Skip to Content

Translate | Disclaimer

Department of Financial Services logo

Adopted Regulations

Return to: main Legal page | Banking Division Archive

Amendments to Supervisory Policy G1 and conforming amendments to other sections of Title 3, NYCRR

March 26, 2008

Text--Comprehensive Amendments to 3 NYCRR Conforming References to Supervisory Policy G 1—Re: Fees and Addresses

GENERAL REGULATIONS - BANKING BOARD

Part 6.  ADDITIONAL AUTHORITY OF BANKS, TRUST COMPANIES, SAVINGS BANKS AND SAVINGS AND LOAN ASSOCIATIONS PURSUANT TO BANKING LAW, SECTIONS 14-g and 14-h
Sections 6.3(b) and 6.5(b) of Part 6 of the General Regulations of the Banking Board are amended to read as follows:

§ 6.3  Additional insurance powers of banks and trust companies.
(b)  The Banking Board hereby finds that title 12, United States Code,  section 92, and title 12, Code of Federal Regulations*, section 7.1001, permit national banks  located and doing business in  places the population of which does not exceed 5,000 persons to sell  insurance directly. [(These publications may be viewed at the New York State Banking Department  located at Two Rector  Street, New York, NY 10006 and the Department of State located at 41 State Street, Albany, NY  12231. The United States Code is published by the Office of the Law Revision Counsel of the House of Representatives; the Code of Federal Regulations is published by the Office of the Federal Register National Archives and Records Administration. Both publications are for sale by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328.)] Such power of national banks to sell insurance directly pursuant to title 12,  United States Code*, section 92, was unanimously upheld by the United  States Supreme Court in  the case of Barnett Bank of Marion County, N.A. v. Nelson, 517 U.S. 25 , 116 S. Ct. 1103 (1996).

§ 6.5.  Investments in community development entities or projects.
(b)  The Banking Board hereby finds that title 12, United States Code*, sections 93a, 481 and 1818, 1994 edition, [published in 1995,] and title 12, Code of Federal Regulations*, part 24, [most recently published on January 1, 1999], permits national banks to make investments designed primarily to promote the public welfare, including the welfare of low- and moderate-income areas or individuals, such as by providing housing, services or jobs. [(These publications may be viewed at the New York State Banking Department located at Two Rector Street, New York, NY 10006 and the Department of State located at 41 State Street, Albany, NY  12231. The United States Code is published by the Office of the Law Revision Counsel of the House of Representatives; the Code of Federal Regulations is published by the Office of the Federal Register National Archives and Records Administration. Both publications are for sale by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328.)]

Part 11.  INSIDER TRANSACTIONS
Section 11.6 of Part 11 of the General Regulations of the Banking Board is amended to read as follows:

§ 11.6  Discovery of insider relationship. 
If a bank becomes aware of the existence of an insider relationship after entering into a transaction for which approval would have been required under section 11.3  of this Part, the bank shall promptly report such transaction to the Superintendent [of Banks,  Two World Trade Center,  New York, NY 10047] at the address of the Banking Department  set forth in section 1.1 of Supervisory Policy G 1, except that no such report need be made by a New York bank other than a credit union if the amount involved is less than $5,000 or by a credit union if the amount involved is less than $4,000.

Part 14.  INVESTMENTS IN CORPORATIONS BY BANKS AND TRUST COMPANIES
Section 14.3(c) and (d)(11) of Part 14 of the General Regulations of Banking Board is amended to read as follows:

§ 14.3  Investment procedures for operating subsidiaries and Edge Act subsidiaries.
(c)  A bank or trust company that:

(1)  is "adequately capitalized" or "well capitalized" as those terms are defined in title 12, Code of Federal Regulations*, part 325[, as it may be amended from time to time. (This publication, most recently published January 1, 1999, may be viewed at the New York State Banking Department, located at 2 Rector Street, New York, NY 10006 and the Department of State located at 41 State Street, Albany, NY 12231. Code of Federal Regulations is published by the Office of the Federal Register; National Archives and Records Administration. This publication is for sale by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328)];

(2)  at its immediately prior examination, had a composite CAMELS rating of 1 (strong) or  2 (satisfactory) under the Uniform Financial Institution Rating System (UFIRS) as those terms are defined in the [most recent] UFIRS notice in the December 19, 1996 Federal Register*  (61  Fed. Reg. 67021)[, and as such definitions may be amended from time to time. (This publication may be viewed at the New York State Banking Department, located at 2 Rector Street, New York, NY 10006 and the Department of State located at 41 State Street, Albany, NY 12231. The Federal Register is published by the Office of the Federal Register; National Archives and Records Administration. This publication may be for sale by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328)]; and

(d)  The following activities qualify for the preapproved notice procedures under subdivision (c) of this section:

(11)  making, purchasing, selling, servicing, or warehousing loans or other extensions of credit, or interests therein, for the subsidiary's account, or for the account of others, including consumer loans, credit card loans, commercial loans, residential mortgage loans, and commercial mortgage loans; provided, however, that the preapproved notice procedure set forth in subdivision (c) of this section is not available if the notice involves the direct or indirect acquisition by the bank of any low quality asset from an affiliate in connection with a transaction subject to this section; for purposes of this paragraph, the terms low quality asset and affiliate have the same meaning as provided in section 23A of the Federal Reserve Act  (title 12, United States Code*, §[371[c], 1994 edition, published in 1995.) (This publication may be viewed at the New York State Banking Department, located at 2 Rector Street, New York, NY 10006 and the Department of State located at 41 State Street, Albany, NY 12231. The United States Code is published by the Office of Law Revision Counsel of the House of Representatives. This publication is for sale by the U.S. Government  Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328] 371c);  and

Part 16. CERTAIN MERGERS AND ACQUISITIONS OF ASSETS INVOLVING BANKING INSTITUTIONS

Section 16.4 of Part 16 of the General Regulations of the Banking Board is amended to read as follows:

§ 16.4  Application and fee.
Any application submitted pursuant to the authority of this Part shall be in the form prescribed by Supervisory Procedure CB 105 of this Title, except that the fee accompanying such application shall be [in the sum of $5,000] in the amount specified in section 1.2 of Supervisory Policy G 1 in the case of a transaction to which one or more of the parties is a stock-form thrift institution. The application should be sent to the division of the Banking Department that supervises the acquiring or receiving institution at the address of the Department set forth in section 1.1 of Supervisory policy G-1.

Part 30.  INSIDERS' REPORTS
Section 30.4 of Part 30 of the General Regulations of the Banking Board is amended to read as follows:

§ 30.4  Inspection.
The information filed pursuant to the requirements of this Part will be available for public inspection and copying during business hours [(a) in the case of all banks and trust companies at the New York City office of the department, and (b) in the case of banks and trust companies headquartered outside New York City and Nassau, Suffolk, Westchester and Rockland Counties, at the nearest upstate office of the department, i.e., Albany, Syracuse, Rochester or Buffalo, as well] at the address of the Banking Department set forth in section 1.1 of Supervisory Policy G 1.

Part 34.  AVAILABILITY OF FUNDS FOR ITEMS DEPOSITED FOR COLLECTION
Section 34.2(b) of Part 34 of the General regulations of the Banking Board is amended to read as follows:

§ 34.2  Relationship to Federal law.
(b)  Any bank or savings institution may elect to comply with the availability and disclosure provisions of regulation CC of the Board of Governors of the Federal Reserve System with respect to any type or category of [nontransaction] non-transaction account (i.e., account as defined in section 34.3[[a]](a) of this Part)[;]. [c]Compliance with the provisions of regulation CC shall be deemed to be in compliance with the availability and disclosure provisions of this Part. [Banking and savings institutions making the election authorized by this subdivision need not mail specific policy disclosure statements to holders of passbook savings and time deposit  accounts and need not mail specific policy disclosure statements to other existing account holders prior to January 1, 1989.]  (References to regulation CC are to 12 CFR* part 229 entitled "Availability of Funds and Collection of Checks [,]" [appearing the Federal Reserve Regulatory Service at 9-001 et seq. The publication is available from Publications Services Section, Federal Reserve Board, 20th Street and Constitution Avenue, N.W., Washington, DC 20551. A copy of regulation CC is available for inspection at the New York State Banking Department Library].)

