reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 17 - AUTOMATED TELLER MACHINES ATM › Section 3:1-17.2 - On site location

Current through Register Vol. 56, No. 14, July 15, 2024
A bank, savings bank or savings and loan association may
				  establish, maintain, or operate an automated teller machine or machines on the
				  premises, or within 200 feet of the premises, or its principal office or any of
				  its branch or auxiliary offices, without filing a notice with the Department.
				  The 200 feet shall be measured from the portion of the property line of the
				  office or branch closest to the automated teller machine.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 17 - AUTOMATED TELLER MACHINES ATM › Section 3:1-17.3 - Off site location

Current through Register Vol. 56, No. 14, July 15, 2024
Before establishing an automated teller machine more than
				  200 feet from its premises, a bank, savings bank or savings and loan
				  association must file written notice to Commissioner containing the location of
				  the proposed automated teller machine.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 17 - AUTOMATED TELLER MACHINES ATM › Section 3:1-17.4 - Interstate transactions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A customer
				having an account in a foreign financial institution may make deposits to that
				account from an automated teller machine located in New Jersey.
(b) A foreign bank or foreign association
				that accepts applications for loans through an automated teller machine,
				automated loan machine, computer terminal or any other electronic device
				located in this State shall be deemed to be transacting business as that term
				is used in
				17:9A-316 and
				17:12B-214, in violation of those
				statutes, except that this section shall not apply to in-person contact over a
				telephone, nor to drawing on a pre-existing line of credit.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 18 - FOREIGN BANKS AND ASSOCIATIONS; REGISTRATION OF SERVICE FACILITIES › Section 3:1-18.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms shall have the following
				  meanings when used in this subchapter, unless the context clearly indicates
				  otherwise:
"Back office operation" shall mean the following
				  activities:
1. Data
				processing;
2.
				Recordkeeping;
3.
				Accounting;
4. Check and deposit
				sorting and posting;
5. Computation
				and posting of interest;
6.
				Clerical, computer, and statistical activities which are similar to the
				activities in paragraphs 1 through 5 above;
7. Producing and mailing correspondence and
				other documents;
8. Maintaining
				credit balances; and
9. Such other
				similar activities that the Commissioner approves.
"Back office operation" shall not mean:
1. Making loans;
2. Making underwriting decisions;
				and
3. Accepting deposits.
"Department" shall mean the New Jersey Department of Banking
				  and Insurance.
"Foreign association" shall mean an association chartered by
				  the Federal government or another state which has no principal or branch
				  offices in this State.
"Foreign bank" shall have the meaning which that term has in
				  17:9A-1.
"Foreign financial institution" shall include a foreign bank
				  and a foreign association.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 18 - FOREIGN BANKS AND ASSOCIATIONS; REGISTRATION OF SERVICE FACILITIES › Section 3:1-18.2 - Registration requirement

Current through Register Vol. 56, No. 14, July 15, 2024
Prior to engaging in back office operations in this State, a
				  foreign financial institution shall register a service facility with the
				  Department.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 18 - FOREIGN BANKS AND ASSOCIATIONS; REGISTRATION OF SERVICE FACILITIES › Section 3:1-18.3 - Registration process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A foreign
				financial institution may request to register a service facility by submitting
				to the Department the following items:
1. A
				letter requesting registration of a service facility to conduct back office
				operations, which letter shall include the name of the foreign financial
				institution and the address of its principal United States office, the address
				of the proposed service facility, and the name and address of the foreign
				financial institution agent in this State for service of process; and
2. The required registration fee.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 18 - FOREIGN BANKS AND ASSOCIATIONS; REGISTRATION OF SERVICE FACILITIES › Section 3:1-18.4 - Registration fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A foreign
				financial institution shall submit a registration fee of $ 500.00 to the
				Department with its request to become registered, except if the initial
				registration of the service facility has occurred in the second year of the
				biennial period, the registration fee shall be $ 250.00.
(b) After becoming registered, a foreign
				financial institution which intends to continue operating a service facility in
				this State shall submit to the Department biennially a registration renewal fee
				of $ 500.00.
