New York Senate Bill S09477 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 9477  IN SENATE May 15, 2024 ___________ Introduced by Sen. COONEY -- 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 establishing joint and survivorship accounts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The banking law is amended by adding a new section 675-a to 2 read as follows: 3 § 675-a. Joint accounts; joint and survivorship accounts. 1. Joint 4 accounts. (a) When a deposit of cash, securities, or other property has 5 been made or shall hereafter be made in or with any banking organization 6 or foreign banking corporation transacting business in this state, or 7 shares shall have been already issued or shall be hereafter issued, in 8 any savings and loan association or credit union transacting business in 9 this state, in the name of such depositor or shareholder and another 10 person and in form to be paid or delivered to either, or the survivor of 11 them, such deposit or shares and any additions thereto or accruals ther- 12 eon may be paid or delivered to either during the lifetime of both, and 13 such payment or delivery and the receipt or acquittance of the one to 14 whom such payment or delivery is made, shall be a valid and sufficient 15 release and discharge to the banking organization for all payments or 16 deliveries made on account of such deposit or shares prior to the 17 receipt by the banking organization of notice in writing signed by 18 either one of such persons, not to pay or deliver such deposit or shares 19 and the additions and accruals thereon in accordance with the terms 20 thereof, and after receipt of any such notice, the banking organization 21 may require the receipt or acquittance of both such persons for any 22 further payments or delivery. 23 (b) Title to the property on deposit in an account described in para- 24 graph (a) of this subdivision or to the shares issued as described in 25 paragraph (a) of this subdivision is solely in the depositor no matter 26 the source of the property on deposit or used to acquire the shares or 27 when the property was deposited or the shares acquired. 28 (c) On the death of the other person during the lifetime of the depos- 29 itor the payment or delivery to the depositor of any or all of the funds 30 remaining in the account shall be a valid and sufficient release to the 31 banking organization. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01238-02-3 
 S. 9477 2 1 (d) On the death of the depositor during the lifetime of the other 2 person, the banking organization shall deliver the funds remaining in 3 the account in accord with the contract, signature card, or other docu- 4 ment between the banking organization and the depositor governing the 5 account, which contract, signature card, or other document shall 6 include a provision governing the disposition of the funds remaining in 7 the account on the death of the depositor which shall be in substantial- 8 ly the following form: 9 On the death of the depositor, {name}, the funds in the account shall 10 be disposed of as follows (select one and initial): 11 As part of the estate of the depositor, {name}. (the account is a 12 convenience account) 13 To the other person, {name}. (the account is a survivorship account) 14 (e) If the contract, signature card, or other document does not 15 include such a provision or if it does and the depositor did not select 16 one or the alternative the funds remaining in the account at the depos- 17 itor's death shall be part of the depositor's estate. 18 2. Convenience accounts. If the depositor has designated the inten- 19 tion or it is conclusively presumed that the remaining funds pass as 20 part of the depositor's estate, (a) payment or delivery to the other 21 person of any or all of the funds remaining in the account shall still 22 be a valid and sufficient release to the banking organization if made 23 prior to the receipt by the banking organization of written notice of 24 the depositor's death, and (b) a banking organization which, prior to 25 service upon it of a restraining order, injunction or other appropriate 26 process from a court of competent jurisdiction prohibiting payment, 27 makes payment to the executor, administrator or other qualified repre- 28 sentative of the deceased depositor's estate, shall, to the extent of 29 such payment, be released from liability to any person claiming a right 30 to the funds and the receipt or acquittance of the executor, administra- 31 tor or qualified representative to whom payment is made shall be a valid 32 and sufficient release and discharge of the banking organization. 33 3. Survivorship accounts. If the depositor has indicated the intention 34 that the remaining funds pass to the other person by right of survivor- 35 ship, payment or delivery to the other person of any or all of the funds 36 remaining in the account shall be a valid and sufficient release to the 37 banking organization if made prior to service upon it of a restraining 38 order, injunction or other appropriate process from a court of competent 39 jurisdiction prohibiting such payment. 40 4. Regulations of the superintendent. The superintendent shall promul- 41 gate and may from time to time amend rules and regulations which require 42 that the depositor of a joint account under this section be informed of 43 the terms and conditions of the account, including the relationship and 44 consequences between the parties in the account and the responsibilities 45 of the institution with which the account is established. 46 5. Application. (a) This subdivision or any rule or regulation there- 47 under shall not be deemed or construed as increasing or diminishing the 48 rights or liability of any person or entity. 49 (b) The provisions of this section shall apply to accounts established 50 on or after the effective date of this section. 51 § 2. This act shall take effect on the thirtieth day after it shall 52 have become a law. Effective immediately, the addition, amendment 53 and/or repeal of any rule or regulation necessary for the implementation 54 of this act on its effective date are authorized to be made and 55 completed on or before such effective date.