Part 36.  INVESTMENTS BY BANKS OR TRUST COMPANIES IN INVESTMENT  COMPANIES 
Section 36.1 of Part 36 of the General Regulations of the Banking Board is amended to read as follows:

§ 36.1  Authorization.
Subject to the requirements of section 36.2 of this Part, a bank or trust company may invest in the shares of investment companies (henceforth referred to as a "fund" or "funds"), provided that the portfolio of the fund consists solely of investments in stocks and obligations in which banks or trust companies are permitted to invest directly. Investment companies include open-end and closed-end investment companies and unit investment trusts as those terms are used in the Investment Company Act of 1940 (title 15 United States Code*, section 80a-1 et seq.). [(The cited provisions may be found in title 15 [Commerce and Trade]  of United States Code annoted [West  Publishing Company, St. Paul, Minnesota] p. 656 et  seq. and Cumulative Annual Pocket Part. Compies of the provisions may be obtained from the New York State  Banking Department Library, Two Rector Street, 19th Floor, New York, NY 10006.)]

Part 39.  EXEMPT ORGANIZATIONS; SUBSIDIARIES OF EXEMPT ORGANIZATIONS; EXEMPT MORTGAGE PRODUCTS
Section 39.3(b) of Part 39 of the General Regulations of the Banking Board is amended to read as follows:

§ 39.3  General provisions.
(b)  Entities exempt from registration or licensing shall not be subject to periodic examination by the Banking Department but may at any time become subject to special investigation.  Accordingly, consistent with section 597 of the Banking Law, such entities shall keep their books and records in a manner which will allow the [superintendent] Superintendent to determine whether such exempt organization is complying with the advertising, solicitation and disclosure requirements prescribed in Part 38 of this Title, except for books and records relating to exempt products.  Information and forms regarding recordkeeping can be obtained at:  [New York State] Banking Department, Mortgage Banking Division, [Two Rector Street, New York, NY 10006] at the address set forth in section 1.1 of Supervisory Policy G 1. Books and records shall be available for inspection by the [superintendent] Superintendent in accordance with Superintendent's Regulation Part 410 of this Title.

Part 41.  RESTRICTIONS AND LIMITATIONS ON HIGH COST HOME LOANS
Sections 41.1(b), (c),(h) and (j) of Part 41 of the General Regulations of the Banking Board are amended to read as follows:

§ 41.1  Definitions.
(b)  Affiliate means any company that controls, is controlled by, or is under the common control of another company. Control shall have the same meaning as control of a bank or any other company is defined pursuant to 12 USC* at 1841(a)(2), (3), and (4)[, as amended from time to time. This publication may be viewed at the New York City office of] the New York State Banking Department located at the address stated in  Supervisory Policy G1 of Title 3 of the NYCRR and the Department of State located at 41 State Street, Albany, NY 12231.  The United States Code is published by the Office of the Law Revision Council of the House of Representatives and is for sale by the United States Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-0001].

(c)  Annual percentage rate means the annual percentage rate for the loan calculated according to the provisions of the Federal Truth-in-Lending Act (15 U.S.C.* section 1601 et seq.), the regulations promulgated thereunder by the Federal Reserve Board, and the official staff commentary thereto. For open-end lines of credit, the annual percentage rate is the highest corresponding annual percentage rate required to be disclosed under sections 226.6(a)(2) and 226.14(b) of title 12 of the Code of Federal Regulations*, excluding any annual percentage rate imposed solely in the event of default. [These publications may be viewed at the New York City office of the New York State Banking Department located at the address stated Supervisory Policy G1 of Title 3 of the NYCRR and the Department of State located at 41 State Street, Albany, NY 12231. The United States Code is published by the Office of the Law Revision Council of the House of Representatives. The Code of Federal Regulations is published by the United States Government Printing Office and both publications are for sale by the United States Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-0001.]

(h)  Points and fees means (i) all items listed in 15 U.S.C.* § 1605(a)(1) through (4), except interest or the time-price differential; (ii) all charges for items listed under section 226.4(c)(7) of title 12 of the Code of Federal Regulations* [as amended from time to time], but only if the lender receives direct or indirect compensation in connection with the charge or the charge is paid to an affiliate of the lender; and (iii) all compensation paid directly or indirectly to a mortgage broker not otherwise included as points and fees pursuant to clauses (i) and (ii) of this subdivision 41.1(h). [These publications [may be viewed at the New York City office of the New York State Banking Department located at the address stated in Supervisory Policy G 1 of Title 3of the NYCRR and the Department of State located at 41 State Street, Albany, NY 12231.]  Any payments for premiums for any credit life, credit disability, credit unemployment, or credit property insurance, or any other life or health insurance, or any debt cancellation or suspension agreement or contract, whether or not interest is charged, shall constitute points and fees for purposes of this Part or section 6-l of the Banking Law. Credit property insurance shall not be deemed to include insurance coverage for fire, miscellaneous property, or water damage, as defined pursuant to section 1113 of the Insurance Law, placed upon such mortgaged property.  Payments for title insurance premiums related to such mortgaged property and payments for premiums for insurance required by the lender [which] that guarantees payment of all or part of the outstanding principal loan amount upon the default of the borrower, which shall include but not be limited to private mortgage insurance, the Federal Housing Administration mortgage insurance premium fee, and the U.S. Veterans Administration funding fee, or any fee charged by the Federal National Mortgage Association or the Federal Mortgage Assistance Corporation[, which] that provides for a similar guarantee of such payment, shall not constitute points and fees for purposes of this Part and section 6-l of the Banking Law. Any payments for a mortgage recording tax shall not constitute points and fees for purposes of this Part and section 6-l of the Banking Law.

 (j)  "Unconscionable" means oppressive or unreasonably harsh or unfair, considering all of the circumstances of the loan transaction as such term unconscionable is described in the Official Comment and New York Annotations for section 2-302 of the Uniform Commercial Code. [This publication may be viewed at the New York City office of the New York State Banking Department located at the address stated in Supervisory Policy G 1 of Title 3 of the NYCRR and the Department of State located at 41 State Street, Albany, NY  12231. The Uniform Commercial Code is published by West Publishing Company and is for sale by the West Group, 620 Opperman Drive, P.O. Box 64526, St. Paul, MN 55164-0779.]

Part 51.  PLEDGE OF ASSETS BY FOREIGN BANKING CORPORATIONS IN NEW YORK
Section 51.4(c) of Part 51 of the General Regulations of the Banking Board is amended to read as follows:

§ 51.4  Miscellaneous provisions.
(c)  Written communication to the [superintendent] Superintendent.  Written communication to the [superintendent] Superintendent regarding this Part should be addressed to the [New York State] Banking Department[, Two  Rector Street, New York, NY 10006] at the address set forth in section 1.1 of Supervisory Policy G 1; Attention: Foreign [Commercial] and Wholesale Banks Division.

