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This entry was published on 2014-09-22
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Powers and limitations of a company
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 7-A
§ 355. Powers and limitations of a company. 1. Except as is
inconsistent with the provisions of this article, a company shall have,
in carrying out the purpose of this article, the powers conferred on
corporations by the not-for-profit corporation law and shall be subject
to the limitations contained therein.

2. Companies shall have the following additional powers:

(a) To make and execute contracts and other instruments necessary or
convenient in the exercise of its powers;

(b) To acquire or contract to acquire from any persons, firm,
corporation, public corporation, municipality, federal or state agency,
by grant, purchase, or otherwise, leaseholds, real, personal or mixed
property or any interest therein, and to sell, assign, exchange,
transfer, mortgage or encumber the same;

(c) To own, hold, clear and improve, leasehold, real, personal or
mixed property or any interest therein;

(d) To issue non-interest bearing debentures up to an amount
representing the difference, if any, between the amount of the mortgage
made by the company and the estimated project cost; and in the event the
final project cost shall exceed the estimated project cost, the
difference between the amount of the mortgage made by the company and
such final project cost;

(e) To construct, reconstruct, rehabilitate, improve, alter, repair,
lease, manage or operate and otherwise provide community senior citizens
services projects;

(f) To insure or provide for the insurance of its property or
operations as required by law and also against such other risks as it
may deem advisable;

(g) To limit by contract the exercise of any of its powers;

(h) To invest any funds held in reserves or sinking funds, or any
funds not required for immediate disbursement in property or securities
in which savings banks may legally invest funds subject to their

(i) To sue and be sued;

(j) To have a seal and alter the same at pleasure;

(k) To make and from time to time amend and repeal by-laws, rules and
regulations not inconsistent with the provisions of this article;

(l) To enter into contracts with the New York state housing finance
agency for mortgage loans and to pay all such fees and charges as may be
imposed by such agency as a condition of such mortgage loan;

(m) To enter into contracts for the rendering of services;

(n) To receive assistance from the state, federal government,
municipalities, or any person, firm or corporation by contract or
otherwise; and to comply, subject to the provisions of this article,
with the terms and conditions of such assistance;

(o) To do all other things necessary or convenient to carry out its

3. No company shall:

(a) Acquire any real property or interest therein unless such company
shall first have obtained from the commissioner a certificate that such
acquisition is consistent with the purposes of this article;

(b) Issue notes, bonds, debentures, or other obligations in an
aggregate amount greater than project cost;

(c) Without first having obtained the written consent of the

(i) Construct, reconstruct, rehabilitate, improve, alter or repair any
project, or enter into any contract for such purposes;

(ii) Sell, transfer, lease or encumber any real property, except that
no such consent shall be necessary in any sale in foreclosure pursuant
to section three hundred sixty-three;

(iii) Enter into any contracts relating to the management or operation
of senior citizens services projects;

(iv) Enter into any contracts for the payment of any salary, fee or
emolument to officers or employees;

(v) Make a guaranty of payment, or pledge any or all of its assets,
income or revenues to secure payment of its obligations;

(vi) Lease a project or a portion thereof to a third party for the
purposes of operation, such lease to be subject to all the terms,
provisions and limitations of any mortgage loan made by the New York
state housing finance agency relating to such project.