§ 3. The banking law is amended by adding a new section 675-a to read
as follows:
§ 675-A. JOINT ACCOUNTS AND NON-SURVIVORSHIP ACCOUNTS. 1. DEFI-
NITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "ACCOUNT" MEANS A RELATIONSHIP ESTABLISHED PURSUANT TO AN ACCOUNT
AGREEMENT BETWEEN ONE OR MORE ACCOUNT OWNERS AND A DEPOSITORY INSTITU-
TION.
(B) "ACCOUNT AGREEMENT" MEANS A RECORD, INCLUDING ANY CONTRACT, SIGNA-
TURE CARD, OR OTHER DOCUMENT, THAT ESTABLISHES OR GOVERNS THE TERMS AND
CONDITIONS OF AN ACCOUNT.
(C) "ACCOUNT OWNER" MEANS A NATURAL PERSON WHO, PURSUANT TO THE
ACCOUNT AGREEMENT, HOLDS A PRESENT OWNERSHIP INTEREST IN THE SUMS ON
DEPOSIT, AND DOES NOT INCLUDE A PERSON AUTHORIZED ONLY TO TRANSACT ON
THE ACCOUNT AS AN AGENT OR CONVENIENCE SIGNER.
(D) "CONVENIENCE SIGNER" MEANS A PERSON DESIGNATED BY THE ACCOUNT
OWNER OR OWNERS IN A CONVENIENCE SIGNER DESIGNATION TO TRANSACT ON AN
ACCOUNT WITHOUT ANY OWNERSHIP INTEREST OR SURVIVORSHIP RIGHTS, ACTING
ONLY ON BEHALF OF SUCH ACCOUNT OWNER OR OWNERS. THE AUTHORITY OF A
PERSON DESIGNATED AS AN ATTORNEY-IN-FACT FOR AN ACCOUNT OWNER UNDER A
POWER OF ATTORNEY SHALL TAKE PRECEDENCE OVER AND SUPERSEDE THE AUTHORITY
OF A CONVENIENCE SIGNER.
(E) "CONVENIENCE SIGNER DESIGNATION" MEANS A PROVISION IN AN ACCOUNT
AGREEMENT, PURSUANT TO WHICH THE ACCOUNT OWNER OR OWNERS MAY AGREE TO
AUTHORIZE ONE OR MORE PERSONS TO ACT AS CONVENIENCE SIGNERS WITH RESPECT
TO THE ACCOUNT, IN SUBSTANTIALLY THE FOLLOWING FORM:
"THE ACCOUNT OWNER OR OWNERS MAY (BUT NEED NOT) DESIGNATE ONE OR MORE
"CONVENIENCE SIGNERS" TO MAKE TRANSACTIONS ON THEIR BEHALF. A CONVEN-
IENCE SIGNER DOES NOT OWN THE ACCOUNT AND HAS NO RIGHT TO USE THE MONEY
FOR THEIR OWN PERSONAL BENEFIT.
IDENTIFY THE CONVENIENCE SIGNER OR SIGNERS
(OPTIONAL):_______________________________"
(F) "DEPOSITORY INSTITUTION" MEANS A BANKING ORGANIZATION, A FOREIGN
BANKING CORPORATION LICENSED BY THE SUPERINTENDENT TO TRANSACT BUSINESS
IN THIS STATE, OR AN OUT-OF-STATE STATE BANK THAT OPENS OR OCCUPIES A
BRANCH IN THIS STATE PURSUANT TO ARTICLE FIVE-C OF THIS CHAPTER.
(G) "JOINT ACCOUNT" SHALL MEAN A PERSONAL ACCOUNT GOVERNED BY SUBDIVI-
SION FIVE OF THIS SECTION, CREATED WHEN TWO OR MORE ACCOUNT OWNERS HAVE
DESIGNATED, OR ARE PRESUMED PURSUANT TO SUBDIVISION SIX OF THIS SECTION
TO HAVE DESIGNATED, THAT THE SUMS ON DEPOSIT SHALL PASS BY RIGHT OF
SURVIVORSHIP TO THE SURVIVING ACCOUNT OWNER OR OWNERS UPON THE DEATH OF
AN ACCOUNT OWNER.
