STATE OF NEW YORK ________________________________________________________________________ 3755 2017-2018 Regular Sessions IN SENATE January 26, 2017 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Banks AN ACT to amend the banking law, in relation to community bank service corporations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "community bank service corporation act". 3 § 2. The banking law is amended by adding a new article 2-D to read as 4 follows: 5 ARTICLE 2-D 6 COMMUNITY BANK SERVICE CORPORATIONS 7 Section 88. Service corporations owned by community banks; authorized 8 activities of such corporations; investments therein. 9 § 88. Service corporations owned by community banks; authorized activ- 10 ities of such corporations; investments therein. 1. A community bank may 11 invest in the stock, capital notes and debentures of one or more service 12 corporations organized under the laws of this state for the sole activ- 13 ities set forth in subdivision two of this section, to the extent and 14 upon such conditions as are or have been authorized by the superinten- 15 dent of financial services including but not limited to the following 16 activities: 17 (a) providing services primarily for other financial institutions 18 particularly accounting, auditing, clerical, compliance activities, 19 consulting, data storage and process, investment advisory, research 20 services, locator services, personnel training and support, marketing 21 services, employee leasing services, and managerial; 22 (b) originating, investing in, purchasing, selling, servicing or 23 otherwise dealing in directly or through participation, loans of any 24 type which may be made by a community bank; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08456-01-7

S. 3755 2 1 (c) providing insurance brokerage or agency services, including but 2 not limited to agency for sale of insurance, vehicle warranty programs, 3 group purchasing programs and real estate settlement programs; 4 (d) providing real estate services including but not limited to 5 brokerage, appraisal, inspection, property management, and leasing of 6 excess property; 7 (e) leasing of personal property to customers; 8 (f) providing loan support services including but not limited to debt 9 collection services, loan processing, service and sales, real estate 10 settlement services, purchasing and servicing of non-performing loans 11 and referral and processing of loan applications; 12 (g) record retention, security and disaster recovery services includ- 13 ing but not limited to alarm-monitoring and other security services, 14 disaster recovery services, microfilm, microfiche, optical and electron- 15 ic imaging, CD-ROM data storage and retrieval services, provision of 16 forms and supplies and record retention and storage; 17 (h) securities brokerage services; 18 (i) shared community bank branch operations; 19 (j) student loan origination, including the authority to buy and sell 20 participation interests in such loans; 21 (k) travel agency and tax preparation services; 22 (l) providing courier services; 23 (m) trust and trust related services including but not limited to 24 acting as administrator for prepaid legal service plans, acting as trus- 25 tee, guardian, conservator, estate administrator or in any other fiduci- 26 ary capacity and trust services; 27 (n) credit and loan origination; 28 (o) payroll processing services; 29 (p) issuing credit cards and engaging in credit card operations; 30 (q) issuing letters of credit; and 31 (r) sponsoring, organizing and advising open-ended mutual funds; 32 provided that all of the stock of such service corporations is, or is to 33 be, owned by one or more community banks; and provided further, that no 34 community bank may make any investment under this section if its aggre- 35 gate outstanding investment thereby, determined as prescribed by the 36 superintendent of financial services, would exceed five per centum of 37 its assets. 38 2. The activities of such service corporations, performed directly or 39 through one or more wholly owned subsidiaries, shall consist of render- 40 ing such services to community banks and making such investments for 41 itself and for community banks as are authorized services and invest- 42 ments for such community banks under the provisions of this chapter, as 43 well as such activities as may be prescribed by the general regulation 44 of the superintendent of financial services. 45 3. For purposes of this section, a community bank shall be defined as 46 a bank or trust company organized under or subject to the provision of 47 article three of this chapter or the comparable provision of the laws of 48 another state or a national banking association or a savings bank, a 49 savings and loan association or other savings institution chartered and 50 supervised as such under federal or state law where average value of 51 assets must not exceed eight billion dollars. 52 § 3. This act shall take effect on the sixtieth day after it shall 53 have become a law.

Enacts the community bank service corporation act

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