New York Laws
Article 13 - Merger; Voluntary Dissolution; Superintendent's Taking Possession; Reorganization; Liquidation
620 - Notice to Creditors to Make Proof of Claims; Form of Claims; Claims for Priority of Payment.

§ 620. Notice to creditors to make proof of claims; form of claims;
claims for priority of payment. 1. When the superintendent shall have
taken possession of any banking organization, and shall have determined
to liquidate its affairs, he or she shall notify all persons who may
have claims against such banking organization to present such claims to
him or her and make proper proof thereof within four months from the
date of such notice and at a place specified therein; provided, that (a)
if the superintendent finds that a shorter period than four months will
afford a reasonable time for presenting claims and making proof thereof,
he or she may specify such shorter period which shall in no event be
less than thirty days or (b) if the superintendent finds that a longer
period than four months is needed to afford a reasonable time for
presenting claims and making proof thereof, he or she may specify such
longer period which shall in no event be more than six months from the
date of such notice. In any event the superintendent shall specify in
such notice the last date for presenting claims and for making proof
thereof. The superintendent shall cause such notice to be mailed to all
persons whose names appear as creditors upon the books of the banking
organization. Such notice to persons appearing as depositors shall be
mailed to the address appearing upon the deposit records or ledger of
such banking organization. The superintendent shall also cause such
notice to be inserted biweekly in such newspaper or newspapers as he or
she may direct for three consecutive months, the first insertion thereof
to be published more than ninety days before the last day fixed in such
notice for presenting proof of claims; provided, that where the notice
requires claims to be presented within less than four months, the
superintendent shall cause such notice to be inserted weekly in such
newspaper or newspapers as he or she may direct for three consecutive
weeks, the first insertion thereof to be published more than twenty-one
days before the last day fixed in such notice for presenting claims.
Such notice shall specify that all persons having claims for priority of
payment shall make demand in writing for priority in the proof of their
claims. The superintendent shall have no power to accept any claim
presented after the date specified in such notice as the last date for
presenting claims.

2. A proof of claim shall consist of a written statement under oath
signed by the claimant or his attorney in fact, and shall be in such
form as the superintendent shall require.

3. All persons who shall have failed to demand in writing priority of
payment as specified in the notice to file claims shall be deemed to
have waived and abandoned any right to such priority of payment. No
person who shall have failed to demand in writing priority of payment as
herein above provided, shall be entitled to maintain any action or
proceeding for any priority of payment. In all actions or proceedings
for priority of payment, the claimant shall be required to allege and
prove that the claim upon which the action is instituted was duly filed
and contained therein demand in writing for priority of payment.