(H) "NET CONTRIBUTION" MEANS THE SUM OF THE DEPOSITS MADE BY OR ON
BEHALF OF AN ACCOUNT OWNER ON AN ACCOUNT, LESS WITHDRAWALS MADE BY OR ON
BEHALF OF SUCH ACCOUNT OWNER WHICH HAVE NOT BEEN PAID OR APPLIED TO THE
USE OF ANOTHER ACCOUNT OWNER ON SUCH ACCOUNT, AND A PROPORTIONATE AMOUNT
OF ANY CHARGES DEDUCTED FROM SUCH ACCOUNT, PLUS A PROPORTIONATE AMOUNT
OF ANY INTEREST OR DIVIDENDS EARNED, WHETHER OR NOT INCLUDED IN THE
CURRENT BALANCE. SUCH TERM INCLUDES, TO THE EXTENT PERMITTED BY APPLICA-
BLE LAW, ANY DEPOSIT OF LIFE INSURANCE PROCEEDS ADDED TO AN ACCOUNT BY
REASON OF THE DEATH OF AN ACCOUNT OWNER. NET CONTRIBUTION IS RELEVANT
ONLY TO THE DETERMINATION OF OWNERSHIP INTERESTS IN NON-SURVIVORSHIP
ACCOUNTS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
(I) "NON-SURVIVORSHIP ACCOUNT" MEANS A PERSONAL ACCOUNT GOVERNED BY
SUBDIVISION FOUR OF THIS SECTION, CREATED WHEN TWO OR MORE ACCOUNT
OWNERS HAVE DESIGNATED, OR ARE PRESUMED PURSUANT TO SUBDIVISION SIX OF
A. 8549--B 3
THIS SECTION TO HAVE DESIGNATED, THAT THE SUMS ON DEPOSIT SHALL NOT PASS
BY RIGHT OF SURVIVORSHIP UPON THE DEATH OF AN ACCOUNT OWNER AND SHALL
INSTEAD BE DISPOSED OF AS PART OF SUCH ACCOUNT OWNER'S ESTATE.
(J) "PAYMENT OR TRANSFER" MEANS ANY WITHDRAWAL, DISBURSEMENT, SETOFF,
DEBIT, OR OTHER DISPOSITION OF SUMS ON DEPOSIT.
(K) "PERSONAL ACCOUNT" MEANS AN ACCOUNT BETWEEN ONE OR MORE NATURAL
PERSONS AND A DEPOSITORY INSTITUTION ESTABLISHED FOR PERSONAL OR HOUSE-
HOLD USE AND SHALL NOT INCLUDE: (I) AN ACCOUNT ESTABLISHED FOR A PART-
NERSHIP, JOINT VENTURE, OR OTHER ORGANIZATION FOR A BUSINESS PURPOSE;
(II) AN ACCOUNT CONTROLLED BY ONE OR MORE PERSONS IN AN AGENCY CAPACITY
OR AS A TRUSTEE FOR A CORPORATION, UNINCORPORATED ASSOCIATION, OR CHARI-
TABLE OR CIVIC ORGANIZATION; OR (III) A FIDUCIARY OR TRUST ACCOUNT IN
WHICH THE FIDUCIARY RELATIONSHIP IS ESTABLISHED OTHER THAN BY THE
ACCOUNT AGREEMENT.
(L) "PERSONAL REPRESENTATIVE" MEANS A PERSONAL REPRESENTATIVE AS
DEFINED BY SECTION 1-2.13 OF THE ESTATES, POWERS, AND TRUSTS LAW.
(M) "SUMS ON DEPOSIT" MEANS THE BALANCE PAYABLE ON AN ACCOUNT, INCLUD-
ING INTEREST AND DIVIDENDS EARNED, WHETHER OR NOT INCLUDED IN THE
CURRENT BALANCE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY
DEPOSIT OF LIFE INSURANCE PROCEEDS ADDED TO THE ACCOUNT BY REASON OF THE
DEATH OF AN ACCOUNT OWNER.
(N) "SURVIVORSHIP DESIGNATION" MEANS A PROVISION GOVERNING THE DISPO-
SITION OF THE SUMS ON DEPOSIT UPON THE DEATH OF AN ACCOUNT OWNER IN
SUBSTANTIALLY THE FOLLOWING FORM:
"ALL ACCOUNT OWNERS MUST AGREE TO THE SAME CHOICE BELOW.
