NY Banking L § 39 (2021)
2021 New York Laws BNK - Banking Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers 39 - Orders of Superintendent.

§ 39.  Orders  of superintendent. 1. To appear and explain an apparent   violation. Whenever it shall  appear  to  the  superintendent  that  any   banking  organization, bank holding company, registered mortgage broker,   licensed mortgage banker, licensed  student  loan  servicer,  registered   mortgage  loan  servicer,  licensed  mortgage  loan originator, licensed   lender, licensed casher  of  checks,  licensed  sales  finance  company,   licensed  insurance  premium  finance  agency,  licensed  transmitter of   money, licensed budget planner, out-of-state state bank that maintains a   branch or branches or representative or other offices in this state,  or   foreign  banking  corporation  licensed  by  the  superintendent  to  do   business or maintain a representative office in this state has  violated   any law or regulation, he or she may, in his or her discretion, issue an   order  describing  such  apparent  violation  and requiring such banking   organization, bank holding company, registered mortgage broker, licensed   mortgage banker, licensed student loan servicer, licensed mortgage  loan   originator,  licensed  lender, licensed casher of checks, licensed sales   finance company, licensed insurance  premium  finance  agency,  licensed   transmitter  of  money, licensed budget planner, out-of-state state bank   that maintains a branch or branches or representative or  other  offices   in  this  state,  or foreign banking corporation to appear before him or   her, at a time and place fixed in said order, to present an  explanation   of such apparent violation.2.  To  discontinue  unauthorized  or  unsafe  and  unsound practices.   Whenever  it  shall  appear  to  the  superintendent  that  any  banking   organization, bank holding company, registered mortgage broker, licensed   mortgage  banker,  licensed  student  loan servicer, registered mortgage   loan servicer,  licensed  mortgage  loan  originator,  licensed  lender,   licensed  casher  of  checks,  licensed  sales finance company, licensed   insurance  premium  finance  agency,  licensed  transmitter  of   money,   licensed budget planner, out-of-state state bank that maintains a branch   or branches or representative or other offices in this state, or foreign   banking  corporation  licensed  by  the superintendent to do business in   this state is conducting business  in  an  unauthorized  or  unsafe  and   unsound  manner, he or she may, in his or her discretion, issue an order   directing the discontinuance of such unauthorized or unsafe and  unsound   practices,   and   fixing  a  time  and  place  at  which  such  banking   organization, bank holding company, registered mortgage broker, licensed   mortgage banker, licensed student  loan  servicer,  registered  mortgage   loan  servicer,  licensed  mortgage  loan  originator,  licensed lender,   licensed casher of checks,  licensed  sales  finance  company,  licensed   insurance   premium  finance  agency,  licensed  transmitter  of  money,   licensed budget planner, out-of-state state bank that maintains a branch   or branches or representative or other offices in this state, or foreign   banking corporation may voluntarily appear before him or her to  present   any explanation in defense of the practices directed in said order to be   discontinued.3.  To  make  good  impairment of capital or to ensure compliance with   financial requirements. Whenever it shall appear to  the  superintendent   that  the  capital  or  capital  stock of any banking organization, bank   holding company or any subsidiary thereof which is  organized,  licensed   or  registered  pursuant  to this chapter, is impaired, or the financial   requirements imposed by subdivision one of section two hundred two-b  of   this  chapter  or  any regulation of the superintendent on any branch or   agency of a foreign banking corporation or  the  financial  requirements   imposed  by  this chapter or any regulation of the superintendent on any   licensed lender, registered mortgage broker, licensed  mortgage  banker,   licensed  student  loan  servicer,  licensed  casher of checks, licensed   sales  finance  company,  licensed  insurance  premium  finance  agency,    licensed transmitter of money, licensed budget planner or private banker   are  not  satisfied,  the  superintendent  may,  in the superintendent's   discretion, issue an order directing  that  such  banking  organization,   bank holding company, branch or agency of a foreign banking corporation,   registered  mortgage  broker, licensed mortgage banker, licensed student   loan servicer, licensed lender,  licensed  casher  of  checks,  licensed   sales  finance  company,  licensed  insurance  premium  finance  agency,   licensed transmitter of  money,  licensed  budget  planner,  or  private   banker make good such deficiency forthwith or within a time specified in   such order.4. To make good encroachments on reserves. Whenever it shall appear to   the superintendent that either the total reserves or reserves on hand of   any  banking  organization,  branch  or  agency  of  a  foreign  banking   corporation are below the amount required by or pursuant to this chapter   or any other applicable provision of law or regulation to be maintained,   or that such banking organization, branch or agency of a foreign banking   corporation is not keeping its reserves on  hand  as  required  by  this   chapter  or  any  other applicable provision of law or regulation, he or   she may, in his or her discretion, issue an order  directing  that  such   banking  organization, branch or agency of a foreign banking corporation   make good such reserves forthwith or within a  time  specified  in  such   order, or that it keep its reserves on hand as required by this chapter.5.  To keep books and accounts as prescribed. Whenever it shall appear   to the  superintendent  that  any  banking  organization,  bank  holding   company,  registered mortgage broker, licensed mortgage banker, licensed   student loan  servicer,  registered  mortgage  loan  servicer,  licensed   mortgage  loan  originator,  licensed lender, licensed casher of checks,   licensed sales  finance  company,  licensed  insurance  premium  finance   agency,  licensed  transmitter of money, licensed budget planner, agency   or  branch  of  a  foreign   banking   corporation   licensed   by   the   superintendent to do business in this state, does not keep its books and   accounts in such manner as to enable him or her to readily ascertain its   true  condition, he or she may, in his or her discretion, issue an order   requiring such banking organization, bank  holding  company,  registered   mortgage   broker,  licensed  mortgage  banker,  licensed  student  loan   servicer, registered mortgage  loan  servicer,  licensed  mortgage  loan   originator,  licensed  lender, licensed casher of checks, licensed sales   finance company, licensed insurance  premium  finance  agency,  licensed   transmitter  of  money,  licensed  budget  planner,  or  foreign banking   corporation, or the officers or agents thereof, or any of them, to  open   and  keep  such  books  or  accounts  as  he  or  she may, in his or her   discretion, determine and prescribe for the purpose of keeping  accurate   and convenient records of its transactions and accounts.6. As used in this section, "bank holding company" shall have the same   meaning as that term is defined in section one hundred forty-one of this   chapter.