds at auction
685
Appointment of receivers
686
537
688
Notice to present claims
691
Dividends
692
Injunction upon receivership
693
Fees and expenses
694
Appointment of occasional examiners 6 96
697
Transfers when void
698
Use of the title national
701
Internal Revenue CHAPTER VIII
702
Banks and bankers monthly returns
704
State banks converted into national banks returns bow made
705
The National Bank Act the title
709
ACT OF JANCABY 19 1875
715
ACT OF FEBRUARY 14 1880
722
Repeal of internal revenue and stamp tax
729
National banks deemed citizens of State in which located
734
As to Hawaii
745
Savings banks benevolent not charitable
793
Conversion of national gold banks
794
Political contributions 746
795

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Δημοφιλή αποσπάσματα

Σελίδα 632 - Shareholders (Sec. 5151). —The shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares...
Σελίδα 523 - Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed.
Σελίδα 149 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Σελίδα 636 - Persons holding stock as executors, administrators, guardians or trustees, shall not be personally subject to any liabilities as stockholders, but the estates and funds In their hands shall be liable In like manner and to the same extent as the testator, Intestate, ward, or person interested In such trust funds would be, If living and competent to act and hold the stock In his own name.
Σελίδα 562 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Σελίδα 617 - Seventh. To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Σελίδα 676 - Nothing herein shall prevent all the shares in any association from being included in the valuation of the personal property of the owner or holder of such shares, in assessing taxes imposed by authority of the State within which the association is located...
Σελίδα 584 - A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business, or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary.
Σελίδα 659 - The taking, receiving, reserving or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill or other evidence of debt carries •with it, or which has been agreed to be paid thereon.
Σελίδα 552 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized ; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.

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