IF AN ACCOUNT OWNER DIES, WHAT HAPPENS TO THEIR SHARE OF THE MONEY IN
THIS ACCOUNT (SELECT ONE):
___ THE DECEASED ACCOUNT OWNER'S SHARE BECOMES PART OF THEIR ESTATE.
___ THE DECEASED ACCOUNT OWNER'S SHARE GOES TO THE SURVIVING ACCOUNT
OWNER OR OWNERS ON THIS ACCOUNT, IN EQUAL SHARES."
2. ACCOUNT AGREEMENT; PAYMENT DURING LIFETIME; LIABILITY. (A) WHEN A
DEPOSIT OF CASH, SECURITIES OR OTHER PROPERTY IS MADE IN OR WITH ANY
DEPOSITORY INSTITUTION IN A PERSONAL ACCOUNT, ESTABLISHED IN THE NAME OF
MORE THAN ONE PERSON OR MODIFIED BY ADDING OR REMOVING AN ACCOUNT OWNER
OR CONVENIENCE SIGNER AFTER THE EFFECTIVE DATE OF THIS SECTION, SUCH
DEPOSITORY INSTITUTION SHALL ESTABLISH AN ACCOUNT AGREEMENT, WHICH SHALL
INCLUDE, AT MINIMUM, A SURVIVORSHIP DESIGNATION AND A CONVENIENCE SIGNER
DESIGNATION.
(B) A DEPOSITORY INSTITUTION SHALL EXECUTE AND MAINTAIN AN ACCOUNT
AGREEMENT REQUIRED BY THIS SECTION FOR AS LONG AS SUCH ACCOUNT REMAINS
OPEN AND FOR A PERIOD OF SIX YEARS AFTER IT IS CLOSED.
(C) DURING THE LIFETIME OF ALL ACCOUNT OWNERS, OWNERSHIP INTERESTS IN
THE SUMS ON DEPOSIT SHALL BE GOVERNED BY THE ACCOUNT AGREEMENT.
(D) UPON THE DEATH OF AN ACCOUNT OWNER DURING THE LIFETIME OF ANOTHER
ACCOUNT OWNER ON THE ACCOUNT, THE DEPOSITORY INSTITUTION SHALL DISPOSE
OF THE SUMS ON DEPOSIT PURSUANT TO THE ACCOUNT AGREEMENT.
(E) THE SURVIVORSHIP DESIGNATION AND CONVENIENCE SIGNER DESIGNATION
SHALL CONSTITUTE A SINGLE, UNIFORM DESIGNATION APPLICABLE TO ALL ACCOUNT
OWNERS, AND SHALL BE EXECUTED BY EACH SUCH ACCOUNT OWNER.
(F) PAYMENT OR TRANSFER BY A DEPOSITORY INSTITUTION TO ANY ACCOUNT
OWNER OR CONVENIENCE SIGNER NAMED ON A JOINT ACCOUNT OR NON-SURVIVORSHIP
ACCOUNT PURSUANT TO THE ACCOUNT AGREEMENT SHALL DISCHARGE SUCH DEPOSITO-
RY INSTITUTION FROM LIABILITY TO THE EXTENT OF SUCH PAYMENT OR TRANSFER;
PROVIDED, HOWEVER, THAT A DEPOSITORY INSTITUTION THAT FAILS TO PROPERLY
ESTABLISH OR MAINTAIN THE ACCOUNT AGREEMENT, INCLUDING BY OMITTING OR
FAILING TO PROPERLY EXECUTE OR MAINTAIN THE SURVIVORSHIP DESIGNATION OR
A. 8549--B 4
CONVENIENCE SIGNER DESIGNATION AS REQUIRED BY THIS SECTION, SHALL NOT BE
DISCHARGED OF LIABILITY TO THE EXTENT OF SUCH PAYMENT OR TRANSFER.
(G) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A DEPOSITORY
INSTITUTION TO INVESTIGATE OR VERIFY AN ACCOUNT OWNER'S INTENT BEYOND
THE FACE OF THE ACCOUNT AGREEMENT, OR TO REQUIRE ANY OFFICER, EMPLOYEE,
OR AGENT THEREOF TO PROVIDE LEGAL, TAX, OR ESTATE PLANNING ADVICE TO AN
ACCOUNT OWNER OR ANY OTHER PERSON.
