2023 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.