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Code · New York · Banking · Mutual Holding Companies

§ 293. Mutual holding company powers.

436 words·~2 min read·/ny/banking/mutual-holding-companies/293·

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§ 293. Mutual holding company powers. 1. Upon the formation of a
mutual holding company by a mutual savings bank:
(a)except as provided pursuant to the provisions of subdivision two
of this section, the mutual holding company shall possess all the
rights, powers and privileges, except deposit-taking powers, and shall
be subject to all the limitations, not inconsistent with this article,
of a mutual savings bank under articles six and sixteen of this chapter.
(b)the mutual holding company shall be subject to the limitations
imposed by the Bank Holding Company Act of 1956 (title twelve United
States Code Section 1841, et seq.) or, in the case of a mutual holding
company resulting from the reorganization of a savings bank which has
elected either prior or subsequent to such reorganization to be treated
as a savings association as that term is defined in title twelve United
States Code Section 1467a, such mutual holding company shall be subject
to the limitations imposed by the savings and loan holding company
provisions of the Home Owners Loan Act (title twelve United States Code
Section 1467a).
2. Notwithstanding any inconsistent provisions of section fourteen-e,
six hundred, six hundred one, six hundred one-a or six hundred one-b of
this chapter, subject to regulations of the superintendent, a mutual
holding company may:
(a)merge with, acquire or purchase the assets of a mutual holding
company established pursuant to this article or the savings and loan
holding company provisions of the Home Owners Loan Act (title twelve
United States Code Section 1467a);
(b)acquire or purchase the assets or stock of a stock savings bank, a
stock savings and loan association, a stock federal savings bank or a
stock federal savings and loan association;
(c)acquire a mutual savings bank, a mutual savings and loan
association, a federal mutual savings bank or a federal mutual savings
and loan association through the merger of such institution with a stock
subsidiary of such mutual holding company;
(d)engage in any other acquisition or combination specifically
permitted by regulations of the superintendent; provided, however, that
any such regulation shall only authorize activities which are authorized
by the provisions of the Bank Holding Company Act of 1956, as amended,
(title twelve United States Code, Section 1841, et seq.) and the
provisions applicable, to mutual holding companies under the Home Owners
Loan Act, as amended, (title twelve United States Code, Section 1467a)
and any regulations or rules of the Federal Reserve Board and the
federal Office of Thrift Supervision pursuant thereto, respectively, to
the extent such authorized activities are not otherwise limited or
prohibited by this chapter.
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