(H) NO OFFICER, EMPLOYEE, OR AGENT OF A DEPOSITORY INSTITUTION SHALL
BE PERSONALLY LIABLE FOR ANY ACT OR OMISSION TAKEN IN GOOD FAITH AND IN
THE ORDINARY COURSE OF SUCH PERSON'S DUTIES IN CONNECTION WITH THE
ESTABLISHMENT, EXPLANATION, MAINTENANCE, OR IMPLEMENTATION OF AN ACCOUNT
AGREEMENT UNDER THIS SECTION, INCLUDING WITH RESPECT TO THE EXECUTION OR
MAINTENANCE OF AN ACCOUNT AGREEMENT, PROVIDED THAT SUCH OFFICER, EMPLOY-
EE, OR AGENT DID NOT ENGAGE IN WILLFUL MISCONDUCT.
(I) FAILURE TO PROPERLY ESTABLISH, EXECUTE, OR MAINTAIN AN ACCOUNT
AGREEMENT PURSUANT TO THIS SECTION SHALL CONSTITUTE A VIOLATION OF THIS
ARTICLE AND MAY BE SUBJECT TO CIVIL PENALTIES, CORRECTIVE ACTION, OR
OTHER ENFORCEMENT MEASURES IMPOSED BY THE SUPERINTENDENT.
3. NOTICE; COMPETING CLAIMS; COURT ORDERS. (A) PAYMENT OR TRANSFER
MADE PURSUANT TO THE ACCOUNT AGREEMENT SHALL DISCHARGE A DEPOSITORY
INSTITUTION OF LIABILITY TO THE EXTENT OF SUCH PAYMENT OR TRANSFER,
WHETHER OR NOT SUCH PAYMENT OR TRANSFER IS CONSISTENT WITH THE OWNERSHIP
INTERESTS IN THE SUMS ON DEPOSIT AS BETWEEN ACCOUNT OWNERS OR ANY OTHER
PERSONS CLAIMING AN INTEREST THEREIN, UNLESS AND UNTIL SUCH DEPOSITORY
INSTITUTION RECEIVES:
(I) WRITTEN NOTICE FROM AN ACCOUNT OWNER OR FROM THE PERSONAL REPRE-
SENTATIVE OF A DECEASED ACCOUNT OWNER'S ESTATE DIRECTING THAT PAYMENT OR
TRANSFER PURSUANT TO THE ACCOUNT AGREEMENT SHOULD NOT BE PERMITTED, AND
THE DEPOSITORY INSTITUTION HAS HAD A REASONABLE OPPORTUNITY TO ACT ON
SUCH NOTICE; OR
(II) SERVICE OF A RESTRAINING ORDER, INJUNCTION, OR OTHER APPROPRIATE
PROCESS ISSUED BY A COURT OF COMPETENT JURISDICTION PROHIBITING PAYMENT
OR TRANSFER.
(B) UPON RECEIPT OF WRITTEN NOTICE OR SERVICE OF PROCESS PURSUANT TO
THIS SUBDIVISION, A DEPOSITORY INSTITUTION MAY IN GOOD FAITH REFUSE,
WITHOUT LIABILITY, TO MAKE FURTHER PAYMENT OR TRANSFER PURSUANT TO THE
ACCOUNT AGREEMENT AND MAY REQUIRE THE ACKNOWLEDGMENT OR CONSENT OF ALL
ACCOUNT OWNERS ON THE ACCOUNT AS A CONDITION OF MAKING ANY SUBSEQUENT
PAYMENT OR TRANSFER.
(C) EXCEPT AS PROVIDED IN THIS SECTION OR BY OTHER APPLICABLE LAW, NO
OTHER INFORMATION OR COMMUNICATION AVAILABLE TO A DEPOSITORY INSTITUTION
SHALL AFFECT ITS RIGHT TO PROTECTION UNDER THIS SECTION.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A DEPOSITORY
INSTITUTION TO DETERMINE THE VALIDITY OR PRIORITY OF CLAIMS TO THE SUMS
ON DEPOSIT.
(E) PROTECTION OF A DEPOSITORY INSTITUTION UNDER THIS SECTION SHALL
NOT AFFECT THE RIGHTS OF ACCOUNT OWNERS OR OTHER PERSONS TO RESOLVE
DISPUTES BETWEEN THEMSELVES, INCLUDING DISPUTES CONCERNING THE OWNERSHIP
OR PAYMENT OR TRANSFER OF THE SUMS ON DEPOSIT.
(F) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER, LIMIT, OR
IMPAIR ANY RIGHT OR REMEDY THAT AN ACCOUNT OWNER OR OTHER PERSON MAY
HAVE AGAINST ANOTHER ACCOUNT OWNER OR OTHER PERSON WITH RESPECT TO THE
SUMS ON DEPOSIT OR ANY PAYMENT OR TRANSFER MADE FROM AN ACCOUNT.
