N.Y. Comp. Codes R. & Regs. tit. 3 § 109.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 109.2 - Form of application

Two copies of a letter application for exemption or extension, signed by a duly authorized officer of the applicant, shall be submitted to the Superintendent, at the address set forth in section 1.1 of Supervisory Policy G 1 of this Title. The application must be accompanied by a certified copy of the resolution of the applicant's board of directors or trustees authorizing such application and shall contain the information set forth below. The Banking Board reserves the right to require additional information in connection with the application. The applicant may, of course, submit any information in addition to that required which is deemed pertinent to the application.

(a) Application for exemption. Such an application must set forth the basis of the applicant's claim that it does not receive deposits or share accounts from the general public and documentary or statistical information in support of the claim. Exemptions will not be granted to any banking organization which receives deposits or share accounts from the general public.

(b) Application for extension. Such an application must contain:

(1) A statement of the reasons for the application and any documentary or statistical information available to support them.

(2) A statement as to whether the banking organization has complied with all reserve transfer requirements within the provisions of applicable laws and regulations for the three calendar years immediately preceding the date of the application.

(3) Projected balance sheets and earnings statements covering the period of time for which the extension is requested.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 109.2