The term executive officer as defined in this Part means each officer of a bank, trust company, bank holding company, foreign banking corporation, national bank, savings bank, savings and loan association or Federal savings and loan association who participates or has authority to participate in major policymaking functions of the institutions, regardless of whether he has an official title or whether his title contains a designation of assistant, and regardless of whether he is serving without salary or other compensation, provided that the chairman of the board of directors, the president, each vice- president, the cashier, the secretary and the treasurer are presumed to be executive officers, unless, by resolution of the board of directors or board of trustees, or by the bylaws of such institutions, any such officer is excluded from participation in major policymaking functions, and does not actually participate therein.
N.Y. Comp. Codes R. & Regs. Tit. 3 § 70.1