reglab/statecodes huggingface dataset:
2023 New York Laws › BNK - Banking › Article 13-A - Licensees: Superintendent's Taking Possession: Conservation: Liquidation › 637 - Powers of Superintendent in Possession; Application for Receiver.

§ 637.   Powers  of  superintendent  in  possession;  application  for
  receiver. 1.  When  the  superintendent  has  taken  possession  of  the
  business  and  property  of  a licensee, he shall liquidate or otherwise
  deal with such business and property in accordance with  the  provisions
  of  article  thirteen  of  this  chapter  applicable  to the possession,
  liquidation and conservation of the business and property of  a  banking
  organization.
2.  Whenever  the  superintendent has taken possession of the business
  and property of a licensee, he may, in  his  discretion,  apply  to  the
  supreme  court  in  the  judicial  district  in  which  such  licensee's
  principal office is  located  for  the  appointment  of  a  receiver  to
  liquidate  or  otherwise  deal  with  the  affairs  of the licensee. Any
  receiver which accepts such appointment may act without  bond  or  other
  security  as  to  such  appointment  and shall have and possess, and may
  exercise, all the rights, powers and privileges provided by this article
  to the superintendent or by the laws of this state to the superintendent
  in his capacity as, or to any other, receiver or liquidator of a banking
  organization.
2023 New York Laws › BNK - Banking › Article 13-A - Licensees: Superintendent's Taking Possession: Conservation: Liquidation › 638 - Manner and Time Within Which Taking Possession May Be Tested.

§ 638.  Manner  and time within which taking possession may be tested.
  At  any  time  within  ten  days  after  the  superintendent  has  taken
  possession  of  the business and property of any licensee, such licensee
  may apply to the supreme court in the judicial  district  in  which  its
  principal  office  is located, for an order requiring the superintendent
  to show cause why  he  should  not  be  enjoined  from  continuing  such
  possession.   The   court   may,  upon  good  cause  shown,  direct  the
  superintendent to refrain from further proceedings and to surrender such
  possession.
2023 New York Laws › BNK - Banking › Article 13-A - Licensees: Superintendent's Taking Possession: Conservation: Liquidation › 639 - Severability.

§ 639.  Severability.  If  any  provision  of  this  article,  or  the
  application of such provision to any person  or  circumstance  shall  be
  held invalid, the remainder of this article, and the application of such
  provision  to  persons  or circumstances other than those to which it is
  held invalid, shall not be affected thereby.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 641 - License.

§ 641.  License.  1. No person shall engage in the business of selling
or issuing checks, or engage in the  business  of  receiving  money  for
transmission  or  transmitting  the  same,  without  a  license therefor
obtained from the superintendent as provided in this article, nor  shall
any  person engage in such business as an agent, except as an agent of a
licensee or as agent of a payee; provided, however, that nothing in this
article shall apply to a bank, trust company,  private  banker,  foreign
banking  corporation licensed pursuant to article two of this chapter or
foreign  banking  company  authorized  to  operate   pursuant   to   the
International  Banking  Act  of  1978 (12 USC 3101 et seq.), as amended,
savings bank, savings and loan association,  an  investment  company,  a
national   banking   association,   federal  reserve  bank,  corporation
organized under the provisions of section twenty-five-a  of  an  act  of
congress  entitled  the  "Federal  Reserve  Act",  federal savings bank,
federal savings and loan association or state or federal credit union.
2. Application for a license required under this article shall  be  in
writing,  under  oath, and in the form prescribed by the superintendent,
and shall contain the following:
(a) The exact name of the applicant and, if incorporated, the date  of
incorporation and the state where incorporated.
(b)  The  complete  address  of  the  principal  office from which the
business is to be conducted, and where the  books  and  records  of  the
applicant  are  maintained  and to be maintained, showing the street and
number, if any, and the municipality and county;
(c) If the  applicant  has  one  or  more  branches,  subsidiaries  or
affiliates  engaging in this state in the business of selling or issuing
checks, or of receiving money for transmission or transmitting the same,
the complete name and address of each;
(d) The name and residence address of the applicant, if an  individual
or,  if  a  partnership,  of  its  partners  or,  if  a  corporation  or
association, of the directors, trustees and principal officers  thereof,
and  of any stockholder owning twenty per centum or more of any class of
its stock; and
(e)  Such  other  pertinent  information  as  the  superintendent  may
require.
3.  Application for a license shall be accompanied by an investigation
fee as prescribed pursuant to section eighteen-a of this chapter,  which
shall not be refunded.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 645 - Assignment of Claims to Superintendent.

§ 645.  Assignment of claims to superintendent. At the written request
  of any claimant or creditor of the licensee whose claim is  based  on  a
  transaction,  in  this state, for the sale or issuance of a check or the
  receipt of money for transmission or transmission of the same, under the
  provisions of this article, the superintendent may, in  his  discretion,
  take  an  assignment  of  such  claim  in  trust  for the benefit of the
  assigning claimant or creditor and may bring any legal action  necessary
  to  collect such claim. Two or more such claims against the licensee may
  be combined in one such action.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 647 - Judicial Review.