(c) The first biennial
				period shall end August 31, 1992.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 18 - FOREIGN BANKS AND ASSOCIATIONS; REGISTRATION OF SERVICE FACILITIES › Section 3:1-18.5 - Notification of registration or deficiency by the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall, within 30 days of receipt of the materials specified in
				3:1-18.3, notify the foreign
				financial institution that the service facility is registered by the Department
				or, in the event the request for registration is incomplete, the Department
				shall, within 30 days of receipt of the incomplete request, notify the foreign
				financial institution of the nature of the deficiency.
(b) The registration of the service facility
				shall not become effective until the foreign financial institution has received
				notification from the Department, except that, if the foreign financial
				institution has not received notification of registration from the Department
				within 30 days of the Department's receipt of all of the materials specified in
				3:1-18.3, or notification of
				deficiency within 30 days of the Department's receipt of an incomplete request,
				such request for registration shall be deemed to have been granted by the
				Department.
(c) Nothing in this
				rule shall prohibit a foreign financial institution from purchasing or leasing
				office space in this State for use as a service facility, or from preparing
				such office space for use as a service facility prior to notification of
				registration by the Department.
(d)
				A foreign financial institution may register more than one service facility,
				but shall submit a separate request for registration, with the required fee,
				for each service facility and shall receive notification of that registration
				prior to engaging in back office operations at that service facility.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 18 - FOREIGN BANKS AND ASSOCIATIONS; REGISTRATION OF SERVICE FACILITIES › Section 3:1-18.6 - Permitted activities at service facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A foreign bank
				or foreign association may conduct only back office operations at a service
				facility.
(b) Back office
				operations conducted by foreign financial institutions in this State may be
				conducted only at service facilities.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 18 - FOREIGN BANKS AND ASSOCIATIONS; REGISTRATION OF SERVICE FACILITIES › Section 3:1-18.7 - Examination of service facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A service
				facility shall be subject to examination by the Department to determine whether
				the foreign financial institution is operating the service facility in
				accordance with State law.
(b) The
				cost for the examination of a service facility shall be paid by the foreign
				financial institution and shall be billed at the Department's per diem rate
				(see: 3:1-6.6 ).
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 18 - FOREIGN BANKS AND ASSOCIATIONS; REGISTRATION OF SERVICE FACILITIES › Section 3:1-18.8 - Hearing to close service facilities

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner may, upon notice and a hearing, order a
				  foreign financial institution to close a service facility operated in violation
				  of law. Such hearing shall be conducted in accordance with the Administrative
				  Procedure Act,
				  52:14B-1 et seq., and the Uniform
				  Administrative Rules of Practice, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 19 - NEW JERSEY CONSUMER CHECKING ACCOUNTS › Section 3:1-19.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Account agreement" means the agreement governing a New
				  Jersey Consumer Checking Account.
"ATM" means automated teller machine.
"Check" means any check as defined in
				  12A:3-104, share draft,
				  negotiable order of withdrawal, or similar means of making payment or transfers
				  to third parties, the customer, or others, which is drawn on an account in a
				  depository institution and is payable on demand. It shall not include debits to
				  the account for maintenance charges, fees, printing checks, pre-arranged
				  automatic withdrawals, and other similar services.
"Consumer" means a natural person who resides in this State,
				  except that a credit union may require that the natural person be a member of
				  the credit union in accordance with the credit union's rules of
				  membership.
"Customer" means a consumer who has a New Jersey Consumer
				  Checking Account.
"New Jersey Consumer Checking Account" or "account" means a
				  deposit account established pursuant to
				  17:16N-3 and with respect to which
				  the account holder is permitted to make payments to third parties or others by
				  check.
