(a) without the consent of the banking institution; and
(b) which would cause a reasonable person to conclude that the
advertising or marketing material or solicitation either originated
from, or is endorsed by or is any other way the responsibility of a
banking institution.
2. Nothing in this section shall prohibit the use of or reference to
the name of a banking institution in advertising or marketing materials
or solicitations, if the use or reference to such institution does not
deceive or confuse a reasonable person regarding whether the advertising
or marketing material or solicitation (a) originated from, (b) is
endorsed by or (c) is in any other way the responsibility of a banking
institution.
3. The department is authorized to enforce the provisions of this
section.
4. For purposes of this section, "banking institution" shall mean any
state or federally chartered bank, trust company, savings bank, savings
and loan association or credit union which has an office or branch in
this state, or a private banker, safe deposit company or investment
company.
Structure New York Laws
Article 3 - Banks and Trust Companies
94 - Change From Bank to Trust Company; From Trust Company to Bank.
96-A - Servicing of Mortgages by Banks.
96-B - Payroll Payment by Banks or Trust Companies.
96-C - Power to Act as Trustee Under Self-Employed Retirement Trust or Individual Retirement Trust.
96-D - Banking Development Districts.
97 - Power to Purchase Securities and Stocks.
98 - Power to Take and Hold Real Estate; Restrictions.
100-A - Fiduciary Capacities; Appointment by Court Authorized; Bond; Oath; Accounting.
100-B - Investments as Fiduciary; When Interest Is to Be Paid; Preference.
100-D - Foreign Common Trust Funds.
101 - Additional Powers of Certain Trust Companies.
102 - Powers of Specially Chartered Trust Companies.
102-A - Limited Liability Trust Companies.
104 - Entries in Books; Restrictions; Amortization of Securities.
105 - Branch Offices; Prohibition Against Doing Business at Unauthorized Places.
105-A - Electronic Facilities.
107 - Reserves Against Deposits.
107-A - Security for Public Deposits.
108 - Rates of Interest; Installment Obligations; Personal Loan Departments.
108-A - Acceptance of United States Currency.
109 - Closing of Books; Profits; How to Be Computed.
110 - Surplus Fund; of What Composed, and for What Purposes Used.
111 - Profits; Credits to Surplus Fund and to Undivided Profits.
112 - Dividends; Payable From Net Profits; Restrictions.
113 - Change of Location; Change of Designation of Principal Office.
114 - Assessment of Stockholders to Make Good Impairment of Capital Stock; Sale of Stock.
122 - Examinations of Banks and Trust Companies by Directors; Employment of Assistants.
123 - Reports of Directors' Examinations.
125 - Reports to Superintendent; Penalty for Failure to Make.
128 - Preservation of Books and Records.
129 - Requirement of Notice on Withdrawal of Certain Time Deposits; Notice to Superintendent.
129-A - Requirement of Written Notification; Alternative Payment Schedules.
130 - Restrictions on Officers, Directors and Employees.
131 - Prohibitions Against Encroachments Upon Certain Powers of Banks and Trust Companies.
132 - Use of Sign, or Words, Indicating Bank or Trust Company by Unauthorized Persons Prohibited.
133 - Use of Banking Institution Name.
136 - Change of National Banking Association Into State Bank by Conversion or Merger.
136-A - Purchase of Assets of National Banking Association by Bank or Trust Company.
136-B - Approval of Superintendent.
136-C - Effect of Merger or Conversion of National Banking Association Into State Bank.
137 - Change of State Bank Into National Banking Association by Conversion, Merger or Consolidation.
138 - Foreign Branches; Performance of Contracts and Repayment of Deposits.