§ 647.  Judicial  review.  The  refusal  by  the  superintendent of an
  original license, in the case of an applicant which,  prior  to  January
  first,  nineteen  hundred  sixty-three, and upon the date of filing such
  application, has lawfully been engaged in this state in the business  of
  selling  or  issuing  checks  or  of receiving money for transmission or
  transmitting the same, and in all cases the suspension or revocation  of
  any  license  by the superintendent, shall be subject to judicial review
  in the manner in such cases made and provided by law.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 648 - Agents.

§ 648.  Agents.  A  licensee  may  conduct its business at one or more
locations within this state, as follows:
(a) The business may be conducted through or by means of agents as the
licensee may from time to time designate or appoint and,  in  no  event,
shall  the  business  of  money  transmission  be  conducted  through  a
subagent.
(b) No license under this article shall be required of any agent of  a
licensee  in cases in which such agent is acting on behalf of a licensee
under, and in accordance with, an agency contract except as provided  in
subdivision (c) of this section.
(c)  An  agent,  other  than  a  person  expressly  excepted  from the
application of this article, who sells or delivers the licensee's checks
over-the-counter to the public shall not be exempt from licensing  under
this  article  if  such  agent  in the ordinary conduct of such business
receives or at any time has access to (1) the licensee's  checks  which,
having been paid, are returned through banking channels or otherwise for
verification or for reconciliation or accounting with respect thereto or
(2)  bank  statements  relating  to checks so returned. No license under
this article shall be required of  an  agent,  including  a  general  or
managing  agent, of a licensee who does not directly sell or deliver the
licensee's checks over-the-counter to the public.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 651 - Investments.

§ 651.  Investments.  Every  licensee  shall  at  all  times  maintain
  permissible  investments  having  (i)  a  market  value,   computed   in
  accordance with generally accepted accounting principles, at least equal
  to   the  aggregate  of  the  amount  of  all  its  outstanding  payment
  instruments and all its outstanding traveler's  checks  or  (ii)  a  net
  carrying   value,   computed   in  accordance  with  generally  accepted
  accounting principles, at least equal to the aggregate of the amount  of
  all   its  outstanding  payment  instruments  and  all  its  outstanding
  traveler's checks so long  as  the  market  value  of  such  permissible
  investments  is  at  least  eighty per centum of the net carrying value.
  Notwithstanding  the  foregoing  provisions   of   this   section,   the
  superintendent shall have the authority, for good cause shown, to exempt
  from the requirements of this section any licensee.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 651-A - Remittances.

§ 651-a.  Remittances. 1. Each agent of a licensee which sells any New
  York instruments or New York traveler's checks issued by  such  licensee
  shall, and each licensee shall so require each of its agents which sells
  any  New  York  instruments or New York traveler's checks issued by such
  licensee to report such sale and remit  the  face  amount  of  New  York
  instruments  and New York traveler's checks to such licensee within such
  period of time as the licensee requires within the normal course of  its
  business or as the superintendent, by rule or regulation, may prescribe.
  For  purposes  of  this  section, remittance shall include either direct
  payment of such funds to the licensee or the deposit of such funds in  a
  banking  organization,  national  bank,  federal  savings  bank, federal
  savings and  loan  association,  federal  credit  union,  or  a  banking
  institution  chartered under the laws of another state or country, in an
  account in the name of such licensee specifically  established  for  the
  purpose  of  receiving  such  funds.  Remittance  by  such agent to such
  licensee or deposit by such agent in such account or its  equivalent  of
  funds  in  advance of the sale of such New York instruments and New York
  traveler's checks, in an amount not less  than  the  amount  said  agent
  would  normally  receive from such sales of New York instruments and New
  York traveler's checks, shall be deemed compliance with  the  provisions
  of this section.
2. Every agent of a licensee shall remit all moneys owed such licensee
  in  accordance  with  the terms of the contract between the licensee and
  such agent. Any intentional or negligent failure of an  agent  to  remit
  all  moneys  due and owing the licensee within the time provided in such
  contract shall result in the agent's civil liability to the licensee for
  three times the licensee's damages. The  superintendent  may,  by  rule,
  establish the maximum period of time for remittance.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 651-B - Maintenance of Books and Records by Agents.

§ 651-b.  Maintenance  of  books  and records by agents. Each licensee
  shall require of each of its agents to  make  and  keep  such  accounts,
  correspondence,  memoranda,  papers,  books  and  other  records  as the
  superintendent by regulation or order requires. All records so  required
  shall  be preserved for the time specified by the regulation or order of
  the superintendent.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 652 - Severability.

§ 652.  Severability.  If  any  provision  of  this  article,  or  the
  application of such provision to any person or  circumstance,  shall  be
  held invalid, the remainder of this article, and the application of such
  provision  to  persons  or circumstances other than those to which it is
  held invalid, shall not be affected thereby.
2023 New York Laws › BNK - Banking › Article 13-B - Transmitters of Money › 652-B - Tying Arrangements.