"Non-conforming account" means a New Jersey Consumer Checking
				  Account which does not contain the characteristics set forth in
				  3:1-19.2 but has been individually
				  approved by the Commissioner pursuant to
				  3:1-19.3.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 19 - NEW JERSEY CONSUMER CHECKING ACCOUNTS › Section 3:1-19.2 - Features of New Jersey Consumer Checking Accounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A New Jersey
				Consumer Checking Account which is subject to subsection c of
				17:16N-3 shall have all of the
				following features:
1. The account agreement
				shall not require more than $ 50.00 as an initial deposit amount;
2. The account agreement shall not require
				the customer to maintain a minimum balance of more than $ 1.00 in order to
				maintain the account;
3. The
				account agreement shall allow the customer to make at least eight withdrawals
				by check per periodic cycle from the account without charge. For the purpose of
				this paragraph, the withdrawal shall be deemed made when paid by the depository
				institution. This minimum number of withdrawals is based on the assumption that
				the periodic cycle is approximately 30 days. If the periodic cycle is
				substantially longer or shorter than 30 days, the minimum number shall be
				adjusted accordingly;
4. The
				account agreement shall not authorize a charge exceeding $ 0.50 for each
				transaction in excess of the number required by (a)3 above;
5. The account agreement shall allow a
				customer, of a depository institution which permits withdrawals to be made from
				checking accounts by means of withdrawal slips, to make unlimited withdrawals
				by withdrawal slip from the account without charge;
6. The account agreement shall allow a
				customer to make unlimited deposits into the account without charge;
7. The account agreement shall not authorize
				a charge for maintaining the account which exceeds $ 3.00 per periodic cycle.
				Also, the maximum amount of the charge is based on the assumption that the
				periodic cycle is approximately 30 days. If the periodic cycle is substantially
				longer or shorter than 30 days, the maximum amount shall be adjusted
				accordingly;
8. The account
				agreement shall not authorize a charge to the customer for printing checks for
				the account which is more than its charge to its regular checking account
				holders for that service; and
9.
				The account agreement may provide that the depository institution may charge
				customers for ATM usage and for banking services not specified in this chapter
				if, and to the same degree that, it charges its regular checking account
				holders for that usage and services.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 19 - NEW JERSEY CONSUMER CHECKING ACCOUNTS › Section 3:1-19.3 - Alternative accounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A depository
				institution may apply to the Commissioner for approval of any account that does
				not conform to the criteria set forth in
				3:1-19.2 as a New Jersey Consumer
				Checking Account.
(b) Each
				application for approval of an alternative form of account shall provide:
1. The initial deposit amount necessary to
				open the account;
2. The minimum
				balance required to maintain the account;
3. The maximum number of checks that may be
				written per month without charge;
4. The maximum number of non-check
				withdrawals per month without charge;
5. The maximum maintenance charge per
				month;
6. The maximum number of
				deposits which may be made per month without charge;
7. The maximum per transaction charge per
				month for transactions in excess of those specified in (b)3, 4, and 6
				above;
8. The length of the
				periodic cycle of the account; and
9. Any other fees which will be charged the
				customer.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 19 - NEW JERSEY CONSUMER CHECKING ACCOUNTS › Section 3:1-19.4 - Closing New Jersey Consumer Checking Accounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A depository
				institution may refuse to open or may close a New Jersey Consumer Checking
				Account for the following reasons:
1. For
				fraudulent activity or overdrafts, or to protect the customers or employees of
				the depository institution from physical harm, under the same standards which
				it applies to holders of its regular checking accounts:
2. If the consumer has a regular checking
				account or another New Jersey Consumer Checking Account in that depository
				institution or in any other depository institution;
3. If the consumer makes an intentional
				material misrepresentation to the depository institution in connection with the
				account; or
4. If the fees and
				other revenue obtained from the account are less than the cost to the
				depository institution to provide the account, provided that the depository
				institution complies with the requirements of (b) through (d) below.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 19 - NEW JERSEY CONSUMER CHECKING ACCOUNTS › Section 3:1-19.5 - Consumer information requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A depository
				institution that is required by
				17:16N-3 to offer a New Jersey
				Consumer Checking Account shall provide reasonable in-person information and
				assistance to customers regarding New Jersey Consumer Checking Accounts
				generally, and related financial services.
(b) A depository institution that is required
				by 17:16N-3 to offer a New Jersey
				Consumer Checking Account shall post in a conspicuous place in the lobby of
				each office of the depository institution a sign and make printed material
				available in the public area which indicates that the office offers New Jersey
				Consumer Checking Accounts. The notice and printed material shall explain the
				significant features and limitations of such an account. A depository
				institution may identify its New Jersey Consumer Checking account by any name,
				provided that it also indicates conspicuously that the account is a "New Jersey
				Consumer Checking Account."
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 20 - REQUESTS FOR DISCLOSURE OF SOCIAL SECURITY NUMBERS › Section 3:1-20.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words, when used in this subchapter, shall
				  have the following meanings:
"Department" means the New Jersey Department of Banking and
				  Insurance.
