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Liz Krueger

Sponsor · State Senator, District 28 · Democratic/Working Families

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Senate bill · S4323 (2025-26)

Enacts the uniform special deposits act

Latest action Dec 5, 2025

Summary

Enacts the uniform special deposits act to provide for special deposits in the state of New York in a manner uniform to other jurisdictions.

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Where it stands

Signed into law.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A5345, the matching bill in the Assembly.

Passed as A5345, the matching Assembly bill.

Amends the Banking Law.

Committee

Banks · New York State Assembly

Also referred to Banks · New York State Senate.

Purpose, from the sponsor's memo

The Uniform Law Commission's Uniform Special Deposits Act (the "Act") is intended to provide clarity and safety in an area of law- a common bank- ing transaction known as a "special deposit" that has been subject to uncertainty for many years. Under the Act, a special deposit is defined as a deposit of money at a bank which is to be disbursed for a permissi- ble purpose to a designated person ("beneficiary") only after a speci- fied event or contingency has occurred. Examples of the uses of a special deposit range from the deposit of funds by a tenant as security under a real estate lease, to deposit of funds by a bank with a clearing house to be paid to the bank or disbursed to other banks in the clearing system at the end of inter-bank settlements. Special deposits play an important rote in commerce and industry, but their use has been diminished because they are subject to an antiquated and unclear body of common law that creates unnecessary risks to the parties. Under the common law governing special deposits currently, the bankruptcy of the depositor or an attachment by a creditor of assets of the depositor or a beneficiary may effectively prevent the bank from making payment of the deposit to the appropriate party when the contin- gency occurs. This impairs the rights of and adversely affects all the parties to the deposit. The Act establishes a framework for banks and their customers to utilize special deposits with greater certainty of how such deposits wilt be treated when such events occur. Importantly, the Act is an "opt in" statute. The Act applies only if a bank and its customer specify in the account agreement that they intend to be covered by the Uniform Special Deposits Act. Neither banks nor their customers are required to use this Act. This feature permits existing relationships to continue undisturbed and lets parties choose to utilize the protections provided by the Act when they wish. Matters not addressed by the Act are controlled by general laws already govern- ing deposits or contractual arrangements.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateJun 5, 2025Result: passedSenate vote on A5345, the matching Assembly bill.

    (55) (5) (0) (3)
  • Vote: Committee vote · Banks

    Senate BanksMay 20, 2025Result: passed

    (7) (0) (0) (0)

The sponsor's argument

Why Liz Krueger says this is needed

Enactment of the Act in New York will create a versatile new type of bank account - defined in the Act as a "special deposit" -to ensure the safety and certainty of trillions of dollars of common transactions engaged in by New York consumers and businesses every day. The Act will be particularly useful for capital markets centered in New York, provid- ing payment clearing houses and other market participants with a reli- able method to make and settle payments, while minimizing risk from insolvency or improper interference by creditors with the disbursement of the deposit to a beneficiary. Upon expressly "opting in", depositors and their banks could obtain the benefits of clear statutory rules that will protect a special deposit from premature creditor interference or the bankruptcy of the depositor. By eliminating unnecessary litigation risks that exist under current taw, the Act will make special deposits much more useful and certain for transfers where final disbursement of the funds is contingent on some future event. In particular, the Act will give banks and their customers a flexible payment mechanism to ensure safe, secure and efficient payments to account beneficiaries and protect all parties from uncer- tainties under existing law, including depositor bankruptcy risks and premature assertion of creditor claims. The Act will enhance New York's status as a preeminent commercial jurisdiction by enabling its banks to offer a valuable service to capital markets, clearinghouses and other commercial and individual clients and by avoiding the loss of business to other states that may adopt the Act.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Dec 5, 2025

    Signed

    SIGNED CHAP.583

    NY Assembly

  2. Dec 1, 2025

    Sent to the executive

    DELIVERED TO GOVERNOR

    NY Assembly

  3. Jun 5, 2025

    3RD Reading CAL.1171

    3RD READING CAL.1171

    NY Senate

  4. Jun 5, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  5. Jun 5, 2025

    Substituted

    SUBSTITUTED BY A5345

    NY Senate

Show full history (12 earlier events)
  1. May 29, 2025

    Sent to the executive

    DELIVERED TO SENATE

    NY Assembly

  2. May 29, 2025

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  3. May 29, 2025

    Referred to committee

    REFERRED TO BANKS

    NY Senate

  4. May 29, 2025

    Reported out of committee

    REPORTED

    NY Assembly

  5. May 29, 2025

    Rules Report CAL.316

    RULES REPORT CAL.316

    NY Assembly

  6. May 28, 2025

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  7. May 22, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  8. May 21, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  9. May 20, 2025

    1ST Report CAL.1171

    1ST REPORT CAL.1171

    NY Senate

  10. May 19, 2025

    Reported out of committee

    REPORTED REFERRED TO CODES

    NY Assembly

  11. Feb 13, 2025

    Referred to committee

    REFERRED TO BANKS

    NY Assembly

  12. Feb 4, 2025

    Referred to committee

    REFERRED TO BANKS

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

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Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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