§ 652-b.   Tying  arrangements.  1.  It  shall  be  unlawful  for  any
  transmitter of money or its  officers,  affiliates  or  subsidiaries  to
  enter  into  an  agreement with a check casher, licensed pursuant to the
  provisions of article nine-A of this chapter, whereby credit is extended
  to the check casher at the same time as, and on the condition that,  the
  transmitter  of  money  enters  into  an agreement with the check casher
  whereby the check casher will (1) sell only the New York instruments  or
  New  York  traveler's checks of the transmitter of money or (2) agree to
  the exclusive use of any of the other services  of  the  transmitter  of
  money.  This section shall not apply to the issuance by a transmitter of
  money  of  a  guarantee  of  any indebtedness of a check casher licensed
  pursuant to the provisions of article nine-A of this chapter.
2. For purposes of this section the term "transmitter of money"  means
  a  licensee,  as  such term is defined in subdivision two of section six
  hundred forty of this article, a bank, trust  company,  private  banker,
  savings  bank,  savings  and  loan  association,  credit  union, foreign
  banking corporation licensed pursuant to article five of  this  chapter,
  national  banking association, federal savings bank, federal savings and
  loan  association,  federal  credit  union,  foreign   banking   company
  authorized  to operate pursuant to the international banking act of 1978
  (12 USC 3101 et seq.), as amended,  and  an  investment  company,  which
  either  directly  or through agents transacts the business in this state
  of selling or issuing  New  York  instruments  or  New  York  traveler's
  checks.
For purposes of this section the terms "New York instruments" and "New
  York  traveler's  checks"  shall  have  the  meaning ascribed to them by
  section six hundred fifty-three of this chapter.
2023 New York Laws › BNK - Banking › Article 13-C - State Transmitter of Money Insurance Fund › 654 - Purpose of the Fund.

§ 654. Purpose of the fund. There is hereby created a fund to be known
  as  the  "state transmitter of money insurance fund". The purpose of the
  fund  shall  be  to  insure  the  New  York  instruments  of   uninsured
  transmitters  of  money  which,  by  reason of insolvency, bankruptcy or
  other inability to pay, have defaulted in making payment  on  their  New
  York  instruments,  whether  such default has occurred prior to or after
  the effective date of this act.
2023 New York Laws › BNK - Banking › Article 13-C - State Transmitter of Money Insurance Fund › 655 - Maximum Amount of Insurance.

§ 655.  Maximum  amount  of insurance. 1. Subject to the provisions of
  subdivisions two and three  of  this  section,  the  maximum  amount  of
  insurance  that any claimant shall be entitled to shall be determined by
  the superintendent after taking into account the amount of  claims,  the
  amount  of  the  fund,  including  the  authority  of  the  fund to make
  assessments pursuant to section six hundred fifty-seven of this article,
  and any claim for recovery which the fund would  have  pursuant  to  the
  provisions of section six hundred forty-three of this chapter.
2.  No  insurance shall be paid on any New York instrument payable for
  an amount in excess of one thousand dollars, other than those  New  York
  instruments issued for the purpose of paying utility bills.
3.  The  maximum  amount  of  insurance  which  any  claimant shall be
  entitled to shall be determined as follows:
a. If the claimant is a purchaser, the  maximum  amount  of  insurance
  which  such  purchaser  shall  be  entitled  to  on all insured New York
  instruments purchased by said purchaser shall be five thousand dollars.
b. If the claimant is a holder, the maximum amount of insurance  which
  such  holder  shall be entitled to shall be the aggregate of the amounts
  which would have been due to the purchasers  of  the  insured  New  York
  instruments  held  by  the  holder,  had the instruments remained in the
  possession of the purchasers, rather than the holder.
2023 New York Laws › BNK - Banking › Article 13-C - State Transmitter of Money Insurance Fund › 657 - Payments to the Fund.

§ 657.  Payments  to  the fund. In the event the fund has borrowed any
  monies from the property and liability insurance security fund  pursuant
  to  the  provisions  of section six hundred fifty-eight of this chapter,
  and has any debt outstanding thereto,  or  in  the  event  an  uninsured
  transmitter  of  money  is  declared,  or  declares itself, insolvent or
  defaults on its New York instruments, the fund shall levy an  assessment
  upon  each uninsured transmitter of money. The amount of such assessment
  shall be determined by the superintendent provided, however,  that  each
  uninsured  transmitter of money shall be assessed ratably, in proportion
  to the average of the dollar amounts of the New York instruments  issued
  by  such  uninsured  transmitter of money outstanding at the end of each
  calendar quarter for the calendar  year  preceding  that  in  which  the
  assessment  is  made,  and  provided,  further, that no such assessments
  shall be levied once the net value of the fund shall equal  such  amount
  as  the  superintendent shall have determined to be necessary to protect
  the interests of the purchasers and holders of New York instruments.  In
  making his determination, the superintendent shall consider the scope of
  the  risk  covered  by the fund, the expenses incurred or expected to be
  incurred by the fund, the amount of any loans and advances to the  fund,
  and the interest thereon.
In no event shall the total amount so assessed in any one year against
  any  uninsured  transmitter of money pursuant to this section exceed two
  per centum of the New York instruments of such uninsured transmitter  of
  money  which  were outstanding at the end of the calendar year preceding
  that in which such assessments  are  made  or  one  hundred  twenty-five
  thousand  dollars, whichever is less. The net value of the fund shall be
  determined by deducting from the value of the assets  of  the  fund  the
  aggregate  actual and estimated liabilities of the fund as determined by
  the superintendent.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 661 - Officer or Agent of Banking Corporation or a Private Banker Making Guaranty or Endorsement Beyond the Legal Limit.