"Individual" means a natural person.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 1 - GENERAL PROVISIONS › Subchapter 20 - REQUESTS FOR DISCLOSURE OF SOCIAL SECURITY NUMBERS › Section 3:1-20.2 - Requests for disclosure of social security numbers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may request that any individual subject to the licensing, permit, registration,
				reporting or filing requirements set forth in N.J.A.C. 3 submit his or her
				social security number to the Department. All such requests shall either
				include or be accompanied by a notice stating:
1. The purpose or purposes for which the
				Department intends to use the social security number;
2. That disclosure made pursuant to the
				request is either voluntary or mandatory; and
3. That the request is authorized by this
				section and by such other law as may be applicable.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 2 - ADVERTISING › Subchapter 1 - ADVERTISING BY FINANCIAL INSTITUTIONS › Section 3:2-1.1 - Authority, scope and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				is promulgated pursuant to the provisions of
				17:16H-1 et seq. This subchapter
				applies to financial institutions subject to supervision, regulation or
				licensing by the Department.
(b)
				Compliance with this subchapter and
				17:16H-1 et seq. shall be enforced
				by the Commissioner.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 2 - ADVERTISING › Subchapter 1 - ADVERTISING BY FINANCIAL INSTITUTIONS › Section 3:2-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Act" means
				  17:16H-1 et seq.
"Advertisement" means any announcement, statement, assertion
				  or representation which is placed before the public in a newspaper, magazine,
				  or other publication or in the form of a notice, circular, pamphlet, letter or
				  poster or over any radio or television station or in any other way.
"Commissioner" means the Commissioner of the Department of
				  Banking and Insurance.
"Department" means the New Jersey Department of Banking and
				  Insurance.
"Deposit account" means an account that is held by or offered
				  to a consumer, and includes time, demand, savings, and negotiable order of
				  withdrawal accounts.
"Disclaimer" means any statement in any advertisement which
				  affects, limits or in any way modifies the offer that is the subject of the
				  advertisement.
"Financial institution" means any bank, savings bank, state
				  association, credit union, residential mortgage lender, correspondent mortgage
				  lender, residential mortgage broker, residential mortgage loan originator,
				  consumer lender, or sales finance company, or any other institution,
				  corporation, partnership, or individual subject to supervision, regulation or
				  licensing by the Department.
"Lender" means the financial institution which makes the loan
				  or issues the loan commitment.
"Mortgage loan" means a loan made by a financial institution
				  to a natural person for a personal, family or household purpose, secured by a
				  mortgage constituting a lien upon real property on which there is erected or to
				  be erected a structure containing one to four dwelling units, a portion of
				  which may be used for nonresidential purposes, or upon a lease of the fee of
				  such real property, in the making of which the financial institution relies
				  primarily upon the value of the mortgaged property.
"Point" means an amount of money equal to one percent of the
				  principal amount of the loan.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 2 - ADVERTISING › Subchapter 1 - ADVERTISING BY FINANCIAL INSTITUTIONS › Section 3:2-1.3 - Required disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The advertising
				of maximum interest rates and yield on time and savings deposits shall comply
				with the requirements of the Federal Truth in Savings Law,
				12 U.S.C. §§
										4301 et seq., and Federal Reserve Regulation
				DD, 12 CFR 230.
(b) All
				advertisements of loan products shall comply with the requirements of the
				Federal Truth-in-Lending Law and Regulation Z,
				15 U.S.C.
				1601 et seq. and 12 CFR 226 et seq.,
				respectively, where applicable.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 2 - ADVERTISING › Subchapter 1 - ADVERTISING BY FINANCIAL INSTITUTIONS › Section 3:2-1.5 - Notification of possible violation; cease and desist order; grounds; content; hearing; service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If it appears
				to the Commissioner, based on his or her examination of the advertisement of a
				financial institution, that the financial institution is in violation of the
				Act or this chapter, the Commissioner may order such financial institution to
				show cause why an order directing the financial institution to cease and desist
				from using the advertisement in question should not be issued.
(b) The order to show cause shall be
				returnable in not less than 20 days from the date of service thereof. The order
				to show cause shall contain the following:
1.
