§ 28-A — Temporary change of location; approval or refusal; certificate

§ 28-a. Temporary change of location; approval or refusal;\ncertificate. Notwithstanding any provisions of law limiting the number\nof offices which may be maintained thereby, any banking organization or\nforeign banking corporation may make a written application to the\nsuperintendent for a temporary change of location of its authorized\nplace or one of its authorized places of business or a portion thereof\nto another place within the state which shall be as near as practicable\nto such authorized place of business. At the time of making the\napplication an investigation fee as prescribed pursuant to section\neighteen-a of this article shall be paid to the superintendent for each\ntemporary location for which leave to open is sought, except where (1)\nthe applicant would not be required to pay an investigation fee upon the\nfiling of an application for a change of location under provisions of\nthis chapter other than this section, or (2) said application is\nnecessitated by damage or destruction caused by flood, tidal wave,\nearthquake, conflagration, tornado, hurricane, cyclone, windstorm or\nother storm or such other event as shall have been declared a\ncatastrophe by the superintendent. If there is no reasonable objection\nto such change, and if the superintendent finds that such change is\nnecessary or desirable during a period of construction, repair,\nalteration, improvement, or reconstruction of the previously authorized\nplace of business, he or she shall issue a certificate under his or her\nhand and the official seal of the department authorizing each such\nchange and specifying (a) the period during which such temporary\nlocation may be maintained, (b) the date on or after which such change\nmay be made, and (c) the powers which may be exercised thereat. The\nsuperintendent shall cause the original of such certificate to be\ntransmitted to the applicant, a copy to be filed in the office of the\ndepartment and a copy to be filed in the office of the clerk of the\ncounty in which the principal office of the applicant is located. If the\nsuperintendent shall be satisfied in any case that a change is\nundesirable or inexpedient, he or she shall refuse such application and\nnotify the applicant of his or her determination. A temporary place of\nbusiness occupied pursuant to the provisions of this section shall be\nclosed as soon as practicable, and in no event later than the date\nspecified in its authorization certificate, unless the superintendent\nshall have extended such time. The banking organization or corporation\nshall notify the superintendent in writing prior to such closing as to\nthe date it intends to close the temporary place of business.\n