N.Y. Comp. Codes R. & Regs. Tit. 3 § 69.1 - Transfers to surplus funds of savings banks
If, at the close of any accounting period, the net worth of any savings bank is less than 10 per centum of the amount due to depositors, 10 per centum of its net earnings for such period shall be credited to its surplus fund, or so much thereof less than 10 per centum as will make such net worth equal to 10 per centum of the amount due to depositors.
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