(G) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO VALIDATE OR AUTHOR-
IZE ANY PAYMENT OR TRANSFER THAT IS OTHERWISE UNLAWFUL, OR TO LIMIT OR
IMPAIR ANY REMEDY AVAILABLE UNDER LAW WITH RESPECT TO A PAYMENT OR
A. 8549--B 5
TRANSFER RESULTING FROM FRAUD, UNDUE INFLUENCE, ELDER ABUSE, OR LACK OF
AUTHORITY.
4. NON-SURVIVORSHIP ACCOUNTS. (A) WHERE THE ACCOUNT OWNERS HAVE DESIG-
NATED, OR IT IS PRESUMED PURSUANT TO SUBDIVISION SIX OF THIS SECTION,
THAT THE SUMS ON DEPOSIT SHALL BE DISPOSED OF AS PART OF AN ACCOUNT
OWNER'S ESTATE UPON DEATH, THE ACCOUNT IS A NON-SURVIVORSHIP ACCOUNT,
AND TITLE TO AN ACCOUNT OWNER'S NET CONTRIBUTION TO THE SUMS ON DEPOSIT
SHALL REMAIN SOLELY IN SUCH ACCOUNT OWNER DURING LIFE AND SHALL BE
DISPOSED OF AS PART OF SUCH ACCOUNT OWNER'S ESTATE UPON DEATH.
(B) (I) UPON RECEIPT OF WRITTEN NOTICE OF AN ACCOUNT OWNER'S DEATH,
AND PRIOR TO RECEIPT OF WRITTEN NOTICE FROM AN ACCOUNT OWNER OR THE
PERSONAL REPRESENTATIVE OF A DECEASED ACCOUNT OWNER STATING THAT PAYMENT
OR TRANSFER PURSUANT TO THE ACCOUNT AGREEMENT SHALL NOT BE PERMITTED, OR
SERVICE UPON A DEPOSITORY INSTITUTION OF A RESTRAINING ORDER, INJUNC-
TION, OR OTHER APPROPRIATE PROCESS ISSUED BY A COURT OF COMPETENT JURIS-
DICTION PROHIBITING PAYMENT, PAYMENT OR TRANSFER MADE TO A PERSONAL
REPRESENTATIVE OF AN ACCOUNT OWNER'S ESTATE PURSUANT TO THE ACCOUNT
AGREEMENT SHALL DISCHARGE SUCH DEPOSITORY INSTITUTION FROM LIABILITY TO
THE EXTENT OF SUCH PAYMENT OR TRANSFER.
(II) ANY PAYMENT OR TRANSFER MADE BY A SURVIVING ACCOUNT OWNER AFTER
THE DEATH OF ANOTHER ACCOUNT OWNER SHALL BE SUBJECT TO THE RIGHTS OF
SUCH DECEASED ACCOUNT OWNER'S ESTATE, AND NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO CONFER UPON A SURVIVING ACCOUNT OWNER ANY OWNERSHIP
INTEREST IN A DECEASED ACCOUNT OWNER'S NET CONTRIBUTION TO THE SUMS ON
DEPOSIT IN A NON-SURVIVORSHIP ACCOUNT, EXCEPT AS OTHERWISE PROVIDED BY
LAW.
5. JOINT ACCOUNTS. (A) WHERE ALL ACCOUNT OWNERS HAVE DESIGNATED, OR IT
IS PRESUMED PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THAT THE SUMS
ON DEPOSIT SHALL PASS TO THE OTHER ACCOUNT OWNER OR OWNERS BY RIGHT OF
SURVIVORSHIP, THE ACCOUNT SHALL BE A JOINT ACCOUNT, AND SUCH ACCOUNT
OWNERS' TITLE TO THE SUMS ON DEPOSIT SHALL BE A JOINT TENANCY WITH THE
RIGHT OF SURVIVORSHIP.