§ 661.  Officer  or  agent  of banking corporation or a private banker
  making guaranty or endorsement beyond the legal  limit.  An  officer  or
  agent  of any banking corporation, or a private banker or his agent, who
  makes or  delivers  any  guaranty  or  indorsement  on  behalf  of  such
  corporation  or  private  banker,  whereby  such  corporation or private
  banker may become liable on any of its or his discounted notes, bills or
  obligations, in a sum beyond the amount of  loans  and  discounts  which
  such  corporation  or  private  banker  may legally make, is guilty of a
  misdemeanor.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 662 - Bank Officer or Employee Overdrawing His Account or Asking for or Receiving Commissions or Gratuities From Persons Procuring Loans or Making Overdraft

§ 662.  Bank officer or employee overdrawing his account or asking for
  or receiving commissions or gratuities from persons procuring  loans  or
  making  overdrafts  of  their  accounts.  Any  officer, director, agent,
  teller, clerk or employee of  any  bank,  banking  association,  savings
  bank, trust company or private banker, who:
1.   Knowingly   overdraws   his   account  with  such  bank,  banking
  association, savings bank, trust company or private banker, and  thereby
  obtains the money, notes or funds of any such bank, banking association,
  savings bank, trust company or private banker; or
2. Asks or receives, or consents or agrees to receive, any commission,
  emolument,  gratuity  or  reward,  or  any  promise  of  any commission,
  emolument, gratuity or reward, or any money, property or thing of  value
  or  of  personal  advantage, for procuring or endeavoring to procure for
  any person, firm or corporation, any  loan  from,  or  the  purchase  or
  discount  of  any  paper, note, draft, check or bill of exchange, by any
  such bank, banking association, savings bank, trust company  or  private
  banker,  or  for  permitting any person, firm or corporation to overdraw
  any account with such bank, banking  association,  savings  bank,  trust
  company or private banker,
Is guilty of a misdemeanor.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 663 - Receiving Deposits in Insolvent Bank.

§ 663. Receiving deposits in insolvent bank. An officer, agent, teller
  or  clerk  of  any  bank, banking association or savings bank, and every
  private banker or his agent and any teller or clerk of a private  banker
  or  any  officer, agent or clerk of any corporation transacting any part
  of the business which a banking corporation  is  authorized  by  law  to
  transact who receives any deposit, knowing that such bank or association
  or  banker  or  corporation is insolvent, is guilty of a misdemeanor, if
  the amount or value of such deposit be less than twenty-five dollars; if
  the amount or value of such deposit be twenty-five dollars or over, such
  person shall be guilty of a felony.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 664 - Unlawful Investments by Officers of Mutual Savings Banks.

§ 664.  Unlawful investments by officers of mutual savings banks.  Any
  officer or trustee of a mutual savings bank authorizing  or  making  any
  investment of the funds of the bank in securities not authorized by law,
  is guilty of a misdemeanor.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 665 - Misconduct by Directors of Banking Corporations.

§ 665. Misconduct by directors of banking corporations. Every director
  of a banking corporation who:
1.  In  case  of  the fraudulent insolvency of such corporation, shall
  have participated in such fraud; or
2. Wilfully does any act as such director which is expressly forbidden
  by statute, or wilfully omits to perform any duty imposed  upon  him  as
  such director by statute,
Is  guilty  of  a  misdemeanor,  if  no other punishment is prescribed
  therefor by law.
The insolvency of a banking corporation is  deemed  fraudulent  unless
  its  affairs appear upon investigation to have been administered fairly,
  legally and with the same care and diligence  that  agents  receiving  a
  compensation for their services are bound, by law, to observe.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 666-A - Loans to Be Guaranteed by New York State Higher Education Assistance Corporation.

§ 666-a.  Loans  to  be  guaranteed by New York state higher education
  assistance corporation. It shall be unlawful for any banking corporation
  or private banker authorized to carry on the business of  banking  under
  the laws of this state to require that a person making application for a
  loan  to be guaranteed by the New York state higher education assistance
  corporation be a depositor with the bank  prior  to  the  time  of  such
  application.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 668 - Use of Checks With Certain Photographs or Drawings Reproduced Thereon Prohibited.

