Title 3 Banking - Chapter III Superintendent's Regulations - Subchapter B. Non-Banking Organizations - Part 401 Licensed Lenders - s 401.11 Authorization for the conduct of other business.


Published: 2021-01-31

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(a) Prior to the commencement of any other business activity which is not licensed under the Banking Law or authorized by article 9 of such law at a licensed location a licensee shall notify the superintendent, in writing, of such proposed activity. The notification shall contain a detailed description of such activity together with all related documentation. The superintendent shall approve or deny the conduct of such activity and shall so notify the licensee in writing within 60 days after receiving a properly completed request for such authorization.

(b) Upon written notice to the superintendent, a licensee may conduct on its premises the following business activities in conformity with section 350(3) of the Banking Law:

(1) an income tax preparation service;

(2) an agency activity performed pursuant to an agency agreement with a money transmitter licensed pursuant to article XIII-B of the Banking Law; and

(3) soliciting and selling of automobile club memberships.

(1) The activities, books, accounts and records which pertain to each of the business activities permitted shall be maintained so as to be readily separated and distinguished from those of the licensed lender. The name of each business must be prominently displayed on the exterior of the office and separate telephone listings must be maintained for each business.

(2) Joint expenses of the licensed lender and each of the permitted business activities, including heat, rent, electricity, telephone, insurance, supplies, and salaries, shall be apportioned between the licensed lender and each of the permitted business activities in accordance with generally accepted accounting principles.

(d) No licensee shall:

(1) grant, extend, or refinance a loan to any borrower who is delinquent under any sales finance company indebtedness in excess of 60 days unless such new agreement limits recovery by the licensee to 60 days delinquent interest. Where such new loan is granted but no new advance is made, the licensee shall supplement its file with a memorandum stating the reasons for making the loan and the benefit afforded the borrower. Nor shall a licensee grant, extend, or refinance a loan to any borrower who is delinquent under any insurance premium finance or mortgage banker indebtedness;

(2) grant, extend or refinance to any borrower a loan which is contingent upon an additional loan from any other business activity permitted pursuant to section 350(3) of the Banking Law;

(3) extend credit or adjust the terms of existing credit conditioned upon a requirement to purchase membership in any club activity or utilization of any other service; or

(4) require that payments be made via a money order instrument issued by a specific entity.

(e) The superintendent may, for good cause shown, suspend or revoke, in whole or in part, any authority for the conduct of other business activities and may impose additional conditions in connection with the operation of such other business activities.