Part 66. RECIPROCAL INTERSTATE ACQUISITIONS OF SAVINGS AND LOAN ASSOCIATIONS
Sections 66.2(b), 66.3(a) and 66.4(b) of Part 66 of the General Regulations of the Banking Board are amended to read as follows:

§ 66.2  Definitions.
(b)  savings and loan holding company shall have the same [measning] meaning as in title 12 United  States Code section 1730a* [(references to] title 12 United  States Code, section 1730a [may be found  in title 12 [Banks and Banking] of United States  Code annotated [West Publishing Company, St.  Paul, Minnesota] p. 671 and Cumulative Annual Pocket  Part. Copies of said provisions may be obtained from the New York State Banking Department Library, Two  Rector Street, 19th Floor, New York, NY 10006.)]; 

§ 66.3  Acquisitions of New York insured institutions.
(a)  Subject to the provisions of this Part, an out-of-state savings and loan holding company or subsidiary thereof may acquire control, directly or indirectly, of one or more insured institutions; provided, however, that no such acquisition of control shall be lawful without the prior approval of the [superintendent] Superintendent. Any such acquisition of control approved by the [superintendent] Superintendent shall not affect the powers or privileges of such insured institution or insured institutions. Any out-of-state savings and loan holding company or subsidiary thereof desiring to acquire control of one or more insured institutions shall file an application in writing with the [superintendent] Superintendent and pay [an investigation] the fee [of $5,000  to the superintendent] specified in section 1.2 of Supervisory Policy G 1. The application shall contain such information as the [superintendent] Superintendent may deem necessary or appropriate for the purpose of making a determination under this Part. As used in this Part, the term control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an insured institution, whether through the ownership of voting stock of such insured institution, the ownership of voting stock of any company which possesses such power, or otherwise. Control shall be presumed to exist if any out-of-state savings and loan holding company or subsidiary thereof, directly or indirectly, owns, controls or holds with power to vote five per centum or more of the voting stock of such insured institution, but no person shall be deemed to control an insured institution solely by reason of being an officer or director of such institution or savings and loan holding company or subsidiary. The [superintendent] Superintendent may in his or her discretion, upon the application of an out-of-state savings and loan holding company or subsidiary which, directly or indirectly, owns, controls or holds with power to vote or seeks to own, control or hold with power to vote, any voting stock of such insured institution, determine whether or not the ownership, control or holding of such voting stock would constitute control of such institution for purposes of this Part. No proposed acquisition of control pursuant to this Part shall be approved unless the [superintendent] Superintendent finds that:

§ 66.4  Acquisitions of out-of-state insured institutions.
(b)  A savings and loan holding company or subsidiary thereof [which] that seeks such approval shall file a written application with the [superintendent] Superintendent and pay [an investigation] the fee [of $5,000] specified in section 1.2 of Supervisory Policy G 1. The application shall contain such information as the [superintendent] Superintendent may deem necessary for the purposes of making a determination under this Part.

Part   76.  COMPLIANCE WITH COMMUNITY REINVESTMENT ACT REQUIREMENTS
Sections 76.2(w) and (x) and 76.8(a)(1), (c)(1) and (d)(1) of Part 76 of the General Regulations of the Banking Board are amended to read as follows:

§ 76.2  Definitions.
(w) Small business loan means a small business loan as defined in Regulation BB of the Board of Governors of the Federal Reserve System (12 CFR* part 228). This definition is based on the size of the loan.

(x) Small farm loan means a small farm loan as defined in Regulation BB of the Board of  Governors of the Federal Reserve System (12 CFR* part 228). This definition is based on the size of the loan.

§ 76.8  Lending test.
(a) Scope of test.  The scope of the lending test is as follows:

(1)  The lending test evaluates a banking institution's record of helping to meet the credit needs of its assessment area(s) through its lending activities by considering a banking institution's home mortgage, small business, small farm, and community development lending.  If consumer lending constitutes a substantial majority of a banking institution's business, the Banking Department will evaluate the banking institution's consumer lending in one or more of the following categories: motor vehicle, credit card, home equity, other secured, and other unsecured loans.  In addition, at a banking institution's option, the Banking Department will evaluate one or more categories of consumer lending, if the banking institution has collected and maintained the data required by Regulation BB of the Board of Governors of the Federal Reserve System (12 CFR* part 228)[, as issued on April 24, 1995, and amended from time to time,]for each category that the banking institution elects to have the Banking Department evaluate.  [(This publication may be viewed at the New York City office of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1, and the Department of State located at 41 State Street, Albany, NY 12231. It is published by the Office of the Federal Register, National Archives and Records Administration and is for sale by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328.)]

(c)  Affiliate lending.  Affiliate lending will be considered as follows:

(1)  At a banking institution's option, the Banking Department will consider loans by an affiliate of the banking institution, if the banking institution provides data on the affiliate's loans to the Banking Department. The data provided should contain the information specified in Section 228.42 of Regulation BB of the Board of Governors of the Federal Reserve System (12 CFR* part 228)[, issued on April 24, 1995, as amended from time to time][(This publication may be viewed at the New York City office of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1[, and the Department of State located at 41 State Street, Albany, NY 12231. It is published by the Office of the Federal Register, National Archives and Records Administration and is for sale by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328.)]

(d)  Lending by a consortium or a third party.  Community development loans originated or purchased by a consortium in which the banking institution participates or by a third party in which the banking institution has invested:

(1)  will be considered, at the banking institution's option, if the banking institution reports to the Banking Department the data specified in Section 228.42 of Regulation BB of the Board of Governors of the Federal Reserve System (12 CFR* part 228)[, issued on April 24, 1995, as amended from time to time,]pertaining to these loans [(This publication may be viewed at the New York City office of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1, and the Department of State located at 41 State Street, Albany, NY 12231. It is published by the Office of the Federal Register, National Archives and Records Administration and is for sale by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328.)]; and

Part 79.  REVERSE MORTGAGE LOANS
Section 79.11(a) of Part 79 of the General Regulations of the Banking Board is amended to read as follows:

§ 79.11  Required disclosures for 280 and 280-a loans.
(a)  Prior to accepting an application for any loan, but in any event prior to a lender accepting an application fee, a lender must disclose to each loan applicant the following information, as is relevant to the type of loan being offered:

(3)  A notice that the mortgagor(s) or applicant can submit written complaints to the New York State Banking Department, Mortgage Banking Division, [at Two Rector Street, New York, New York 10006] at the address set forth in section 1.1 of Supervisory Policy G 1.

Part. 86 ORGANIZATION AND OPERATION OF STOCK-FORM SAVINGS BANKS AND SAVINGS AND LOAN ASSOCIATIONS
Footnote 1 of item 14 of section 86.14 of Part 86 of the General Regulations of the Banking Board is repealed and section 86.4(b) and note 2(d) of section 86.14 of such Part are amended to read as follows:

§ 86.4 General provisions relating to the conversion (other than a conversion effected pursuant to any contrary provisions of section 86.12 of this Part) of a thrift from mutual to stock-form of organization.
(b)  The application for conversion shall be in the form prescribed by section 86.13 of this Part and shall be accompanied by [such statutory fees as shall apply to such application] the fee specified in section 1.2 of Supervisory Policy G 1.

§ 86.14  Proxy statement.
Item 14. Financial Statements

(d) Financial statements of business acquired or to be acquired. There shall be furnished the information required under Item 14(d) of 12 CFR* 563b.101 [(see footnote #1)] {1} regarding business acquired or to be acquired.

Part 87. CONVERSION OF MUTUAL AND STOCK-FORM FEDERAL SAVINGS BANKS AND STOCK-FORM FEDERAL SAVINGS AND LOAN  ASSOCIATIONS TO STATE CHARTER
Section 87.1(b) of Part 87 of the General Regulations of the Banking Board is amended to read as follows:

§ 87.1 General Information
(b)  Six copies of a letter of application and each document referred to in section 87.2 of this Part, including two executed copies of the documents referred to in section 87.2(a)-(c), shall be filed with the Superintendent [of Banks, Two World Trade Center, New York, NY 10047] at the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1. The letter of application shall set forth the name and address of the officer to whom all communications from the Banking Department should be addressed, and the date or proposed date of filing of any required applications or other documents with any Federal agency, and shall be accompanied by payment of [a check for $2,500 payable to the order of "Superintendent of Banks of the State of New York."] the fee specified in section 1.2 of Supervisory Policy G 1.  Inquiries concerning the preparation of the application should be addressed to the [superintendent] Superintendent.