§ 668.  Use  of checks with certain photographs or drawings reproduced
  thereon prohibited. It  shall  be  unlawful  for  any  person,  firm  or
  corporation  to  use  any  bank  check in this state that has printed or
  embossed thereon a photograph, drawing  or  other  reproduction  of  any
  public building of the United States or of this or any other state or of
  any municipality, or the shield, coat of arms, flag or other insignia of
  the  United  States  or  of  this  or  any  other state or municipality.
  Violation  of  the  provisions  of  this  section  shall  constitute   a
  misdemeanor.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 669 - Unauthorized Use of the Term "Bank" or "Trust company."

§ 669.  Unauthorized  use  of  the term "bank" or "trust company." Any
  person not authorized by the superintendent of financial services, who:
1. Uses an office sign at the place where his business is  transacted,
  having  thereon  any  artificial  or  corporate  name,  or  other  words
  indicating that such place or office is the place or office of a bank or
  trust company; or,
2. Uses or circulates any letter-heads, bill-heads, blank notes, blank
  receipts, certificates,  circulars  or  any  written  or  printed  paper
  whatever, having thereon any artificial or corporate name, or other word
  or  words  indicating  that  such  business is the business of a bank or
  trust company.
Is guilty of a misdemeanor; provided, however, that  nothing  in  this
  section shall be deemed to prevent a bank holding company from using any
  corporate  name  it  is  duly authorized to use under subdivision (b) of
  section three hundred two of the business corporation law.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 671 - False Statements or Rumors as to Banking Institutions.

§ 671.  False  statements  or  rumors as to banking institutions.  Any
  person who wilfully and knowingly  makes,  circulates  or  transmits  to
  another or others any statement or rumor, written, printed or by word of
  mouth,  which  is  untrue  in  fact  and  is  directly  or  by inference
  derogatory to  the  financial  condition  or  effects  the  solvency  or
  financial  standing  of  any bank, private banker, savings bank, banking
  association, building  and  loan  association  or  trust  company  doing
  business  in  this  state,  or who knowingly counsels, aids, procures or
  induces another to start, transmit or circulate any  such  statement  or
  rumor, is guilty of a misdemeanor.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 672 - Falsification of Books, Reports or Statements of Private Bankers or Corporations Subject to the Banking Law.

§ 672.  Falsification  of  books,  reports  or  statements  of private
  bankers or corporations subject to the  banking  law.  1.  Any  officer,
  director,  trustee,  employee  or  agent of any corporation to which the
  banking law is applicable who makes a false entry in any book, report or
  statement of such  corporation  with  intent  to  deceive  any  officer,
  director or trustee thereof, or any agent or examiner lawfully appointed
  to  examine into its condition or into any of its affairs, or any public
  officer, office or board to which such corporation is required by law to
  report, or which has authority by law to examine into its  condition  or
  into  any  of  its  affairs, or who, with like intent, wilfully omits to
  make a true entry of any material particular pertaining to the  business
  of such corporation in any book, report or statement of such corporation
  made, written or kept by him under his direction, is guilty of a felony.
2.  Any  employee or agent of a private banker who makes a false entry
  in any book, report or statement of such private banker with  intent  to
  deceive such private banker, or any agent or examiner lawfully appointed
  to  examine into the condition or affairs of such private banker, or any
  public officer, office or board to which such private banker is required
  by law to report, or which has authority by  law  to  examine  into  the
  condition  of  such  private  banker or into any of its affairs, or who,
  with like intent, wilfully omits to make a true entry  of  any  material
  particular  pertaining  to  the  business  of such private banker in any
  book, report or statement made, written or kept by such  private  banker
  or under his direction is guilty of a felony.
3.  Any  private  banker  who  commits  any  act  made  punishable  by
  subdivision two, or who wilfully omits to make the true  entry  required
  thereby,  with  intent  to  deceive  his  co-partner  or any such agent,
  examiner, public officer, office or board is guilty of a felony.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 673 - Abstraction or Misappropriation of Money, Funds or Property, or Misapplication of Credit of Private Bankers or Corporations to Which the Banking Law I

§ 673. Abstraction or misappropriation of money, funds or property, or
  misapplication of credit of private bankers or corporations to which the
  banking law is applicable, by an officer, director, trustee, employee or
  agent thereof.  Any officer, director, trustee, employee or agent of any
  corporation  to  which the banking law is applicable, or any employee or
  agent of any private banker, who abstracts or wilfully misapplies any of
  the money, funds or property of such corporation or private  banker,  or
  wilfully misapplies its or his credit, is guilty of a felony. Nothing in
  this section shall be deemed or construed to repeal, amend or impair any
  existing provision of law prescribing a punishment for any such offense.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 674 - Presumption of Knowledge of Corporate Condition and Business and of Assent Thereto by Directors; Definitions.

