New York Codes, Rules and Regulations
Title 3 - BANKING
Appendices
Appendix 3

Current through Register Vol. 44, No. 38, September 21, 2022

SECURITIES FIRMS

TO THE SUPERINTENDENT OF BANKS OF THE STATE OF NEW YORK:

The following information is submitted by (name and address of undersigned firm engaged in securities activities) as the basis for determining whether, under Section 130, subdivision 4 (or Section 143, subdivision 1, if applicable) of the New York State Banking Law, Mr. (name) is eligible to act as a director, (officer, clerk or employee) of (name of bank or trust company) while connected with this firm in the capacity of (title or position). (The figures given [to the extent applicable] should be for the last three full fiscal years of the firm.)

1.

(a) Annual dollar volume of firm's underwriting and distributing business (other than securities issued or guaranteed as to principal or interest by the United States).

Note: This should include the acquisition of blocks of previously issued securities and selling them for own account (secondary distributions). It should also include any sale of mutual fund shares or other securities when the firm is in the chain of distribution of such securities.

(b) Total annual volume of all of firm's business.

2.

(a) Net annual income before taxes of firm from such underwriting and distributing.

(b) Total net annual income before taxes from all business.

3.

(a) Does the firm hold itself out as being in the underwriting and distributing business?

(b) Do its advertisements or reports refer to or emphasize such underwriting and distributing?

(c) Does the firm have a separate underwriting or distributing department?

4. Does the firm have any office overseas? If so, describe the location of any overseas offices and the allocation between business done in the U. S. and overseas.

5. Does the firm engage in any investment advisory or investment management service for mutual funds, insurance companies or others? Does the firm act as a trustee with investment powers? If so, please describe the mutual funds, firms or others involved, including amounts managed and the fees obtained.

6. Other factors which may have a bearing upon consideration of the question. (Explain fully.)

(name of firm)

____________ ____________

Date By (name and title of position)

MUTUAL FUNDS

TO THE SUPERINTENDENT OF BANKS OF THE STATE OF NEW YORK:

The following information is submitted by (name and address of mutual fund) as the basis for determining whether, under Section 130, subdivision 4, (or Section 143, subdivision 1, if applicable) of the New York State Banking Law, Mr. (name) shall be granted permission by the Banking Board so that he may act as a director (officer, clerk or employee) of (name of bank or trust company) while connected with this fund in the capacity of (title or position).

The most recent prospectus or similar document for this fund is attached.

1. State whether or not the fund is presently considered an open-end fund. If not, describe all additions to capital of the fund during the last 3 years.

2. State the names and addresses of the fund's investment advisers, managers and underwriters.

3. Describe how the fund's shares are sold.

4. State whether or not the fund's shares are sold entirely offshore.

5. State whether or not the fund contemplates any business with the bank or trust company involved or has had any business during the last 3 years and the extent thereof.

6. State the total amount of U. S. securities owned at the end of each of the last 3 fiscal years and the total amount of foreign securities owned at the same time.

7. Other factors which may have a bearing upon consideration of the question. (Explain fully).

(name of fund)

____________ ____________

Date By (name and title of position)

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