(B) (I) TITLE TO THE SUMS ON DEPOSIT AFTER THE DEATH OF AN ACCOUNT
OWNER SHALL BE IN THE SURVIVING ACCOUNT OWNER OR OWNERS IN EQUAL SHARES,
REGARDLESS OF THE SOURCE OF THE PROPERTY ON DEPOSIT OR WHEN SUCH PROPER-
TY WAS DEPOSITED, AND PAYMENT OR TRANSFER TO THE OTHER SURVIVING ACCOUNT
OWNER OR OWNERS OF ANY OR ALL OF THE SUMS ON DEPOSIT SHALL DISCHARGE THE
DEPOSITORY INSTITUTION FROM LIABILITY TO THE EXTENT OF SUCH PAYMENT OR
TRANSFER.
(II) ANY PAYMENT OR TRANSFER IN A JOINT ACCOUNT MADE BY A SURVIVING
ACCOUNT OWNER AFTER THE DEATH OF ANOTHER ACCOUNT OWNER SHALL NOT BE
SUBJECT TO THE RIGHTS OF SUCH DECEASED ACCOUNT OWNER'S ESTATE, AND NOTH-
ING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR IMPAIR A SURVIVING
ACCOUNT OWNER'S OWNERSHIP INTEREST IN THE SUMS ON DEPOSIT ARISING BY
RIGHT OF SURVIVORSHIP IN A JOINT ACCOUNT, EXCEPT AS OTHERWISE PROVIDED
BY LAW.
(C) A TRANSFER RESULTING FROM THE APPLICATION OF THIS SECTION SHALL BE
EFFECTIVE BY REASON OF THE ACCOUNT AGREEMENT AND BY OPERATION OF LAW
PURSUANT TO THIS SECTION AND SHALL NOT BE TESTAMENTARY OR SUBJECT TO
ESTATE ADMINISTRATION.
6. PRESUMPTIONS. IF AN ACCOUNT AGREEMENT DOES NOT INCLUDE A PROPERLY
EXECUTED SURVIVORSHIP DESIGNATION AS REQUIRED BY THIS SECTION, OR IF
SUCH SURVIVORSHIP DESIGNATION IS NOT MAINTAINED IN ACCORDANCE WITH THIS
SECTION OR CONTAINS CONFLICTING OR INCOMPLETE PROVISIONS, THE ACCOUNT
SHALL BE PRESUMED TO BE A NON-SURVIVORSHIP ACCOUNT, UNLESS CLEAR AND
CONVINCING EVIDENCE ESTABLISHES THAT THE ACCOUNT OWNERS INTENDED TO
A. 8549--B 6
CREATE A RIGHT OF SURVIVORSHIP; PROVIDED, HOWEVER, THAT IF THE ONLY
ACCOUNT OWNERS ON SUCH ACCOUNT ARE SPOUSES, THE ACCOUNT SHALL BE
PRESUMED TO BE A JOINT ACCOUNT, UNLESS CLEAR AND CONVINCING EVIDENCE
ESTABLISHES A CONTRARY INTENT.
7. REGULATIONS OF THE SUPERINTENDENT. THE SUPERINTENDENT SHALL PROMUL-
GATE, AND MAY FROM TIME TO TIME AMEND, RULES AND REGULATIONS AS NECES-
SARY TO IMPLEMENT THIS SECTION, INCLUDING RULES REQUIRING THAT ACCOUNT
OWNERS OF JOINT ACCOUNTS AND NON-SURVIVORSHIP ACCOUNTS BE PROVIDED WITH
CLEAR INFORMATION REGARDING THE TERMS AND CONDITIONS OF SUCH ACCOUNTS,
THE LEGAL RELATIONSHIP AMONG ACCOUNT OWNERS AND THE ROLE OF THE DEPOSI-
TORY INSTITUTION WITH RESPECT TO SUCH ACCOUNTS.
8. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR SUBDIVISION OF
THIS SECTION SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO
BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH OR SUBDIVISION THEREOF DIRECTLY INVOLVED IN THE
CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HERE-
BY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS SECTION WOULD
HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED
HEREIN.
§ 4. The superintendent of financial services shall promulgate rules
and regulations necessary to implement the provisions of sections one,
two and three of this act no later than one year after this section
shall have become a law.
§ 5. This act shall take effect immediately; provided, however, that:
(a) sections one, two and three of this act shall take effect on the
one hundred eightieth day after the superintendent of financial services
has promulgated the rules and regulations required under section four of
this act;
(b) the superintendent of financial services shall notify the legisla-
tive bill drafting commission upon the occurrence of the promulgation of
the rules and regulations provided for in section four of this act in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law; and
(c) effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of sections one,
two and three of this act on their effective date are authorized to be
made and completed on or before such effective date.