§ 674.  Presumption  of  knowledge of corporate condition and business
  and of assent thereto by directors; definitions. It is no defense  to  a
  prosecution  for a violation of the provisions of this article, that the
  corporation is a foreign corporation, if it carries on business or keeps
  an office therefor in this state.
The term "director" as used  in  this  article  includes  any  of  the
  persons  having, by law, the direction or management of the affairs of a
  corporation, by whatever name described.
A director of a corporation or joint-stock association  is  deemed  to
  have  such  a knowledge of the affairs of the corporation or association
  as to enable him to determine whether any act, proceeding or omission of
  its directors is a violation of this article. If present at a meeting of
  the directors at which any act, proceeding or omission of such directors
  in violation of this article occurs, he must be deemed to have concurred
  therein, unless he at the time causes or in writing requires his dissent
  therefrom to be entered on the minutes of the directors. If absent  from
  such meeting, he must be deemed to have concurred in any such violation,
  if the facts constituting such violation appear on the record or minutes
  of  the proceedings of the board of directors, and he remains a director
  of the corporation for six  months  thereafter  without  causing  or  in
  writing  requiring his dissent from such violation to be entered on such
  record or minutes.
2023 New York Laws › BNK - Banking › Article 13-D - Misconduct Relating to Banking Organizations › 674-A - Unlawful Undertakings.

§ 674-a.  Unlawful undertakings. 1. Every undertaking, whether written
  or oral, express or implied, constituting or  contained  in  a  contract
  heretofore  or hereafter entered into, directly or indirectly, between a
  banking   organization,   bank   holding   company,   national   banking
  association,  federal  savings  and  loan association or foreign banking
  corporation and the owner of an interest in real property located in the
  state,  which  bars  such  owner  from  leasing,  selling  or  otherwise
  disposing  of  any  interest  in  real  property  to  any  other banking
  organization,  bank  holding  company,  national  banking   association,
  federal  savings  and  loan  association  or foreign banking corporation
  shall be null and void.
2. Any banking organization, bank holding  company,  national  banking
  association,  federal  savings  and  loan  association,  foreign banking
  corporation or any other entity or person injured  in  his  business  or
  property  by  reason  of  an  undertaking which violates subdivision one
  hereof may sue on account thereof and be entitled to recover three times
  the amount of the damages sustained, and the  cost  of  suit,  including
  reasonable attorneys' fees.
3.  If  any  provision  of  this  section,  or the application of such
  provision to any individual, company  or  circumstance,  shall  be  held
  invalid,  the  remainder  of  this  section, and the application of such
  section to individuals, companies or circumstances other than  those  to
  which it is held invalid, shall not be affected thereby.
2023 New York Laws › BNK - Banking › Article 13-E - Joint Deposits and Shares; Unauthorized Withdrawals; Withdrawals From Decedents' Accounts › 676 - Unauthorized Withdrawals From Savings or Time Deposit Accounts.

§ 676. Unauthorized withdrawals from savings or time deposit accounts.
  Any  withdrawal  of  moneys  from  any  savings  account or time deposit
  account maintained in any banking  organization,  branch  of  a  foreign
  banking corporation, national bank, federal savings and loan association
  or  federal credit union located in this state which is made by means of
  an unauthorized signature is wholly inoperative as to the  person  whose
  name  is  signed  unless  such  person  has  authorized or ratified such
  withdrawal or is precluded from denying such withdrawal because  he  has
  received  a portion of the funds withdrawn, provided that in such latter
  event he shall be precluded  from  denying  such  withdrawal  only  with
  respect  to  the  funds  so  received;  provided,  however,  that such a
  signature shall operate as the signature of the unauthorized  signer  in
  favor  of  any  such  banking  organization, branch of a foreign banking
  corporation, national bank, federal  savings  and  loan  association  or
  federal  credit union which has, in good faith, honored such withdrawal.
  No such banking organization, branch of a foreign  banking  corporation,
  national  bank,  federal  savings and loan association or federal credit
  union shall interpose the defense,  in  an  action  for  recovery  by  a
  depositor  of  money  paid  upon  an unauthorized signature, that it has
  exercised due care and diligence in ascertaining  the  identity  of  the
  person to whom it has paid such money. The term "unauthorized signature"
  shall  have  the meaning ascribed to it by section 1--201 of the uniform
  commercial code and the term  "savings  account"  shall  include  shares
  issued  by a savings and loan association, state or federally chartered,
  and by a credit union, state or federally chartered.
Any  waiver  of  the  provisions  of  this  section  or  any  contrary
  agreement,  by-law,  rule  or  regulation  of  any banking organization,
  branch of a foreign banking corporation, national bank, federal  savings
  and loan association or federal credit union located in this state shall
  be void as against public policy and wholly unenforceable.
2023 New York Laws › BNK - Banking › Article 13-E - Joint Deposits and Shares; Unauthorized Withdrawals; Withdrawals From Decedents' Accounts › 677 - Decedents' Accounts, Withdrawals by Authorized Persons.

