This text of New York § 248 (Removal and forfeiture of office of trustee) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 248. Removal and forfeiture of office of trustee.
1.Whenever the\nconduct and habits of a trustee are of such a character as to be\ninjurious to the savings bank, or a trustee has been guilty of acts that\nare detrimental or hostile to the interests of the savings bank, he may\nbe removed from office at any regular meeting of the trustees, by the\naffirmative vote of three-fourths of all the trustees; provided,\nhowever, that a written copy of the charges made against him shall have\nbeen served upon him personally at least two weeks before such meeting,\nthat the vote of such trustees shall be entered in the record of the\nminutes of such meeting, and that such removal shall receive the written\napproval of the superintendent, which shall be attached to the minutes\nof such meeting
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§ 248. Removal and forfeiture of office of trustee. 1. Whenever the\nconduct and habits of a trustee are of such a character as to be\ninjurious to the savings bank, or a trustee has been guilty of acts that\nare detrimental or hostile to the interests of the savings bank, he may\nbe removed from office at any regular meeting of the trustees, by the\naffirmative vote of three-fourths of all the trustees; provided,\nhowever, that a written copy of the charges made against him shall have\nbeen served upon him personally at least two weeks before such meeting,\nthat the vote of such trustees shall be entered in the record of the\nminutes of such meeting, and that such removal shall receive the written\napproval of the superintendent, which shall be attached to the minutes\nof such meeting and form a part of the record.\n 2. The office of a trustee of a savings bank shall become vacant\nwhenever he\n (a) Shall fail to comply with any of the provisions of this article\nrelating to his official oath and declaration.\n (b) Shall become disqualified for any of the reasons specified in this\narticle.\n (c) Shall have failed to attend the regular meetings of the board of\ntrustees and also of any committee of the board of which he is a member,\nfor a period of six successive months, unless excused by the board for\nsuch failure by resolution adopted at the first or second regular\nmeeting of the board after expiration of such six months period and\nentered upon its minutes; provided, however, that a trustee who has\nforfeited or vacated his office by reason of such failure to attend\nmeetings shall not be eligible for re-election until the expiration of\none year from the date of the first regular meeting of the board at\nwhich a resolution could have been adopted by it, as herein provided, to\nexcuse such failure. A copy of such resolution shall be transmitted to\nthe superintendent by the savings bank within five days after its\nadoption.\n (d) Shall violate any of the provisions of this article imposing\nrestrictions upon trustees and officers.\n (e) Shall reach the mandatory retirement age, if any, prescribed in\nthe by-laws of the savings bank.\n 3. A trustee who has forfeited or vacated his office shall not be\neligible for re-election, except when the forfeiture or vacancy occurred\nsolely by reason of his\n (a) Failure to comply with the provisions of this article relating to\nhis official oath and declaration; or\n (b) Failure to attend the regular meetings of the board of trustees or\nneglect of his official duties as prescribed in paragraph (c) of\nsubdivision two of this section; or\n (c) Disqualification through becoming a non-resident, or becoming a\ntrustee, officer or employee of another savings bank, or becoming a\ndirector or trustee of a bank, trust company, national bank, mortgage or\ntitle company and such disqualification shall have been removed.\n (d) Resignation while free of any of the disqualifications specified\nin this article.\n