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

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Matthew Bender, 1910 - 811 sider
 

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Innhold

Responsibility of stockholders 89
40
ARTICLE II
53
Savings banks benevolent not charitable
62
Dividends
70
Taxation
77
Mortgage companies
84
General Provisions
89
The banking department superintendent
93
Publication of report of examiners
102
Impairment of capital
103
Causes for dissolution
104
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
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
Previous notice of intention to be given
146
When superintendent shall file certificate
147
Amended certificate of incorporation
148
Lawful money reserve
159
Payment of capital stock
160
Oath of directors
162
Limitation of liability of stockholders
169
Rate of interest
172
Interest permitted on advances on collateral security
174
Prohibition against sale of business by individual banker
175
When deemed to have surrendered its charter
176
Reduction of capital stock in such cases
177
Certificate of change
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
185
Exchange of mutilated notes
186
Protest of notes and proceedings thereon
187
Appointment of agent by new corporation
189
Distribution of funds of insolvent banks
190
Publication of notices
191
Banks closing business
192
Proceedings on closing bank
193
Proportionate amount of securities to be returned when notes are destroyed
194
Circulation of foreign bank notes prohibited
195
Notes not receivable at par not to be paid out
197
When bills of exchange to be without grace
201
Transfers of securities by superintendent to be countersigned by treasurer
202
Unauthorized banking prohibited
203
Restrictions as to foreign corporations
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
211
Bond discharged bank released
212
ARTICLE 4
213
Notice of intention to organize
214
Examination by superintendent
215
Certificate of authorization
216
Must begin business within one year
220
Bylaws
221
Meeting of trustees quorum
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 bow loaned
260
Temporary deposits
268
Mortgaged property to be insured
269
Rate of interest extra dividends
271
Per centum of surplus how determined
275
No other report or inspection required
276
Expenses to be paid
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
When superintendent shall file certificate
286
Capital must be paid in cash
287
Additional powers of certain trust companies
291
Additional powers dependent on location
292
May be administrator guardian or trustee
293
Official oath not required
295
Investments of capital surplus undivided profits and deposits
296
Directors
297
Liability of stockholders and directors
299
ARTICLE 6
303
Object and purpose
304
Directors bylaws
305
Dues fines entrance fees advance payments
306
Withdrawal of free shares
307
Dues when to cease
308
Security for loans
311
Arrearages forfeitures withdrawal values
314
Association may borrow to pay withdrawals
315
Profits and losses ascertained annually
316
Transfer of shares
317
Annual reports to banking department
318
Visitation by superintendent of banks
319
Annual statement to stockholders
320
Reincorporation
321
Assessment of associations for benefit of banking department
322
Investment of deposits and income
323
Construction of term cooperative savings and loan associa tion
324
Construction of reference to laws of eighteen hundred ninety two
326
Hearing and order for dissolution appointment of trustee
327
Limitation and construction of article
328
ARTICLE 7
329
Powers
330
Dividends
331
Reports
332
Incorporation
333
ARTICLE 9
339
ARTICLE 11
349
ARTICLE I
355
Application of article
356
Validating corporate mortgages
357
Power to guarantee funds of other corporation
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
ARTICLE III
367
ARTICLE IV
383
Transfers of stock by stockholder indebted to corporation
384
Subscription to stock
385
Time of payment of subscriptions to stock
386
Consideration for issue of stock and bonds
387
Liabilities of stockholders
388
Liabilities of stockholders to laborers servants or employees
389
Nonliability in certain cases
390
Partly paid stock
391
Increase or reduction of capital stock
392
Notice of meeting to increase or reduce capital stock
393
Change in par value of shares
395
Application to court to order issue of new in place of lost certificate of stock
401
Order of court upon such application
402
Financial statement to stockholders
403
Liabilities of officers directors and stockholders of foreign cor porations
404
ARTICLE V
405
GENERAL CORPORATION
407
ARTICLE I
409
Classification of corporations
410
Qualifications of incorporators
413
Corporate names
414
Lost or destroyed certificates
415
Limitation of powers provisions of certificate
416
Grant of general powers
417
Enlargement of limitations upon the amount of the property of nonstock corporations
419
Certificate of authority of a foreign corporation
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
Effect of failure to elect directors
427
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
Revival of corporate existence
433
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 by attorneygeneral to annul corporation when legisla
452
Petition for voluntary dissolution of corporation
462
Directors or trustees may be required to petition
463
Affidavit to be annexed to petition
464
Action by court upon petition for dissolution
465
Application for appointment of receiver
466
Decision
467
Appointment of director trustee or other officer or stockholder as receiver
468
Dissolution of stock corporation before beginning business
469
Provisions Applicable to Temporary and Permanent Receivers of Corporations Section 225 Security
472
Application of this article
473
Receivers title to property
474
Authority of single receiver
475
Power of receiver to institute proceedings to recover assets
476
Power of receiver in the settlement of controversies
478
Power of receiver to employ counsel
479
Power of receiver to hold real property
480
Duty of receiver to keep accounts
481
Duty of receivers to give notice to creditors
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
486
Notice of final accounting
487
ARTICLE XIII
497
Laws repealed
498
The Tax Law in so far as it directly relates to Corporations formed
505
Corporations how created
523
Short title
543
Definitions and meaning of terms 644
545
Form of negotiable instrument
546
Determinable future time what constitutes
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 653
553
ARTICLE III
554
Liability of accommodation party
555
ARTICLE IV
556
Indorsement must be of entire instrument
557
Qualified indorsement
558
Indorsement where name is misspelled etc
559
ARTICLE V
560
When title defective
561
Who deemed holder in due course 682
562
Liability of maker
563
When person deemed indorser
564
Liability of general indorser
565
ARTICLE VII
566
What constitutes a sufficient presentment
567
Presentment to persons liable as partners 668
568
Liability of person secondarily liable when instrument dis honored
569
ARTICLE VIII
570
Notice given by agent
571
Notice to partners
572
When sender deemed to have given due notice
573
Whom affected by waiver
574
Notice of nonpayment where acceptance refused 675
575
ARTICLE IX
576
Cancellation unintentional burden of proof
577
ARTICLE X
578
Acceptance how made etc
579
Liability of drawer retaining or destroying bill 679
580
ARTICLE XII
581
On what days presentment may be made
582
ARTICLE XIII
583
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
Revised Statutes of the United States
612
Increase of capital stock
628
Reduction of capital stock
629
Right of shareholders to vote
630
Requisite qualifications of directors
631
Proceedings when no election was held on the proper day
632
Executors trustees etc not personally liable
636
Duties and liabilities when designated as depositaries of pub lic moneys
637
Organization of State banks as national banking associations
640
CHAPTER II
641
CHAPTER III
654
CHAPTER IV
681
bonds
684
Sale of bonds at auction
685
Appointment of receivers
686
Notice to present claims
691
Dividends
692
Injunction upon receivership
693
Fees and expenses
694
Appointment of occasional examiners
696
Limit of visitorial powers
697
Transfers when void
698
Use of the title national
701
Internal Revenue CHAPTER VIII
702
banks
706
The National Bank Act the title
709
Act of January 19 1875
715
Abating semiannual duty of insolvent banks
721
Verification of returns of national banks
722
Receiver to certify to Comptroller of equity of bank in property
730

Vanlige uttrykk og setninger

Populære avsnitt

Side 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...
Side 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.
Side 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.
Side 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.
Side 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.
Side 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...
Side 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...
Side 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.
Side 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.
Side 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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