SUPERINTENDENT'S REGULATIONS

Part 301.  SECURITY AT AUTOMATED TELLER FACILITIES
Section 301.8 of Part 301 of the Superintendent’s Regulations is amended to read as follows:

§ 301.8  Documentation.
All documentation required to be sent to the Banking Department under article II-AA and this Part shall be sent to[:]

the New York State Banking Department, Criminal Investigations Bureau, [Two Rector Street, New York, NY 10006] at the address set forth in section 1.1 of Supervisory Policy G 1.

Part 303. PUBLICATION OF ANNUAL FINANCIAL STATEMENTS BY MUTUAL SAVINGS BANKS AND MUTUAL SAVINGS AND LOAN ASSOCIATIONS)
Section 303.3 (d) of Part 303 of the Superintendent’s Regulations is amended to read as follows:

§ 303.3  Remuneration of management.
Upon written request by a depositor or other person, the [New York State] Banking Department shall furnish such depositor or other person with the following information with respect to the remuneration paid or to be paid to the three highest paid officers and the fees paid to the trustees or directors of the mutual organization:

(d)  A fee [of 25 cents] in the amount specified in section 1.2 of Supervisory Policy G 1 is required for each institution for which information is requested.

Part 306. CORPORATE GOVERNANCE VACANCIES ON THE BOARD OF DIRECTORS
Subdivision b of Section 306.1, Explanatory Note, of Part 306 of the Superintendent’s Regulations is repealed and Section 306.2 is amended to read as follows:

306.2 Maximum number of vacancies on the board of directors that may be left unfilled.
(a) Unless the [superintendent] Superintendent, in his/her discretion provides other wise, an institution described in section 306.1 of this Part is permitted to have vacancies of up to one-third of its entire board of directors left unfilled until the next annual election by the stockholders provided that the institution:

(1) is well capitalized (within the meaning of title 12, Code of Federal Regulations* § 325.103(b)(1)); and

(2) is well managed (within the meaning of title 12, Code of Federal Regulations* § 362.17(e)). Any non-depository institution will be considered well managed if it is in satisfactory condition as determined upon examination by the [superintendent] Superintendent. In the case of an institution that has not been examined by the [superintendent] Superintendent, such institution will be considered well managed upon a finding by the [superintendent] Superintendent of managerial resources that the [superintendent] Superintendent determines satisfactory; and

(3) has been in existence for more than five years.         

(b) Unless the [superintendent] Superintendent, in his/her discretion provides otherwise, an institution described in section 306.1 of this Part is permitted to have vacancies of up to one-tenth of its entire board of directors left unfilled until the next annual election by the stockholders, or where a board of directors is comprised of less than ten members, no more than one vacancy on the board may be left unfilled until the next annual election by the stockholders provided that the institution:

(1) is adequately capitalized (within the meaning of title 12, Code of Federal Regulations* § 325.103(b)(2)); and

(2) is well managed (within the meaning of title 12, Code of Federal Regulations* § 362.17(e)). Any non-depository institution will be considered well managed if it is in satisfactory condition as determined upon examination by the [superintendent] Superintendent. In the case of an institution that has not been examined by the [superintendent] Superintendent, such institution will be considered well managed upon a finding by the [superintendent] Superintendent of managerial resources that the [superintendent] Superintendent determines satisfactory; and

(3) has been in existence for more than five years.

Part 307. CORPORATE GOVERNANCE ACTIONS PERMITTED TO BE TAKEN BY UNANIMOUS WRITTEN CONSENT OF BOARD OF DIRECTORS
Subdivision b of Section 307.1, Explanatory Note, of Part 307 of the Superintendent’s Regulations is repealed and Section 307.2 is amended to read as follows:

307.2 Prerequisite requirements.
Unless the [superintendent] Superintendent in his/her discretion provides otherwise, an institution described in section 307.1 of this Part shall be eligible to have its board of directors take actions authorized by its organization certificate or by-laws by unanimous written consent except as specified in section 307.3 of this Part, provided that the institution:

(a) is well capitalized (within the meaning of title 12, Code of Federal Regulations* § 325.103(b)(1)); and

(b) is well managed (within the meaning of title 12, Code of Federal Regulations* § 362.17(e)). Any non-depository institution will be considered well managed if it is in satisfactory condition as determined upon examination by the [superintendent] Superintendent. In the case of an institution that has not been examined by the [superintendent] Superintendent, such institution will be considered well managed upon a finding by the [superintendent] Superintendent of managerial resources that the [superintendent] Superintendent determines satisfactory; and

(c) has been in existence for more than five years.

Part 400. LICENSED CASHERS OF CHECKS
Section 400.2 of Part 400 the Superintendent’s Regulations is repealed; sections 400.3 through 400.15 are renumbered, respectively, sections 400.2 through 400,14; and  sections 400.1(b) and 400.5(d)(2) of such part are amended to read as follows:

§ 400.1  Original issuance of license or change of control of a licensee.
(b)  Application procedure.  Completed applications should be delivered to the Licensed Financial Services Division of the Banking Department at the New York City office location specified in Supervisory Policy G-1. An application for a new license for a fixed location or for a mobile unit must be accompanied by payment of [a check for the investigation and license fees specified in Banking Law, section 367] the fee specified in section 1.2 of Supervisory Policy G 1. An application by a licensee to operate a limited station must be accompanied by payment of [a check for the license and investigation fees required by Banking Law, section 370] the fee specified in section 1.2 of Supervisory Policy G 1. An application for change of control of a licensee must be accompanied by payment of [a check for the investigation fee specified in Banking Law, section 370-a. In each case, the check must be made payable to the order of "Superintendent of Banks of the State of New York"] the fee specified in section 1.2 of Supervisory Policy G 1. Applicants for a new license seeking to conduct business under a trade name must file a certificate in the office of the county clerk as required by General Business Law, section 130. A certificate of the county clerk stating that such a document has been filed must be submitted with an application for a new license.

§ 400.5  Conduct of business.
(d)  Every licensee shall display on its premises a sign made of either plastic or metal which shall be no less than 18 inches wide and 12 inches high with letters one inch in size indicating that:

(2)  [that] inquiries may be [answered] made by calling the Banking Department's toll-free number [1-800-522-3330] or if the customer has a complaint against the check casher by writing to the New York State Banking Department, c/o Consumer Services Division, [Two Rector Street, New York, NY 10006] in both cases as set forth in section 1.1 of Supervisory Policy G 1. This sign shall be located at or near the tellers' window and be in English and Spanish.

Part  401. LICENSED LENDERS
Sections 401.1(a), 401.2(a) and 401.4 of the Superintendent’s Regulations are amended to read as follows:

§ 401.1  Application procedure; licenses.
(a)  Application.  Application for a license to engage in the business of making loans in the principal amount of $25,000 or less for any loan to an individual for personal, family, household, or investment purposes and in a principal amount of $50,000 or less for business and commercial loans may be obtained [by written request addressed to] from the [New York State] Banking Department, [Two Rector Street, New York, NY 10006,] at the address set forth in section 1.1 of Supervisory Policy G 1.  If an application is requested in writing, the address should indicate the following: Attn: Licensed Financial Services Division.

§ 401.2  Application for acquisition of control of licensed lender by  purchase of stock, merger, consolidation, purchase of assets or otherwise.
(a)  Application.  An application for acquisition of control of a licensed lender may be obtained [by written request to]  from the [New York State] Banking Department, [Two Rector Street, New York, NY 10006,] at the address set forth in section 1.1 of Supervisory Policy G 1 [in 3 NYCRR]. If an application is requested in writing, the address should indicate the following: Attn: Licensed Financial Services Division. 

§ 401.4  Change of location.
A licensee may, subject to the [superintendent’s] Superintendent’s finding that there is no reasonable objection, change its location by giving written notice to the [superintendent] Superintendent at least 30 days prior to such change. The written notice shall set forth the current address, the complete address of the proposed new location, the effective date of the relocation, and shall be accompanied by a postal verification of the address of the new location, payment of [a check] the fee [in the amount of $150 payable to the order of the superintendent of banks] specified in section 1.2 of Supervisory Policy G 1 and the original license certificate.