				A statement that the financial institution may request a hearing pursuant to
				the Administrative Procedure Act;
2. A reference to the particular section of
				the statute or rule charged to have been violated;
3. A short and plain statement of the facts
				giving rise to the alleged statutory or rule violation.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 2 - ADVERTISING › Subchapter 1 - ADVERTISING BY FINANCIAL INSTITUTIONS › Section 3:2-1.6 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Upon notification of a request for a hearing by a financial
				  institution in response to an order to show cause issued pursuant to
				  3:2-1.5, the Commissioner shall
				  certify the matter as a contested case. An administrative hearing will then be
				  conducted pursuant to the Administrative Procedure Act,
				  52:14B-1 et seq., and the Uniform
				  Administrative Rules of Practice, N.J.A.C. 1:1-1 et seq.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 2 - ADVERTISING › Subchapter 1 - ADVERTISING BY FINANCIAL INSTITUTIONS › Section 3:2-1.7 - Continued violation of Act; penalty

Current through Register Vol. 56, No. 14, July 15, 2024
A financial institution which continues to violate the
				  provisions of
				  3:2-1.4 hereof after being ordered
				  by the Commissioner to cease such practices shall be subject to a penalty not
				  to exceed $ 500.00 for each violation.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 2 - ADVERTISING › Subchapter 1 - ADVERTISING BY FINANCIAL INSTITUTIONS › Section 3:2-1.9 - Administrative Procedure Act

Current through Register Vol. 56, No. 14, July 15, 2024
Except as otherwise provided in the Act and this subchapter,
				  the procedures followed by the Commissioner shall conform to the Administrative
				  Procedure Act,
				  52:14B-1 et seq.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 1 - MISSION AND ORGANIZATION › Section 3:3-1.1 - Mission statement of the Department

Current through Register Vol. 56, No. 14, July 15, 2024
The mission of the Department of Banking and Insurance is to
				  regulate the banking, insurance and real estate industries in a professional
				  and timely manner that protects and educates consumers and promotes the growth,
				  financial stability and efficiency of those industries.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 1 - MISSION AND ORGANIZATION › Section 3:3-1.2 - Organization of the Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				organization of the Division of Banking in theDepartment of Banking and
				Insurance appears below.
Data in
				  image
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 2 - CONFIDENTIAL RECORDS › Section 3:3-2.1 - Confidential records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Throughout the
				Department of Banking and Insurance, the following shall be deemed to be
				confidential and not government records pursuant to
				N.J.S.A.
				47:1A-1et seq.
1. Documents obtained or prepared incident to
				an examination or audit of a financial institution, its holding institution or
				its subsidiary and any examination or audit report;
2. Business plans and incorporators'
				financial statements filed in connection with a charter or license application,
				and all materials the Department receives or prepares incident to an
				application by a financial institution or other person to make a leeway or
				other investment;
3. Complaint
				files maintained by the Department;
4. Memoranda or other correspondence between
				the Department and the Office of the Attorney General, and all memoranda within
				the Department concerning advice given by the Office of the Attorney
				General;
5. Documents obtained
				pursuant to an ongoing investigation by the Department of a financial
				institution or other person, when disclosure would be inimical to the public
				interest;
6. Memoranda of
				understanding between the Department and a financial institution;
7. Information regarding individual
				institutions obtained pursuant to surveys conducted by the
				Department;
8. Personnel or pension
				records of an individual employed by the Department, except that the following
				information shall not be deemed confidential:
i. An individual's name, title, position,
				salary, payroll record, length of service in the Department and in the
				government, date of separation from government service and the reason therefor,
				and the amount and type of pension he or she is receiving; and
ii. Data contained in information which
				discloses conformity with specific experimental, educational or medical
				qualifications required for government employment or for receipt of a public
				pension, but in no event shall detailed medical or psychological information be
				released;
9. Personnel
				or pension records of an employee, officer, director or other person affiliated
				with a financial institution, such as the residence address, residence
				telephone number, salary or social security number, when such information is
				contained in any report, filing or record held by the Department; and
10. Information provided to the Nationwide
				Mortgage Licensing System and Registry pursuant to the New Jersey Residential
				Mortgage Lending Act identifying an applicant's or licensee's social security
				number, home address, and home telephone number.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 2 - CONFIDENTIAL RECORDS › Section 3:3-2.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Independent auditor" means a certified public accountant or
				  other person approved by the Commissioner of Banking and Insurance who is
				  retained by the depository institution pursuant to
				  12 U.S.C.
				  1831 m(a) or
				  17:9A-253.
