143 - Limitations on directors, officers and employees.

§ 143. Limitations on directors, officers and employees.    1.  Every  director  of  a  bank  holding  company who is contingently  obligated on any loan or other extension of credit  made  by  a  banking  subsidiary  of  the  bank holding company of which he is a member of the  board of directors to any other individual, partnership,  unincorporated  association  or  corporation,  shall  file  a statement of his financial  condition with such bank holding company at least once in each year  and  at  such other times as the superintendent may require. This subdivision  two shall not apply with respect  to  directors  whose  obligations  are  secured  by  collateral  having  an ascertained market value of at least  fifteen per centum more than the amount of such obligations.    2. (a) No executive officer of  a  bank  holding  company  may  be  an  executive  officer  or  director of another bank holding company or of a  bank or trust company, savings bank, or savings and loan association, or  of a national bank, federal savings bank or federal savings association,  the principal office of which is located in this state, or of a  foreign  banking   corporation   maintaining  a  branch  in  this  state,  unless  permission therefor has been granted by the banking  board  pursuant  to  the  provisions  of  paragraph  (b)  of this subdivision, except that an  executive officer of a bank holding company  may  be  (i)  an  executive  officer  and (ii) a director of one or more banking institutions or bank  holding companies which are subsidiaries of such bank holding company.    (b) The banking board shall have the power to determine by  regulation  who shall be considered, under the provisions of this subdivision, to be  an  executive  officer,  and by a general or specific regulation, upon a  three-fifths vote  of  all  its  members,  to  grant  permission  to  an  executive  officer  of  a bank holding company to be at the same time an  executive officer, director or trustee or both an executive officer  and  a  director or a trustee of another bank holding company or of a bank or  trust company, savings bank, savings and loan association, national bank  located in this state, federal savings and loan association  located  in  this  state  or foreign banking corporation maintaining a branch in this  state. Such permission may be granted only if in  the  judgment  of  the  banking  board  such service by the executive officer will be consistent  with the policy of the state of New York as declared in section  ten  of  this  chapter.  The  banking  board  shall have the power to revoke such  permission by a like vote whenever it finds, after a  reasonable  notice  and  an  opportunity to be heard, that the public interest requires such  revocation.    (c) For the purposes of  this  subdivision,  the  terms  "subsidiary",  "banking institution" and "bank holding company" shall each be given the  same  meaning  as is contained in their respective definition in section  one hundred forty-one of this article, except that the definition of the  term "banking institution" is modified to include national bank, federal  savings bank or federal savings association,  the  principal  office  of  which  institution  is  located  in  this  state,  and a foreign banking  corporation maintaining a branch in this state.    (d) All other restrictions and limitations imposed by this chapter  on  executive  officers  and  directors  of  bank  holding  companies  shall  continue in effect.