Part 402. BUDGET PLANNERS
The opening paragraph of section 402.2(b) and sections 402.9(b), 402.16 and 402.17(a)(3) of Part 402 of the Superintendent’s Regulations are amended to read as follows:

§ 402.2  Application for a license.
(b)  Application procedure.  Applications should be delivered to the [New York State] Banking Department, Attn: Licensed Financial Services Division, and must be accompanied by [check payable to the order of “Superintendent of Banks of the State of New York”, for an investigation a] payment of the fee [in the statutory amount] specified in section 1.2 of Supervisory Policy G 1. The application shall include the following information:

§ 402.9 Debtors contact with licensees and Banking Department.
(b) Every licensee shall furnish to the debtor at least quarterly a periodic statement of account on which the Banking Department’s toll-free telephone number, [1-800-522-3330] as set forth in section 1.1 of Supervisory Policy G 1, shall be [set forth] displayed conspicuously in at least ten point bold type.

§ 402.16  Licensee’s privacy policy.
Each licensee shall comply with the privacy provisions contained in Title V of the "Gramm-Leach-Bliley Act" of 1999, which is found in 15 United States Code* Section 6801 et seq., and the regulations promulgated thereunder by the Federal Trade Commission, which are found in Title 16, Code of Federal Regulations*, Part 313 et seq.  [15 United States Code Section 6801 et seq. and Title 16, Code of Federal Regulations referred to herein, may be viewed at the New York State] Banking Department, located at One State Street, New York, NY 10004 and the Department of State located at 41 State Street, Albany, NY 12231. The United States Code is published by the Office of the Law Revision Council of the House of Representatives.  This publication is for sale by the United States Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328. The Code of Federal Regulations is published by the Office of the Federal Register; National Archives and Records Administration. The Code of Federal Regulations is for sale by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-0001.]

§ 402.17  Office Display.
(a) Every licensed budget planner shall display in full public view at both its principal office and any branch office in New York State, a sign(s) which shall be no less than 20 inches wide and 12 inches high with letters one-half inch in size indicating:

(3)  that if a debtor has any inquiries or complaints, he or she may call the New York State Banking Department’s toll-free number, [1-800-522-3330], write to the Banking Department, c/o Consumer Services Division, [One State Street, New York, New York 10004], or submit a complaint filed electronically via the [Banking] Department’s [website at www.banking.state.ny.usWeb page, in each case as set forth in section 1.1 of Supervisory Policy G 1.

Part 406.  MONEY TRANSMITTERS
Sections 406.3(a)(2), 406.4(d)(1)(iii), and 406.16 of Part 406 of the Superintendent’s Regulations are amended to read as follows:

§ 406.3  Conduct of business.
(a)  Every licensee engaged in money transmission, except one engaged exclusively in the sale or issuance of travelers checks and/or money orders, shall post and at all times display in full  public view, at both its principal office and at each branch office in this State, where the general public is admitted and money transmission is carried out, a sign or signs in the English language and in any other predominant language spoken by the customers of the licensee each of which sign shall be no less than 20 inches wide and 12 inches high with letters at least one-half inch in height indicating the following: 

(2)  that the licensee is licensed and regulated by the New York State Banking Department [located at Two Rector Street, New York, NY 10006] and that unresolved consumer complaints may be mailed to the New York State Banking Department, Consumer Services Division, as set forth in section 1.1 of Supervisory Policy G 1.

§ 406.4  Agents and subagents of money transmitters.
(d)  (1)  Every agent and subagent, other than a bank, which is engaged in money transmission, except one engaged exclusively in the sale or issuance of travelers checks and/or money orders, shall post and at all times display in full public view, at both its principal office and at each branch office in this State a sign or signs in the English language and in any other predominate language spoken by its customers. Each sign shall be no less than 20 inches wide and 12 inches high with letters at least one-half inch in height prominently indicating the following: 

(iii)  that the licensee is licensed and regulated by the New York State Banking Department [located at Two Rector Street, New York, New York 10006] and that unresolved consumer complaints may be mailed to the New York State Banking Department, Consumer Services Division, as set forth in section 1.1 of Supervisory Policy G 1.

§ 406.16  Communications.
It is requested that licensees direct their Banking Department correspondence, reports, notices, statements and applications to the [following address:

Licensed Financial Services Division
New York State Banking Department
2 Rector Street
New York, NY 10006-1894
]

Licensed Financial Services Division of the Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1.

Part  407. LICENSING OF OUT-OF-STATE LENDERS WHO SOLICIT, BY MAIL, SMALL LOANS IN NEW YORK STATE
Subdivision (a) and the opening paragraph of subdivision (b) of Section 407.1 of Part 407 of the Superintendent’s Regulations are amended to read as follows:

§ 407.1  Issuance of a license.
(a)  Application form.  Application for a license shall be made upon a form provided by the Superintendent [of Banks]. Such form may be obtained at the [office of the Superintendent, 2 World Trade Center, New York, NY 10047] Banking Department at the address set forth in section 1.1 of Supervisory Policy G 1.

(b)  Application procedure.  Applications [should be delivered to] shall be filed with the Banking Department[, 2 World Trade Center, New York, NY 10047]  at the address set forth in section 1.1 of Supervisory Policy G 1, and must be accompanied by [separate checks, payable to the order of "Superintendent of Banks of the State of New York", for license and investigation fees] payment of the fee specified in section 1.2 of Supervisory Policy G 1. Accompanying the application should be the following additional information:

Part  410. MORTGAGE BANKERS & MORTGAGE  BROKERS
Sections 410.5 and 410.6(c) of Part 410 of the Superintendent’s Regulations are repealed; sections 410.6 through 410.19 are renumbered, respectively, sections 410.5 through 410.18, and sections 410.2, 410.4, 410.5(a), 410.7(q) and 410.14(a) of such part are amended to read as follows:

§ 410.2  Application procedure; licenses.
Application for a license to engage in the business of mortgage banking shall be made in such form as may be prescribed by the [superintendent] Superintendent and may be obtained by written request addressed to the [New York State] Banking Department, [Two Rector Street, New York, New York 10006,] Attn: Mortgage Banking Division, at the address set forth in section 1.1 of Supervisory Policy G-1.

(a)  Fee.  A completed application must be accompanied by payment of [a check for $1,000, payable to the order of "Superintendent of Banks of the State of New York" for an investigation] the fee specified in section 1.2 of Supervisory Policy G 1.

§ 410.4  Application for registration.
Applications for registration shall be made in such form as may be prescribed by the [superintendent] Superintendent and may be obtained by written request [addressed] to the [New York State] Banking Department, at the address set forth in section 1.1 of Supervisory Policy G-1.

(a)  Fee.  A completed application must be accompanied by payment of [a check for $500, payable to the order of "Superintendent of Banks of the State of New York," for an investigation] the fee specified in section 1.2 of Supervisory Policy G 1.

§ 410.5  Branch application; investigation fees [; annual branch fees].  

(a)  A mortgage broker or mortgage banker may apply to open and maintain one or more full service branches or loan solicitation branches. A full service branch or loan solicitation branch may be applied for by [letter] application containing the information and documents set forth in a form which may be obtained [by written request addressed to] from the [New York State] Banking Department [, Two Rector Street, New York, NY 10006,] at the address set forth in section 1.1 of Supervisory Policy G 1. If an application is requested in writing, the address should indicate the following: Attn: Mortgage Banking Division. [A loan solicitation branch may be applied for by letter application addressed to the same address as stated above.]

(1)  An application for a full service branch office or a loan solicitation branch office filed by a mortgage banker shall be accompanied by payment of [a check for $500, payable to the order of the "Superintendent of Banks of the State of New York," for an investigation] the fee specified in section 1.2 of Supervisory Policy G 1.

(2)  An application for a full service branch office or a loan solicitation branch office filed by a mortgage broker shall be accompanied by payment of [a check for $250, payable to the order of the "Superintendent of Banks of the State of New York," for an investigation] the fee specified by section 1.2 of Supervisory Policy G 1.