"Report of Examination" means documents obtained or prepared
				  incident to an examination or audit of a financial institution pursuant to
				  17:9A-260, its holding institution
				  or its subsidiary and any examination or audit report.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 2 - CONFIDENTIAL RECORDS › Section 3:3-2.3 - Release of Bank Examination Reports to independent auditors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Report of
				Examination shall be made available for inspection by an independent auditor
				retained by the depository institution in connection with the audit of the
				depository institution subject to the following conditions:
1. The independent auditor shall review the
				Report of Examination only on the premises of the institution and shall not
				make or retain any copies of such information; and
2. The independent auditor shall not disclose
				the confidential supervisory information for any purpose without the prior
				written approval of the Commissioner except as necessary to provide advice to
				the institution.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 3:3-3.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"ADA" means the Americans with Disabilities Act, 42 U.S.C.A.
				  § 12101 et seq.
"Agency" means the New Jersey Department of Banking and
				  Insurance.
"Designated decision maker" means the Commissioner of Banking
				  and Insurance or his or her designee.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 3:3-3.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are
				adopted by the agency in satisfaction of the requirements of the ADA and
				regulations promulgated pursuant thereto,
				28
				C.F.R. 35.107.
(b) The purpose of these rules is to
				establish a designated coordinator whose duties shall include assuring that the
				agency complies with and carries out its responsibilities under the ADA. Those
				duties shall also include the investigation of any complaint filed with the
				agency pursuant to
				3:3-3.5 through 3.8.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 3:3-3.4 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated
				coordinator of ADA compliance and complaint investigation for the agency
				is:
ADA Coordinator
Department of Banking and Insurance
20 West State Street
PO Box 040
Trenton, New Jersey 08625-0040
(b) All inquiries regarding the agency's
				compliance with the ADA and the availability of accommodation which would allow
				a qualified individual with a disability to receive services or participate in
				a program or activity provided by the agency should be directed to the
				designated coordinator identified in (a) above.
(c) All complaints alleging that the agency
				has failed to comply with or has acted in a way that is prohibited by the ADA
				should be directed to the designated ADA coordinator identified in this
				section, in accordance with the procedures set forth in
				3:3-3.5 through 3.8.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 3:3-3.5 - Complaint procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A complaint alleging that the agency has failed to comply
				  with the ADA or has acted in a way that is prohibited by the ADA shall be
				  submitted either in writing or orally to the designated ADA coordinator
				  identified in
				  3:3-3.4. A complaint alleging
				  employment discrimination will be processed pursuant to the rules of the
				  Department of Personnel,
				  4A:7-1.1 through 3.4, if those
				  rules are applicable.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 3:3-3.6 - Complaint contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A complaint
				submitted pursuant to this subchapter may be submitted in or on the form set
				forth at 3:3-3.7.
(b) A complaint submitted pursuant to this
				subchapter shall include the following information:
1. The name of the complainant, and/or any
				alternate contact person designated by the complainant to receive communication
				or provide information for the complainant;
2. The address and telephone number of the
				complainant or alternate contact person; and
3. A description of manner in which the ADA
				has not been complied with or has been violated, including times and locations
				of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 3:3-3.7 - Complaint form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a
				  complaint pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date: ...................
Name of grievant:
						  .........................................................
Address of grievant:
						  ......................................................
Telephone number of grievant:
						  .............................................
Disability of grievant:
						  ...................................................
Name, address and telephone number of alternate contact
						  person: ...........
...........................................................................
...........................................................................
Agency alleged to have denied access:
Department:
						  ...............................................................
Division:
						  .................................................................
Bureau or office:
						  .........................................................
Location:
						  .................................................................
Incident or barrier:
Please describe the particular way in which you believe
						  you have been denied the benefits of any service, program or activity or have
						  otherwise been subject to discrimination. Please specify dates, times and
						  places of incidents, and names and/or positions of agency employees involved,
						  if any, as well as names, addresses and telephone numbers of any witnesses to
						  any such incident. Attach additional pages if necessary
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access
						  may be had to the benefits described above, or that accommodation could be
						  provided to allow access.
...........................................................................
...........................................................................
...........................................................................
