NY Banking L § 4002 (2021)
2021 New York Laws BNK - Banking Article 15 - General Provisions Applicable to Banking Stock Corporations, Limited Liability Investment Companies, and Limited Liability Trust Companies Title 4 - Formation of Corporations 4002 - Fingerprints.

§ 4002. Fingerprints. (a) Notwithstanding any other provisions of law, every  incorporator  of  a  corporation  shall, in addition to any other requirements  which  may  be  imposed  by  the  superintendent,   submit simultaneously with an application, his or her fingerprints in such form and  in  such  manner  as  specified by the division of criminal justice services, but in any event, no  less  than  two  digit  imprints.  Every applicant  filing  an  application  to  acquire  control  of any banking institution under sections one hundred  forty-three-a  and  one  hundred forty-three-b   of   this  chapter  shall,  in  addition  to  any  other requirements  which  may  be  imposed  by  the  superintendent,   submit simultaneously with an application, his or her fingerprints in such form and  in  such  manner  as  specified by the division of criminal justice services, but in any  event,  no  less  than  two  digit  imprints.  The superintendent shall submit the fingerprints to the division of criminal justice services for the purpose of conducting a criminal history search and  returning  a  report  thereon in accordance with the procedures and requirements established by the division pursuant to the  provisions  of article  thirty-five  of  the  executive  law,  which  shall include the payment of the prescribed  processing  fees.  The  superintendent  shall request that the division submit such fingerprints to the federal bureau of  investigation,  together with the processing fees prescribed by such bureau, for the purpose of conducting  a  criminal  history  search  and returning a report thereon.  (b) The superintendent shall also, concurrent with an investigation of an  incorporator  of  a  corporation  pertaining  to a violation of this chapter, submit such fingerprints to the division  of  criminal  justice services  for  the  purpose  of conducting a criminal history search and returning a report thereon and  through  the  division  to  the  federal bureau  of  investigation for the purpose of a fingerprint check of such incorporator.  (c) For purposes of  this  section,  "incorporator"  shall  include  a natural   person  or  such  principal,  officer,  director,  trustee  or stockholder  of  any  other  entity  as  may  be   designated   by   the superintendent.    Notwithstanding  any other provision of this article, the  superintendent  shall  not  access   criminal   history   data   or information,  unless  any  agency from which the superintendent receives directly criminal history data or information has entered into a use and dissemination agreement with  the  superintendent  consistent  with  the provisions of this section.  (d)  An  applicant  shall  not  be  required  to  submit  his  or  her fingerprints as required by subdivision (a)  of  this  section  if  such applicant (i) is already subject to regulation by the department and the applicant  has  submitted  such  fingerprints  to  the  department, such fingerprints have been submitted to the  division  of  criminal  justice services  for the purpose of conducting a criminal history search, and a report of such search has been received  by  the  department  from  such division;  or (ii) is subject to regulation by a federal bank regulatory agency and has submitted such fingerprints to such agency which has  had a  criminal  history  search conducted of such individual and has shared such information or its determination resulting from  such  search  with the  department;  or (iii) is an officer or stockholder of a corporation whose common or preferred stock is registered on a  national  securities exchange,  as  provided  in  an  act  of  congress  of the United States entitled the "Securities Exchange Act of  1934",  approved  June  sixth, nineteen  hundred  thirty-four,  as  amended,  or such other exchange or market system as the superintendent shall approve by regulation, and has submitted such fingerprints to such exchange or market system which  has had  a  criminal  history  search  conducted  of such individual and has  shared such information or its determination resulting from such  search with  the  department;  provided,  however,  that the superintendent may subsequently require such applicant to submit sets  of  fingerprints  if the  superintendent  has a reasonable basis for updating the information or determination resulting from  the  report  of  the  criminal  history search conducted at the request of such federal banking agency, exchange or market system.