Sec. 1.2. General standards

(a) In acting on any application to establish and maintain a branch or agency in this State under Banking Law, section 26, or a representative office in this State under Banking Law, section 221-c, the superintendent shall consider the following factors:

(1) the economic and political stability of the home country of the foreign banking corporation;

(2) the degree to which the foreign banking corporation and any foreign bank of which the foreign banking corporation is a subsidiary is subject to comprehensive supervision and regulation on a consolidated basis by the home country authorities;

(3) whether adequate information will be made available initially on a continuing basis to the Department of Financial Services on the operations and activities of the foreign banking corporation and its affiliates;

(4) the financial strength and resources of the foreign banking corporation (including compliance with international capital guidelines as promulgated by the Bank for International Settlements, the applicant's projected capital position, the history of the applicant's operating performance, and its future prospects);

(5) the integrity, competence and experience (including experience in international banking) of the management and principal shareholders of the foreign banking corporation and the person(s) designated to represent such foreign banking corporation;

(6) the supervisory evaluations of the foreign banking corporation by other regulatory authorities;

(7) the size and significance of the foreign banking corporation in relation to other banking corporations in its home country and worldwide; and

(8) any other factors the superintendent deems relevant.

(b) In applying the criteria listed in subdivision (a) of this section to an application by a foreign banking corporation to establish and maintain a representative office, the superintendent may take into account the limited nature of the activities that shall be conducted through such representative office.