A copy of the above form may be obtained by contacting
						  the designated ADA coordinator identified at
						  3:3-3.4.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 3:3-3.8 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				a complaint submitted pursuant to this subchapter, the designated ADA
				coordinator will notify the complainant of the receipt of the complaint and the
				initiation of an investigation into the matter. The designated ADA coordinator
				will also indicate a date by which it is expected that the investigation will
				be completed, which date shall not be later than 45 days from the date of
				receipt of the complaint, unless a later date is agreed to by the
				complainant.
(b) Upon completion of
				the investigation, the designated ADA coordinator shall prepare a report for
				review by the designated decision maker for the agency. The designated decision
				maker shall render a written decision within 45 days of receipt of the
				complaint, unless a later date is agreed to by the complainant, which decision
				shall be transmitted to the complainant and/or the alternate contact person if
				so designated by the complainant.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 4 - PETITIONS FOR RULES; RULEMAKING NOTICE › Section 3:3-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to all petitions made by
				  interested persons for the promulgation, amendment or repeal of any rule by the
				  Department of Banking and Insurance, pursuant to
				  52:14B-4(f).
				  These rules apply to requirements for a public comment period extension or a
				  public hearing when sufficient public interest is established, and to the
				  rulemaking notice the Department will provide.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 4 - PETITIONS FOR RULES; RULEMAKING NOTICE › Section 3:3-4.2 - Procedure for petitioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				wishes to petition the Department to promulgate, amend or repeal a rule must
				submit to the Commissioner, in writing, the following information:
1. The name of the petitioner;
2. The substance or nature of the rulemaking
				which is requested;
3. The reasons
				for the request and the petitioner's interest in the request;
4. References to the statutory authority for
				the Department to take the requested action; and
5. A caption at the top of the document
				identifying it as a petition for rulemaking pursuant to
				52:14B-4(f)  and
				this subchapter.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 4 - PETITIONS FOR RULES; RULEMAKING NOTICE › Section 3:3-4.3 - Procedure of the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				a petition in compliance with
				3:3-4.2, the Department will file a
				notice of petition with the Office of Administrative Law for publication in the
				New Jersey Register. The notice will include:
1. The name of the petitioner;
2. The substance or nature of the rulemaking
				action which is requested;
3. The
				problem or purpose which is the subject of the request; and
4. The date the petition was
				received.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 4 - PETITIONS FOR RULES; RULEMAKING NOTICE › Section 3:3-4.4 - Rulemaking activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall provide notice of
				new rules, amendments, repeals, or adoptions by posting these rules on its
				website at http://www.n1.qov/dobi/leqsreqs.htm [File Link Not Available] and to
				the news media maintaining a press office in the State House Complex.
(b) The Department shall post its proposals
				in the Department's Library, which is located on the 1st Floor, 20 West State
				Street, Trenton, NJ 08625. The Department shall also distribute its proposals
				to the Department's list of "interested persons" by e-mail or hard copy.
				Interested persons are those who have informed the Department in writing that
				they wish to receive notice of its proposed regulations.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 3 - DEPARTMENT ORGANIZATION › Subchapter 4 - PETITIONS FOR RULES; RULEMAKING NOTICE › Section 3:3-4.5 - Sufficient public interest for the purposes of extending the comment period or granting a public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining
				whether sufficient public interest has been demonstrated for the purposes of
				extending the comment period pursuant to
				1:30-5.4, the Commissioner shall
				consider the following criteria:
1. Whether
				comments received indicated a previously unrecognized impact on regulated
				entities or persons; or
2. Whether
				comments received raise unanticipated issues related to the notice of
				proposal.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 4 - DEPOSITORY INSTITUTIONS › Subchapter 1 - CAPITAL REQUIREMENTS › Section 3:4-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				implements the capital requirements of the "Banking Act of 1948,"
				17:9A-1 et seq. and the "Savings
				and Loan Act (1963),"
				17:12B-1 et seq.
(b) This subchapter shall apply to all
				depository institutions.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 4 - DEPOSITORY INSTITUTIONS › Subchapter 1 - CAPITAL REQUIREMENTS › Section 3:4-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Bank" means a bank as defined in
				  N.J.S.A.
				  17:9A-1.
"Capital stock association" means a capital stock association
				  as defined in
				  17:12B-244.
"Capital stock savings bank" means a capital stock savings
				  bank as defined in
				  17:9A-8.1.