§ 677.  Decedents' accounts, withdrawals by authorized persons. 1. The
  maximum withdrawal permissible by law for purposes of this section shall
  be the  amount  permitted  to  be  paid,  without  the  consent  of  the
  commissioner  of  taxation  and  finance,  under  rules  or  regulations
  promulgated  by  such  commissioner  pursuant  to  section  one  hundred
  seventy-one of the tax law.
3.  Notwithstanding  the foregoing, no banking organization or foreign
  banking corporation shall be required to make any  payment  pursuant  to
  this  section  if  (a) it has notice of an adverse claim with respect to
  any such savings or time deposits or shares standing on its books to the
  credit of the decedent, or (b) there is in effect an  order,  injunction
  or  other  appropriate  process  of  a  court  of competent jurisdiction
  restraining such payment, or (c) it has notice that such  payment  would
  violate  the  terms  of  a legal and valid trust, or (d) such payment is
  inconsistent with any federal laws or regulations.
4. Such payments  as  any  banking  organization  or  foreign  banking
  corporation  is  required  to  make  pursuant to this section shall be a
  valid and sufficient release and discharge to such banking  organization
  or foreign banking corporation for any payment so made.
2023 New York Laws › BNK - Banking › Article 13-E - Joint Deposits and Shares; Unauthorized Withdrawals; Withdrawals From Decedents' Accounts › 679 - Public Awareness; Banking Services.

§  679.  Public  awareness; banking services. The superintendent shall
  conduct a public awareness campaign to educate  consumers  on  different
  banking  services  available  in  the state, particularly those that can
  assist vulnerable adults  in  financial  planning,  including,  but  not
  limited  to,  citizens of an advanced age, individuals with cognitive or
  developmental disabilities, or those who have health or physical  issues
  that  impair their financial independence. The public awareness campaign
  shall include information regarding the  differences  between  types  of
  accounts,  including  joint  and  convenience  accounts,  as well as the
  rights and responsibilities generally recognized for  each.  The  public
  awareness campaign shall also include, but not be limited to, answers to
  general concerns and questions that individuals may have with respect to
  the  establishment of certain types of accounts and services, as well as
  information and recommendations for obtaining more information.
2023 New York Laws › BNK - Banking › Article 14 - Laws Repealed; Construction; When to Take Effect. › 701 - Construction.

§ 701. Construction. The provisions of this chapter shall be construed
  as  a  continuation  of  the  provisions  of  chapter ten of the laws of
  nineteen hundred nine, as amended, modified or amended according to  the
  language employed, and not as a new enactment.
2023 New York Laws › BNK - Banking › Article 14 - Laws Repealed; Construction; When to Take Effect. › 702 - When to Take Effect.

§ 702.  When  to  take effect. This act, except the repeal of chapters
  three hundred forty-eight of the laws of nineteen hundred ten and  three
  hundred  ninety-three of the laws of nineteen hundred eleven, shall take
  effect immediately; and the repeal of chapters three hundred forty-eight
  of the laws of nineteen hundred ten and three  hundred  ninety-three  of
  the  laws  of  nineteen  hundred  eleven,  shall take effect on November
  first, nineteen hundred fourteen.
2023 New York Laws › BNK - Banking › Article 14-A - Student Loan Servicers › 711 - Licensing.

§  711.  Licensing.  1. Except as provided in subdivisions two, three,
  and four of this section, no person shall  engage  in  the  business  of
  servicing  student  loans owed by one or more borrowers residing in this
  state without first being licensed by the superintendent  as  a  student
  loan  servicer  in  accordance with this article and such regulations as
  may be prescribed by the superintendent.
2. The licensing provisions of this article shall  not  apply  to  any
  exempt  organization  that  is  a  student  loan servicer; provided that
  unless preempted by federal law such exempt  organization  notifies  the
  superintendent  that  it  is  servicing  student loans in this state and
  complies with sections seven hundred seventeen, seven hundred  nineteen,
  seven  hundred  twenty-one, seven hundred twenty-three and seven hundred
  twenty-five of this article and any  regulation  applicable  to  student
  loan servicers promulgated by the superintendent.
3.  Any person that services federal student loans owed by one or more
  borrowers residing in  this  state  shall  be  automatically  deemed  by
  operation  of  law  to  have  been  issued  a license to service federal
  student loans by the superintendent as  of  April  first,  two  thousand
  nineteen.  Such  person  shall  notify  the  superintendent  that  it is
  servicing federal student loans in this state and comply  with  sections
  seven   hundred   seventeen,   seven  hundred  nineteen,  seven  hundred
  twenty-one, seven hundred twenty-two,  seven  hundred  twenty-three  and
  seven  hundred twenty-five of this article and any regulation applicable
  to  student  loan  servicers  promulgated  by  the  superintendent.  The
  provisions of sections thirty-three, thirty-nine, and forty-four of this
  chapter  shall  also  apply  to  such  person. The license automatically
  issued pursuant to this section shall only authorize  the  servicing  of
  federal student loans. A person that services both federal student loans
  and  non-federal student loans shall be required to be licensed pursuant
  to subdivision one of this section and sections seven hundred twelve and
  seven hundred thirteen of this article in  order  to  be  authorized  to
  service  non-federal  student loans unless such person is also an exempt
  organization.
4. A person, other than an exempt organization, that services  federal
  student  loans  owed by one or more borrowers residing in this state and
  that is not otherwise required to be licensed under this  section  shall
  notify  the superintendent that it is servicing federal student loans in
  this state and shall comply with sections seven hundred seventeen, seven
  hundred nineteen, seven hundred twenty-one,  seven  hundred  twenty-two,
  seven  hundred  twenty-three,  and  seven  hundred  twenty-five  of this
  article  and  any  regulations  applicable  to  student  loan  servicers
  promulgated by the superintendent.
2023 New York Laws › BNK - Banking › Article 14-A - Student Loan Servicers › 712 - Application for a Student Loan Servicer License; Fees.