§ 410.7  Books and records: annual reports.
(q)  Maintenance of certain mortgage loan data.  In order to allow the Superintendent [of Banks] to ensure that all mortgage bankers are conducting their residential mortgage lending business in accordance with the provisions of Section 296-a of the Executive Law, each mortgage banker exempt from the mortgage data reporting requirements of Section 203.3(2) of Regulation C, 12 CFR* 203, issued by the Board of Governors of the Federal Reserve pursuant to the Federal Home Mortgage Disclosure Act, 12 USC* 2801, et seq., [as amended,] shall maintain the same data as required by Regulation C for review by the Superintendent of Banks. [The regulation is incorporated by reference and is authored by the Board of Governors of the Federal Reserve System and published by the United States Government Printing Office[, Washington, DC  20402. A copy is available for public inspection and copying at the New York City office of the New York State Banking Department located at the address stated in Supervisory Policy G 1 of Title 3 of the NYCRR.] Said data shall be compiled on an annual basis by March 1st of the following year in the manner required by Regulation C but need not be submitted to the Banking Department but must be available for examination for a minimum of three years.  Mortgage bankers wishing to retain the above data in a form other than that required by Regulation C may apply in writing for a waiver from the Superintendent [of Banks].

§ 410.14  Corporate surety bonds for mortgage brokers.
(a)  Every mortgage broker registered pursuant to Banking Law Section 591-a shall file with the [superintendent] Superintendent a corporate surety bond in a principal amount of not less than $10,000 or more than $100,000 based on its number of applications.  The amount of the bond required shall be as follows:

Number of New York Applications

Required Amount of Surety Bond

600+  $100,000
300 - 599 $75,000
100 - 299 $50,000
25 - 99  $25,000
0 - 24 $10,000

The amount of the surety bond shall be determined from information submitted in the annual Volume of Operations Report (“VOOR”).  The 2004 bond will be based upon the 2002 VOOR figures reported to the Department.  Thereafter, adjustments to the amount of the bond shall be made within 30 days after filing the applicable VOOR.  Semiannually, a registered mortgage broker may submit a sworn statement indicating a change in the number of applications taken.  Such corporate surety bond shall be issued by a bonding company or insurance company authorized to do business in this State.  If the [superintendent] Superintendent determines, in his or her sole discretion, that a registrant has engaged in a pattern of conduct resulting in bona fide consumer complaints of misconduct, the [superintendent] Superintendent may require such registrant to post a surety bond, or keep on deposit, twice the amount of such bond or deposit as is required consistent with this subdivision.

The term “application” shall have the same meaning as that term has in section 202.2(f) of Regulation B of the Federal Reserve System (12 CFR* 202)[.  The regulation], including the interpretations thereof contained in Supplement 1 to Part 202—Official Staff Interpretations[, is incorporated by reference and is authored by the Board of Governors of the Federal Reserve System and published by the United States Government Printing Office, Washington, DC  20402.  A copy is available for public inspection and copying at the New York City office of the New York State Banking Department located at the address stated in Supervisory Policy G 1 of Title 3 of the NYCRR]. 

A new Sub-chapter C. Part 500 is added to the Superintendent’s Regulations to read as follows:

Subchapter C  General Regulations--Banking and Non-banking Organizations

Part 500.  Investigation and Document Fees; Banking and Non-banking Organizations

§ 500.1 Fees; Authority of the Superintendent

(a) Pursuant to section eighteen of the Banking Law, the Superintendent may establish by regulation the charges for copies of any paper filed in the Banking Department and for any certification thereof.  The charge for such copies shall be as specified in section 1.2 of Supervisory Policy G-1.

(b) Section eighteen-a of the Banking Law sets forth the fees to be charged for various applications by banking or non-banking organizations as required by the Banking Law. Subdivision six of such section grants discretion to the Superintendent to waive or reduce the amount of any such fee, either on a case-by-case basis or generally, pursuant to regulations, with respect to a type of application if the Superintendent determines one or more conditions, as specified by such subdivision six, are met. The application fees charged by the Banking Department are set forth in section 1.2 of Supervisory Policy G 1.  Insofar as the fee specified in that section for a particular type of application is less than that set forth in section eighteen-a of the Banking Law, the Superintendent has reduced or waived such fee. 

GENERAL SUPERVISORY POLICIES AND PROCEDURES

(SUPERVISORY POLICY G 1.  SCHEDULE OF ADDRESSES AND FEES)
Section 1.1 of Part G 1 is amended to read as follows:

 § 1.1 [Addresses of the] Contacting the New York State Banking Department; other agencies; availability of documents.
(a) The main office of the New York State Banking Department is the New York City office. Any person having business with the Banking Department may contact the New York City office by accessing the Banking Department’s Web page, calling the toll-free consumer telephone number or the other telephone number listed for the New York City office, or writing the Banking Department at the address listed for the New York City office, as set forth in subdivision (b) of this section.  All application forms may be obtained by contacting the New York City office of the Banking Department or accessing the Banking Department’s Web page. Any communications by persons to the Superintendent or any other division or office of the Banking Department, including any applications or any documents related thereto, shall be submitted to the New York City office, unless specifically instructed otherwise pursuant to such applications or other communications by the Banking Department. Inquiries or complaints regarding persons or entities regulated by the Banking Department may be submitted in writing, by accessing the Web page, or by calling the toll-free consumer or New York City office telephone numbers. Persons interested in inspecting or copying public documents available through the Banking Department may contact or visit the New York City office as noted herein; however, copying of documents is subject to a fee as set forth in section 1.2 of this Part.

(b) The [website] Web page for the [New York State] Banking Department is:

www.banking.state.ny.us

The toll-free consumer telephone number for the Banking Department is:

1-877-BANK-NYS (226-5697).

The offices of the [New York State] Banking Department are located at:

New York State Banking Department
One State Street
New York, NY 10004-1417
(212) 709-5470

New York State Banking Department
[5 Empire State Plaza] 80 South Swan Street
Suite [2310] 1157,
Albany, NY [12223] 12210-8003
(518) 473-6160

New York State Banking Department
333 East Washington Street
Syracuse, NY 13202
(315) 428-4049

[New York State Banking Department
Sardinia House
52 Lincoln's Inn Fields
London, England WC2A 3LZ
011 44-207-405-5474

New York State Banking Department
ARK Mori Building
P.O. Box 510
1-12-32 Akasaka 1-CHOME, Minato-Ku
>Tokyo, 107-6090, Japan
011 81-3-5570-8350
]

(b) The United States Code is published by the Office of the Law Revision Counsel of the United States House of Representatives.  The Code of Federal Regulations is published by the Office of the Federal Register, National Archives and Records Administration.  Both documents are available for public inspection and copying at the New York City office of the Banking Department (see contact information, as noted above).  The Federal Register also is published by the Office of the Federal Register, National Archives and Records Administration.  All the referenced federal publications can be obtained from the U.S. Government Printing Office (GPO). The GPO is located at:

U.S. Government Printing Office
732 North Capitol Station NW
Washington, DC 20401
(202) 512-0000.

The publications also may be accessed and copied through the GPO Web page at:

(www.gpoaccess.gov/index.html).

The GPO Web page also provides the locations of Federal Depository Libraries throughout New York state at which copies of the United States Code, the Code of Federal Regulations and the Federal Register may be viewed. 

Section 1.2 of Part G 1 is repealed and a new section 1.2 is added to read as follows:

§ 1.2  Schedule of Fees; Payment
(a)  Any fee or fees prescribed by this section may be paid by a check payable to the order of “Superintendent of Banks of the State of New York State Banking Department.”