"Classified assets" means assets, or portions thereof, which
				  have a well defined weakness or weaknesses attributable to the unfavorable
				  record of the obligor, insufficiency of security, or other factors noted in the
				  examiners comments.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Banking and Insurance.
"Department" means the New Jersey Department of Banking and
				  Insurance.
"Depository institution" means a bank, savings bank, capital
				  stock savings bank, capital stock association or mutual association.
"Mutual association" means a mutual association as defined in
				  17:12B-5.
"Qualifying capital" means qualifying capital as defined at
				  12 CFR Part 324.
"Risk weighted assets" for a bank and savings bank means risk
				  weighted assets as defined at 12 CFR Part 324, and for a savings and loan
				  association, means risk weighted assets as defined at 12 CFR 324.
"Savings bank" means a savings bank as defined in
				  17:9A-1
				  (13).
"Tier 1 capital" means Tier 1 capital as defined at 12 CFR
				  Part 324 .
"Total assets" means total assets as defined at 12 CFR Part
				  324.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 4 - DEPOSITORY INSTITUTIONS › Subchapter 1 - CAPITAL REQUIREMENTS › Section 3:4-1.3 - Minimum leverage capital requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The minimum
				leverage capital for a depository institution shall be a ratio of Tier 1
				capital to total assets of four percent.
(b) Notwithstanding (a) above, the
				Commissioner may establish for a depository institution a minimum ratio of Tier
				1 capital total assets of more than four percent based on the following
				factors:
1. The financial history and
				condition of a depository institution, and its future earnings
				prospects;
2. The managerial
				resources of the depository institution;
3. The funding and liquidity of the
				depository institution;
4. The
				interest-rate risk exposure of the depository institution;
5. The concentration of assets of the
				depository institution; or
6. The
				volume of assets classified as substandard, doubtful or loss, or subject to
				special mention.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 4 - DEPOSITORY INSTITUTIONS › Subchapter 1 - CAPITAL REQUIREMENTS › Section 3:4-1.4 - Minimum risk-based capital requirement

Current through Register Vol. 56, No. 14, July 15, 2024
A depository institution shall maintain qualifying capital
				  of at least eight percent of its risk weighted assets. At least four percent of
				  this qualifying capital shall be in the form of Tier 1 capital.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 4 - DEPOSITORY INSTITUTIONS › Subchapter 1 - CAPITAL REQUIREMENTS › Section 3:4-1.5 - Unsafe operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A depository
				institution which has leverage capital and/or risk-based capital below the
				minimum required levels shall be deemed to be operating in an unsafe or unsound
				manner for purposes of
				17:9A-266 et seq. and 17:12B-177
				et seq.
(b) A depository
				institution which has entered into and is in compliance with a written
				agreement with the Department or has submitted to the Department and is in
				compliance with a plan approved by the Department to increase its capital
				ratios to such levels as the Department deems appropriate and to take such
				other action as may be necessary for the depository institution to be operated
				so as not to be engaged in such an unsafe or unsound practice will not be
				deemed to be engaged in an unsafe or unsound practice on account of its capital
				ratios.
(c) Notwithstanding (a)
				above, the Department is not precluded from taking any authorized action
				against a depository institution with capital above the minimum requirements if
				the specific circumstances deem such action to be appropriate.
New Jersey Administrative Code › Title 3 - BANKING › Chapter 4 - DEPOSITORY INSTITUTIONS › Subchapter 1 - CAPITAL REQUIREMENTS › Section 3:4-1.6 - Unsafe condition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A depository
				institution which has a ratio of Tier 1 capital to total assets of less than
				two percent shall be deemed to be in an unsafe condition for purposes of
				17:9A-269 or
				17:12B-179.
(b) A depository institution which has
				entered into and is in compliance with a written agreement with the Department
				to increase its capital ratios to such levels as the Department deems
				appropriate and to take such other action as may be necessary for the
				depository institution to be operated in a safe and sound manner will not be
				deemed to be an unsafe condition on account of its capital ratio.
(c) Notwithstanding (a) above, the Department
				is not precluded from taking action against a depository institution which has
				a ratio of Tier 1 capital to total assets equal to or greater than two percent
				if the depository institution is otherwise in an unsafe condition, or such
				action is otherwise authorized.