New York Laws
Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers
41 - Removal of Director, Trustee or Officer.

ยง 41. Removal of director, trustee or officer. 1. Whenever the
superintendent shall find that any director, trustee or officer of any
corporate banking organization or bank holding company (as such term
"bank holding company" is defined in article three-A of this chapter) or
any person or persons in charge of, or any officer of, a branch of a
foreign banking corporation has violated any law or duly enacted
regulation of the superintendent of financial services relating to such
corporation, or has continued unauthorized or unsafe practices in
conducting the business of such corporation after having been ordered or
warned by the superintendent to discontinue such practices, the
superintendent may, in his discretion, certify the facts to the board.
The board shall cause notice to be served upon such director, trustee,
officer or person in charge of, or officer of, a branch of a foreign
banking corporation either personally or, upon a finding that he cannot
be served personally within the state, by registered mail, at his
address last known to the superintendent, to appear before such board to
show cause why he should not be removed from office. A copy of such
notice shall be sent by registered mail to each director or trustee of
the banking organization and to each person in charge of and each
officer of a branch of the foreign banking corporation affected. If,
after granting the accused director, trustee, officer or person in
charge of, or officer of, a branch of a foreign banking corporation a
reasonable opportunity to be heard, the board by a three-fifths vote of
all its members finds that he has violated any law or duly enacted
regulation of the board relating to such corporation, or has continued
unauthorized or unsafe practices in conducting the business of such
corporation after having been ordered or warned by the superintendent to
discontinue such practices, the board, in its discretion, by a
three-fifths vote of all its members, may order that such director,
trustee, officer or person in charge of, or officer of, a branch of a
foreign banking corporation be removed from office.

2. Upon service either personally or by registered mail at his address
last known to the superintendent upon such director, trustee, officer or
person in charge of, or officer of, a branch of a foreign banking
corporation and upon the corporation of which he is a director, trustee,
officer or, in case he is a person in charge of, or officer of, a branch
of a foreign banking corporation upon such foreign banking corporation,
of a copy of such order, he shall cease to be a director, trustee or
officer of such banking organization or person in charge of, or officer
of, a branch of a foreign banking corporation. Such order and the
findings of fact upon which it is based shall not be made public or
disclosed to anyone except the director, trustee or officer or person in
charge of, or officer of, a branch of a foreign banking corporation
involved and the directors or trustees of the corporation involved,
except in connection with proceedings for a violation of this section.
Any director, trustee or officer or any person or persons in charge of,
or any officer of, a branch of a foreign banking corporation so removed
from office who thereafter without permission of the board participates
in any manner in the management of such banking organization or of a
branch of such foreign banking corporation shall be guilty of a
misdemeanor.

Structure New York Laws

New York Laws

BNK - Banking

Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers

10 - Declaration of Policy.

11 - Department of Financial Services; Official Documents; Destruction of Documents; Official Communications.

12-A - Power of State Chartered Banking Institutions to Exercise the Rights of Counterpart Federally Chartered Banking Institutions.

14 - Additional Powers of the Superintendent.

14-A - Rate of Interest; Superintendent of Financial Services to Adopt Regulations.

14-B - Power of the Superintendent of Financial Services to Prescribe Minimum Rate of Interest on Mortgage Escrow Accounts.

14-C - Power of the Superintendent of Financial Services to Prescribe Criteria for Disclosure of Information on Savings and Time Accounts.

14-D - Power of the Superintendent of Financial Services to Prescribe a Reasonable Period of Time Permitting the Drawing on Items Received for Deposit in a Customer's Account.

14-E - Power of the Superintendent to Authorize the Operation of Savings Banks and Savings and Loan Associations in Stock Form.

14-F - Power of the Superintendent of Financial Services to Require the Provision of Basic Banking Services.

18 - Fees for Copies and Certifications.

18-A - Application Fees.

18-B - Holocaust Reparations Payment Fees.

19 - Assessments for Deficiency in Reserves Against Deposits.

20 - Assessments, Penalties and Forfeitures Entitled to Priority.

21 - Collection of Assessments, Penalties and Forfeitures; Proceedings by Attorney General.

22 - Fingerprints.

23 - Acceptance or Rejection of Certificate; Investigation Fees.

24 - Investigation by Superintendent; Refusal or Approval; Filing Certificate.

25 - Authorization Certificate; When and to Whom Issued; Contents; Filing and Recording.

25-A - Authority of Superintendent to File Organization Certificate and Issue Authorization Certificate Under Certain Conditions.

26 - Licenses to Foreign Banking Corporations; Renewal.

27 - Exchange and Examination of Securities.

28 - Change of Location; Change of Designation of Principal Office; Approval or Refusal; Certificate.

28-A - Temporary Change of Location; Approval or Refusal; Certificate.

28-B - Credit Needs of Local Communities.

28-BB - Credit Needs of Local Communities; Mortgage Bankers.

28-C - Branch Office Closings; Report to and Action by the Superintendent.

29 - Branch Offices; Public Accommodation Offices; Approval or Refusal; Certificate; Investigation Fee.

30 - Unclaimed Amounts; Deposit by Superintendent in Trust; Preference; Release of Debtor.

31 - Index of Persons Entitled to Unclaimed Amounts; Payment to Persons Entitled; Deduction of Service Charge.

32 - Insurance of Deposits and Share Accounts.

33 - Reserve Depositaries.

34 - Superintendent as Attorney to Accept Service of Process.

36 - Examinations; Right of Inspection; Penalties for Refusing to Permit Examination.

36-A - Reports of Lending by Banking Organizations.

36-B - Preservation of Books and Records.

37 - Reports to Superintendent.

37-A - Submission of Annual Reports by the Holocaust Claims Processing Office.

38 - Power of Subpoena.

39 - Orders of Superintendent.

40 - Revocation of Authorization Certificate or License or Suspension of Activities in Certain Cases.

41 - Removal of Director, Trustee or Officer.

42 - Official Acts of Superintendent and Details of Department Business to Be Made Public.

44 - Violations; Penalties.

44-A - Violations and Penalties; Failure to Make Reports.

45 - Export Finance Awareness Program.