(b) Fees charged for a copy or copies of documents on file with the Banking Department and/or for the certification thereof shall be:

25 cents per page for a copy not exceeding 9 by 14 inches in size, and the actual cost of the reproduction if larger or in any other form or for the certification thereof; except that in the case of requests pursuant to the Freedom of Information Law, the first ten (10) pages of copies, not exceeding 9 x 14 inches made for a requester in any calendar year, shall be free. The Banking Department reserves the right to charge the same fee per page for those records requiring redaction even if no copies are required.

(c)  Fees charged for the processing of any application for which a fee may be charged pursuant to the Banking Law, or the regulations thereunder, shall be as set forth in the following schedule:

Schedule of Application Fees
Institution Banking Law
Authorizations
Section 18-a
Authorized Amount
Depository Institutions    
Banks & Trust Companies (including Limited Purpose Trust Companies)    
Charter Application §23 $12,500
Branch or Public Accommodation Office (see Note 1) §29 / §191 $750
Change of Location (Temporary and Permanent) §28-a / §113 $750
Change of Location (Temporary due to emergency)  §28-a $0
Change of Control §143-b.2 $12,500
Acquisition of Banking Institution (no change of control) §143-a $12,500
Conversion (From National to State) §136.5 $12,500
Merger (National to State) §136.5 $12,500
Purchase of Assets (by State from Federal) §136-a $12,500
Merger §601.1 $12,500
Purchase of Assets §601-a $12,500
Sale or Conveyance of More Than 50% of Assets §605.8 $12,500
Out-of-State, State-Chartered Banking Institutions    
Additional NY Branch (after initial entry) (see Note 2) §224 $750
Savings Banks - Mutual    
Charter Application §23 $12,500
Branch or Public Accommodation Office (see Note 1) §29 / §191 $750
Change of Location (Temporary and Permanent) §28-a / §241.1 $750
Change of Location (Temporary due to emergency) §28-a $0
Conversion (From Federal to State) §412 $12,500
Merger §601 $12,500
Purchase of Assets  §601-a $12,500
Sale or Conveyance of More Than 50% of Assets §605.8 $12,500
Conversion (from Mutual to Stock Form) §14-e.2 $12,500
Savings Banks - Stock Form    
Charter Application §23 / §14-e.2 $12,500
Branch or Public Accommodation Office (see Note 1) §29 / §191 $750
Change of Location (Temporary and Permanent) §28-a / §241.1 $750
Change of Location (Temporary due to emergency) §28-a $0
Change of Control §143-b.2 $12,500
Conversion (From Federal to State) §412 $12,500
Merger (Federal to State) §600 / §14-e.2 $12,500
Purchase of Assets (By State from Federal) §601-a / §14-e.2 $12,500
Merger §601 $12,500
Purchase of Assets  §601-a $12,500
Sale or Conveyance of More Than 50% of Assets §605.8 $12,500
Acquisition of Banking Institution (no change of control) §143-a $12,500
Savings & Loans - Mutual    
Charter Application §23 $12,500
Branch or Public Accommodation Office (see Note 1) §29 / §191 $750
Change of Location (Temporary and Permanent) §28-a / §396 $750
Change of Location (Temporary due to emergency) §28-a $0
Conversion (From Federal to State) §410 / §412 $12,500
Merger §601 $12,500
Purchase of Assets  §601-a $12,500
Sale or Conveyance of More Than 50% of Assets §605.8 $12,500
Conversion (from Mutual to Stock Form) §14-e.2 $12,500
Conversion (to Savings Bank) §23 / §411 $12,500
Savings & Loans - Stock Form    
Charter Application §23 / §14-e.2 $12,500
Branch or Public Accommodation Office (see Note 1) §29 / §191 $750
Change of Location (Temporary and Permanent) §28-a / §396 $750
Change of Control §143-b.2 $12,500
Conversion (From Federal to State) §410 $12,500
Merger (Federal to State) §600 / §14-e.2 $12,500
Purchase of Assets (By State from Federal) §601-a / §14-e.2 $12,500
Merger §601 $12,500
Purchase of Assets  §601-a $12,500
Sale or Conveyance of More Than 50% of Assets §605.8 $12,500
Acquisition of Banking Institution (no change of control) §143-a $12,500
Conversion (to Savings Bank) §23 / §411 $12,500
Credit Unions    
Charter Application §23 $12,500
New Station (see Note 3) §461 $750
Change of Location (Temporary and Permanent) §28-a / §461 $750
Change of Location (Temporary due to emergency) §28-a $0
Conversion (From Federal to State) §486 $12,500
Conversion (to Mutual Savings Bank) §487-a $12,500
Merger §601.1 $12,500
Sale or Conveyance of More Than 50% of Assets §605.8 $12,500
Foreign Banks - Branches & Agencies    
License Application §201.4 $7,500
Public Accommodation Office §191 $750
Change of Location (Temporary and Permanent) §28-a / §203.1 $750
Change of Location (Temporary due to emergency) §28-a $0
Foreign Banks - Representative Offices    
License Application §26 $7,500
Change of Location (Temporary) (see Note 4) §28-a $750
Change of Location (Temporary due to emergency) §28-a $0
Private Bankers    
Initial Verified Certificate §23 $12,500
Verified Certificate (Continuation of Business) §24 $750
Branch §29 $750
Change of Location (Temporary and Permanent) §28-a / §164 $750
Change of Location (Temporary due to emergency) §28-a $0
Investment Companies    
Charter Application §23 $12,500
Branch (unless exempt under §508.4) §29 / §508.4 $750
Change of Location (Temporary and Permanent) §28-a / §511 $750
Change of Location (Temporary due to emergency) §28-a $0
Change of Control §519 $12,500
Merger §601 $12,500
Purchase of Assets §601-a $12,500
Sale or Conveyance of More Than 50% of Assets §605.8 $12,500
Safe Deposit Companies    
Charter Application §23 $12,500
Branch §29 $750
Change of Location (Temporary and Permanent) §28-a / §321 $750
Change of Location (Temporary due to emergency) §28-a $0
Change of Control §324 $12,500
Merger §601 $12,500
Purchase of Assets §601-a $12,500
Sale or Conveyance of More Than 50% of Assets §605.8 $12,500
Holding Companies    
Initial or Expansion Application §142 $12,500
Acquisition of Banking Institution (no change of control) §143-a $12,500
Mutual Holding Companies    
Conversion (from Mutual to Stock Form) §294 / §14-e.2 $12,500
Sale of up to 49% of Subsidiary Bank Stock §290.1 / §14-e.2 $12,500
Non-Depository Institutions    
Mortgage Bankers    
Original License §591.2 $3,000
Branch License §591.3 $500
Change of Control §594-b.1 $3,000
Mortgage Brokers    
Original Registration §591-a $1,500
Branch §591-a.2 $500
Change of Control §594-b $1,500
Check Cashers    
Original License §367.3 $3,000
Additional Regular Location §367.3 $2,000
Mobile Location §367.3 $2,000
Limited Station §370.2 $500
Change of Location (Regular) §367.3 $2,000
Change of Location (Mobile) §367.3 $500
Change of Location (Limited) §367.3 $0
Change of Control §370-a.1 $3,000
Money Transmitters    
Original License §641.3 $3,000
Change of Control §652-a.1 $3,000
Licensed Lenders    
Master License §341.2 $3,000
Additional Location (Temporary and Permanent) §341.6 $500
Change of Location §343.3.a $500
Change of Control §345.1 $3,000
Acquisition, Merger, Consolidation, Purchase of Assets §344.1 $3,000
Sales Finance Companies    
Original License (1 location / 3 or more initial locations) §492.4.b &.c $3000 / $4000
Additional Place of Business §492.4.c $500
Change of Control §492-a.1 $3,000
Premium Finance Companies    
Original License (1 location / 3 or more initial locations) §555.4 $3000/ $4000
Additional Office §555.3 $500
Change of Control §555-a.1 $3,000
Budget Planners    
Original License §580.3 $3,000
Change of Control §583-a.1 $3,000

SUPERVISORY PROCEDURE G 100.  ADDRESSING OF REQUESTS FOR OFFICIAL ACTION
Section 100.1 of Supervisory Procedure G 100 is amended to read as follows:

§ 100.1  General rule.
To insure the orderly processing of [department] Banking Department mail, supervised institutions and licensees  should, unless otherwise specified in a particular Procedure, address all initial requests for official  action and all initial requests for an opinion of [department] Banking Department  counsel  [as follows:] to the Superintendent, at the address set forth in section 1.1 of Supervisory Policy G 1.

