142-A - Limitation on acquisition of newly chartered banking institutions.

§ 142-a.   Limitation   on  acquisition  of  newly  chartered  banking  institutions. 1. No bank holding company  may  acquire  control  of  any  banking  institution  which  has been chartered for less than five years  and has its principal office in a city or village with a  population  of  fifty  thousand or less if the principal office of a bank, trust company  or national bank the principal office of which institution is located in  this state and which institution is not a subsidiary of a  bank  holding  company  is  located in such city or village; provided, however, such an  acquisition may be consummated upon the  obtaining  of  the  appropriate  supervisory approvals if: (a) application is pending for the institution  being  acquired  to  merge with or acquire the assets of another banking  institution having its principal office in the same city or village  and  chartered  for over five years, or if; (b) the superintendent finds that  the banking institution being acquired was  not  chartered  directly  or  indirectly   by  the  acquiring  bank  holding  company,  its  officers,  directors or stockholders, and does not have the capacity to continue to  conduct its business independently in  a  fashion  consistent  with  the  public interest and the interests of depositors, creditors, shareholders  and stockholders.    2.  As  used in this section, the term "control" means the possession,  directly or indirectly, of the power to direct or cause the direction of  the management and policies of a banking  institution,  whether  through  the ownership of voting stock of such banking institution, the ownership  of  voting stock of any company which possesses such power or otherwise.  Control  shall  be  presumed  to  exist  if  any  company,  directly  or  indirectly,  owns,  controls  or  holds  with  the power to vote ten per  centum or more of the voting stock of any banking institution or of  any  company  which owns, controls or holds with power to vote ten percent or  more of the voting stock of such  banking  institution,  but  no  person  shall be deemed to control a banking institution solely by reason of his  being  an officer or director of such banking institution or company. As  used in this section, the terms  "bank  holding  company"  and  "banking  institution"  shall  have the meanings as defined in section one hundred  forty-one of this article, except that the definition of  "bank  holding  company"  is  modified  to  change  the  phrase  "a banking institution"  wherever it appears therein to "one or more  banking  institutions"  and  the  definition  of  "banking institution" is modified to add a national  banking association, the principal office of which is  located  in  this  state.    3.  As  used  in this section, the term "village" shall mean either an  incorporated or unincorporated village.