§  712.  Application for a student loan servicer license; fees. 1. The
application for a license to engage in the business of servicing student
loans shall be in writing, under oath, and in the form prescribed by the
superintendent. Notwithstanding article three of  the  state  technology
law  or  any  other  law to the contrary, the superintendent may require
that an application for a license or any other submission or application
for approval as may be required by this article be made or  executed  by
electronic means if he or she deems it necessary to ensure the efficient
and  effective  administration  of  this  article. The application shall
include a description of the activities of the applicant, in such detail
and for such periods as the superintendent may require; including:
(a) an affirmation of financial solvency  noting  such  capitalization
requirements  as  may  be  required by the superintendent, and access to
such credit as may be required by the superintendent;
(b) a financial statement prepared by a certified  public  accountant,
the  accuracy  of which is sworn to under oath before a notary public by
an officer or other representative of the applicant who is authorized to
execute such documents;
(c) an affirmation that  the  applicant,  or  its  members,  officers,
partners,  directors  and principals as may be appropriate, are at least
twenty-one years of age;
(d) information as to the character, fitness, financial  and  business
responsibility,  background  and  experiences  of  the applicant, or its
members,  officers,  partners,  directors  and  principals  as  may   be
appropriate;
(e)   any   additional   detail   or   information   required  by  the
superintendent.
2. An application to become a licensed student loan  servicer  or  any
application   with   respect   to  a  student  loan  servicer  shall  be
accomplished by a fee as prescribed pursuant to  section  eighteen-a  of
this chapter.
2023 New York Laws › BNK - Banking › Article 14-A - Student Loan Servicers › 713 - Application Process to Receive License to Engage in the Business of Student Loan Servicing.

§  713.  Application  process  to  receive  license  to  engage in the
business of student loan servicing. 1. Upon the filing of an application
for a license, if the  superintendent  shall  find  that  the  financial
responsibility,  experience,  character,  and  general  fitness  of  the
applicant and, if applicable, the members, officers, partners, directors
and principals of the applicant are such as to command the confidence of
the community and to warrant belief that the business will  be  operated
honestly,  fairly,  and  efficiently within the purpose of this article,
the superintendent shall thereupon  issue  a  license  in  duplicate  to
engage  in  the business of servicing student loans described in section
seven hundred ten of this article in accordance with the  provisions  of
this   article.   If   the   superintendent   shall  not  so  find,  the
superintendent shall not issue a license, and the  superintendent  shall
so notify the applicant. The superintendent shall transmit one copy of a
license  to  the  applicant  and  file  another  in  the  office  of the
department of financial  services.  Upon  receipt  of  such  license,  a
student  loan  servicer shall be authorized to engage in the business of
servicing student loans  in  accordance  with  the  provisions  of  this
article.  Such license shall remain in full force and effect until it is
surrendered by the servicer  or  revoked  or  suspended  as  hereinafter
provided.
2.  The  superintendent may refuse to issue a license pursuant to this
article if he or she shall find that the applicant, or any person who is
a director, officer, partner, agent, employee,  member,  or  substantial
stockholder of the applicant:
(a)  within  the  last ten years prior to the date of application, has
committed any act involving  dishonesty,  fraud,  deceit,  or  has  been
convicted of, or pleaded nolo contendere to, a crime directly related to
the  qualifications,  functions,  or duties related to servicing student
loans, provided that any criminal  conviction  be  evaluated  consistent
with article twenty-three-A of the correction law;
(b) has had a license or registration revoked by the superintendent or
any other regulator or jurisdiction;
(c)  has  been  an  officer,  director, partner, member or substantial
stockholder of an entity which has had a license or registration revoked
by the superintendent or any other regulator or jurisdiction; or
(d) has been an agent, employee, officer, director, partner or  member
of  an  entity  which  has  had a license or registration revoked by the
superintendent  where  such  person  shall  have  been  found   by   the
superintendent to bear responsibility in connection with the revocation.
3.  The term "substantial stockholder", as used in this section, shall
be deemed to refer  to  a  person  owning  or  controlling  directly  or
indirectly  ten  per  centum or more of the total outstanding stock of a
corporation.