US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New York Laws » Consolidated Laws » BNK - Banking » Article 6 - Savings Banks » 257 – Duties of Trustees and Officers.
§ 257. Duties of trustees and officers. 1. Trustees and officers shall
discharge  the  duties  of  their respective positions in good faith and
with that degree of diligence, care and skill which  prudent  men  would
exercise  under  similar circumstances in like positions. In discharging
their duties, trustees and officers, when acting in good faith, may rely
(a) upon financial statements of the savings bank represented to them to
be correct by the president or the officer of the  savings  bank  having
charge  of  the  books  of  account, or stated in a written report by an
independent public or  certified  public  accountant  or  firm  of  such
accountants  fairly  to  reflect the financial condition of such savings
bank and (b) upon reports required  to  be  submitted  to  them  by  any
provision of this chapter or prepared in the ordinary course of business
by  an  officer  or  committee charged with the responsibility therefor.
Nothing in this section shall be  deemed  to  require  the  trustees  to
perform  functions  vested  in  any  committee,  officer or other person
pursuant to the provisions of any other section of this chapter.
  2. An action may be brought against one or more trustees  or  officers
of a savings bank to procure a judgment for the following relief:

(a) To compel the defendant to account for his official conduct in the following cases:

(1) The neglect of, or failure to perform, or other violation of his duties in the management and disposition of the savings bank's assets committed to his charge.

(2) The acquisition by himself, transfer to others, loss or waste of the savings bank's assets due to any neglect of or failure to perform, or other violation of his duties.

(b) To set aside a conveyance, assignment or transfer of the savings bank's assets by one or more trustees or officers, contrary to a provision of law, where the transferee knew the purpose of the transfer.

(c) To enjoin such a conveyance, assignment or transfer of the savings bank's assets by one or more of the trustees or officers where there is good reason to apprehend that it will be made. 3. Subject to section six hundred thirty-one of this chapter, an action may be brought for the relief provided in this section by a savings bank or an officer, trustee or judgment creditor thereof. 4. This section shall not affect any liability otherwise imposed by law upon any trustee or officer.