Legislation
SECTION 511
Change of location; change of designation of principal office
Banking (BNK) CHAPTER 2, ARTICLE 12
§ 511. Change of location; change of designation of principal office.
Any investment company may make a written application to the
superintendent, such application to be accompanied by an investigation
fee as prescribed pursuant to section eighteen-a of this chapter, for
leave to change its place or one of its places of business to another
place or for leave to change the designation of its principal office to
a branch office and to change the designation of one of its branch
offices to its principal office. The application shall state the reasons
for such proposed change, and shall be accompanied by a copy of a
resolution authorizing the making of the application, certified by a
principal officer of the investment company to have been adopted by vote
of a majority of its entire board of directors. If the proposed place of
business is within the limits of the village, borough or city, if in a
city not divided into boroughs, in which the place of business sought to
be changed is located, such change may be made upon the written approval
of the superintendent; if beyond such limits, notice of intention to
make such application, signed by a principal officer of the corporation,
shall be published once a week for two successive weeks in a newspaper
to be designated by the superintendent for the purpose, in accordance
with the provisions of article two of this chapter. If the
superintendent shall grant his or her certificate authorizing the change
of location, as provided in article two of this chapter, the investment
company may, upon or after the day specified in the certificate, remove
its property and effects to the location designated therein.
Anything contained in this chapter to the contrary notwithstanding, an
investment company to which the provisions of subdivision two of section
thirty-six of this chapter are inapplicable may change the location of
its place or one of its places of business to another place or may
change the designation of its principal office to a branch office and
change the designation of one of its branch offices to its principal
office, without applying or obtaining authorization therefor under the
provisions of this section or article two of this chapter, but no such
change shall be made by an investment company until it shall have
notified the superintendent in writing of the new location or of the
change of designation of its principal office.
If the newly designated principal office be in a different county than
the county in which the principal office is located immediately prior to
the change, the superintendent shall file in the office of the clerk of
each such county a certificate stating that such change has been made by
the investment company.
Any investment company may make a written application to the
superintendent, such application to be accompanied by an investigation
fee as prescribed pursuant to section eighteen-a of this chapter, for
leave to change its place or one of its places of business to another
place or for leave to change the designation of its principal office to
a branch office and to change the designation of one of its branch
offices to its principal office. The application shall state the reasons
for such proposed change, and shall be accompanied by a copy of a
resolution authorizing the making of the application, certified by a
principal officer of the investment company to have been adopted by vote
of a majority of its entire board of directors. If the proposed place of
business is within the limits of the village, borough or city, if in a
city not divided into boroughs, in which the place of business sought to
be changed is located, such change may be made upon the written approval
of the superintendent; if beyond such limits, notice of intention to
make such application, signed by a principal officer of the corporation,
shall be published once a week for two successive weeks in a newspaper
to be designated by the superintendent for the purpose, in accordance
with the provisions of article two of this chapter. If the
superintendent shall grant his or her certificate authorizing the change
of location, as provided in article two of this chapter, the investment
company may, upon or after the day specified in the certificate, remove
its property and effects to the location designated therein.
Anything contained in this chapter to the contrary notwithstanding, an
investment company to which the provisions of subdivision two of section
thirty-six of this chapter are inapplicable may change the location of
its place or one of its places of business to another place or may
change the designation of its principal office to a branch office and
change the designation of one of its branch offices to its principal
office, without applying or obtaining authorization therefor under the
provisions of this section or article two of this chapter, but no such
change shall be made by an investment company until it shall have
notified the superintendent in writing of the new location or of the
change of designation of its principal office.
If the newly designated principal office be in a different county than
the county in which the principal office is located immediately prior to
the change, the superintendent shall file in the office of the clerk of
each such county a certificate stating that such change has been made by
the investment company.