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
14 - Additional Powers of the Superintendent.
14-A - Rate of Interest; Superintendent of Financial Services to Adopt Regulations.
18 - Fees for Copies and Certifications.
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.
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.
26 - Licenses to Foreign Banking Corporations; Renewal.
27 - Exchange and Examination of Securities.
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.
30 - Unclaimed Amounts; Deposit by Superintendent in Trust; Preference; Release of Debtor.
32 - Insurance of Deposits and Share Accounts.
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.
39 - Orders of Superintendent.
41 - Removal of Director, Trustee or Officer.
42 - Official Acts of Superintendent and Details of Department Business to Be Made Public.