S T A T E O F N E W Y O R K
________________________________________________________________________
4607--A
2009-2010 Regular Sessions
I N S E N A T E
April 24, 2009
___________
Introduced by Sens. ONORATO, BRESLIN, DILAN, HASSELL-THOMPSON, C. JOHN-
SON, KRUEGER, PARKER, PERKINS, SAMPSON, SCHNEIDERMAN, THOMPSON -- read
twice and ordered printed, and when printed to be committed to the
Committee on Banks -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the banking law, in relation to requiring the disclosure
of the rights and liabilities of joint depositors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that
many consumers fail to fully comprehend the rights and liabilities they
assume when they establish a bank account as joint tenants. For that
reason, the legislature declares that the state banking department shall
promulgate rules and regulations to provide for the full and public
disclosure by banking institutions of such rights and liabilities at the
opening of such an account.
S 2. Section 14-c of the banking law, as added by chapter 19 of the
laws of 1978 and the opening paragraph of subdivision 1 as amended by
chapter 9 of the laws of 1996, is amended to read as follows:
S 14-c. Power of the banking board to prescribe criteria for disclo-
sure of information on savings, CHECKING, and time accounts. 1. The
banking board shall promulgate rules and regulations with respect to the
disclosure of information on savings, CHECKING, and time accounts by all
banking organizations and out-of-state state banks authorized to operate
and maintain branches pursuant to article five-C of this chapter. Such
rules and regulations shall set forth guidelines for, but not be limited
to the following:
(a) disclosure of the annual rate of simple interest; the effective
annual yield; the formula used in calculating interest; the frequency of
compounding and crediting of interest; date on which a deposit begins to
earn interest; any delay in crediting a deposited instrument; grace
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03641-02-9
S. 4607--A 2
periods for deposits and withdrawals; the minimum balance required to
earn interest; the method of determining the balance on which interest
is paid; the minimum length of time funds must remain on deposit to earn
interest; any fees levied on inactive accounts; any charges, penalties
or other conditions imposed upon withdrawals; any penalties for the
closing of an account before a specific date; THE RIGHTS AND LIABILITIES
OF DEPOSITORS OR SHAREHOLDERS OF ACCOUNTS HELD JOINTLY; and any other
fees, charges or penalties.
(b) form, content and distribution of information PROVIDED, THAT WITH
RESPECT TO ACCOUNTS HELD JOINTLY, SUCH INFORMATION SHALL INCLUDE, BUT
NOT BE LIMITED TO, A ONE PAGE FORM IN BOLD PRINT DISTRIBUTED TO DEPOS-
ITORS OR SHAREHOLDERS WHEN SUCH AN ACCOUNT IS OPENED, DETAILING THE
RIGHTS AND LIABILITIES OF SUCH DEPOSITORS OR SHAREHOLDERS.
2. The banking board may alter or amend rules and regulations or
promulgate additional rules and regulations as it deems necessary and
proper to effectuate the provisions of subdivision one OF THIS SECTION.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that the banking board
shall immediately promulgate such rules and regulations as are necessary
so that the provisions of this act may be fully implemented on such
date.