[ New York State Banking Department
 2 World Trade Center
 New York, N.Y. 10047]

Copies of such initial correspondence may be sent to named individuals or divisions within the [department] Banking Department.

SUPERVISORY PROCEDURE G 101.  NOTICE OF AUTOMATED DATA PROCESSING SYSTEMS:
SUPERINTENDENT'S RIGHT TO EXAMINE INDEPENDENT SERVICES
Section 101.1 of Supervisory Procedure G 101 is amended to read as follows:

§ 101.1.  Notice.
All banking organizations, registered bank holding companies, and other entities supervised by the Banking Department should notify the [New York State ] Banking Department,[2 World Trade Center, New York, N.Y. 10047] at the address set forth in section 1.1 of Supervisory Policy G 1,  of a decision to  contract to receive automated data processing services from an independent firm or banking organization. 

 SUPERVISORY PROCEDURE G 104—PUBLIC ACCOMMODATION OFFICE
Section 104.1 of Supervisory Procedure G 104 is amended to read as follows:

§ 104.1  General information.
A bank or trust company, savings bank or savings and loan association which seeks approval of a public accommodation office pursuant to Banking Law, section 191 should submit an application for such approval to the [superintendent] Superintendent, accompanied by [an investigation] payment of the fee [of $650] specified in section 1.2 of Supervisory Policy G 1

SUPERVISORY PROCEDURE G 105—CHANGE OF LOCATION OR A CHANGE OF DESIGNATION OF PRINCIPAL OFFICE
Section 105.1 of Supervisory Procedure G 105 is amended to read as follows:

§ 105.1  General information.
Requests for approval to change the location of a place of business or to change the designation of a principal office should be submitted by letter application to the [superintendent] Superintendent, accompanied[, except in the case of an application by a credit union,] by [an investigationpayment of the fee [of $450] specified in section 1.2 of Supervisory Policy G 1.  Banking organizations subject to Article III, VI, X, or XI of the Banking Law which seek to change the location of a place of business may utilize an application form in lieu of a letter application.  Forms may be obtained directly from the [department] Banking Department, and are available on the [department’s] Banking Department's [Website (www.banking.state.ny.us)] Web page, in each case as set forth in section 1.1 of Supervisory Policy G 1.  Banking organizations subject to other articles of the Banking Law which seek to change the location of a place of business should submit a letter application setting forth the information required in Sections 105.2 and 105.3 of this Procedure.

SUPERVISORY PROCEDURE G 106—PUBLIC ACCESS TO BANKING DEPARTMENT RECORDS
The opening paragraph of section 106.4 and section 106.5(b) of Supervisory Procedure G 106 are amended to read as follows:

§ 106.4    Fees and payment for copies or reproductions.
The Banking Department charge shall be [25 cents] the fee per page specified in section 1.2 of Supervisory Policy G 1 for copies up to 9 x 14 inches, or the actual cost of reproducing any other type of record. [Each requestor is entitled to ten free copies on an annual basis.]  Based on the circumstances of each request, the Banking Department may:

 106.5(b)  Procedures for gaining access to records.
(b) If a person seeks to review records that are in the possession and control of the Banking Department, an appointment must be arranged through the Records Access Officer. The review of such records shall take place during regular business hours and on regular business days. There is no fee imposed for viewing records. However, the Banking Department may charge [25 cents] the fee per page specified in section 1.2 of Supervisory Policy G 1 for those records that need to be redacted prior to review.

SUPERVIORY PROCEDURE  G 107. REPORTS OF MORTGAGE AND HOME IMPROVEMENT DATA BY BANKING ORGANIZATIONS
Supervisory Procedure G 107 is repealed.

SUPERVISORY PROCEDURE G 109.  PROCEDURES FOR FILING OF APPLICATIONS UNDER BANKING LAW, SECTION   32 (INSURANCE OF DEPOSITS AND SHARE ACCOUNTS)
Section 109.2 of Supervisory Procedure G 109 is amended to read as follows:

§ 109.2. Form of application.
Two copies of a letter application for exemption or extension, signed by a duly authorized officer of the applicant, shall be submitted to the Superintendent [of Banks, New York State Banking Department, Two World Trade Center, New York, New York 10047], at the address set forth in section 1.1 of Supervisory Policy G 1.  The application must be accompanied by a certified copy of the resolution of the applicant's board of directors or trustees authorizing such application and shall contain the information set forth below. The Banking Board reserves the right to require additional information in connection with the application. The applicant may, of course, submit any information in addition to that required which is deemed pertinent to the application.

SUPERVISORY PROCEDURE G 110.  REQUESTS FOR DECLARATORY RULINGS
Section 110.(b) of Supervisory Procedure G 110 is amended to read as follows:

§ 110.2.  Petition.
(b)  Petitions submitted pursuant to this Procedure shall be sent to the Superintendent [of Banks, Two Rector Street, New York , NY], at the address set forth in section 1.1 of Supervisory Policy G 1, Attn: Deputy Superintendent and Counsel. The [superintendent] Superintendent reserves the right to request such additional information as he or she shall deem relevant to the issue sought to be determined. 

SUPERVISORY PROCEDURE G 114.  ACCESS TO PERSONAL INFORMATION
Sections 114.2(b) and 114.11(a) of Supervisory Procedure G 114 are amended to read as follows:

§ 114.2  Designation of privacy compliance officer.
(b)  The address and telephone number of the privacy compliance officer is the New York City office of the Banking Department [at the address listed in section 106.1(a) of Supervisory Procedure G 106 (telephone: (212) 618-6595)], at the address and telephone number set forth in section 1.1 of Supervisory Policy G 1. 

§ 114.11  Fees.
(a)  Unless otherwise prescribed by statute, copies of records shall be provided [at a rate of 25 cents] for the fee per page [for the first copy and 10 cents per page for each additional copy] specified in section 1.2 of Supervisory Policy G 1. 

COMMERCIAL BANKS
SUPERVISORY PROCEDURE CB  101. CONVERSION OF NATIONAL BANKING ASSOCIATION TO STATE  CHARTER
Section 101.3(a) of Supervisory Procedure CB101 is amended to read as follows:

§ 101.3  Application.
(a)  Six copies of the letter of application, together with the number of copies specified in section 101.4 of this Procedure for the documents therein described, should be submitted to the [superintendent] Superintendent, at the address set forth in section 1.1 of Supervisory Policy G 1, accompanied by payment of [a check for $250 payable to the order of "Superintendent of Banks of the State of New York"] the fee specified in section 1.2 of Supervisory Policy G 1. The letter of application should include:

SUPERVISORY PROCEDURE CB 103.  APPLICATION FOR COMMERCIAL BANK BRANCH OFFICES
Section 103.1(a) of Supervisory Procedure CB 103 is amended to read as follows:

§ 103.1  General information.
(a)  A bank, trust company, or safe deposit company[which] that seeks permission to open a branch office should file an application therefor with the Superintendent [of Banks, at the New York City Office of the New York State Banking Department, at the address], at the address set forth in section 1.1 of Supervisory Policy G 1, which meets the requirements of this supervisory procedure, accompanied [, in the case of a bank or trust company,] by [an investigation] payment of the fee [of $650] specified in section 1.2 of Supervisory Policy G 1. The words "branch", "office", and "offices" as used in this supervisory procedure shall include limited purpose branches, but shall not include automated teller machines, point-of-sale terminals or similar facilities. 

SUPERVISORY PROCEDURE CB 105.  APPROVAL OF THE FORMATION OF A BANK  HOLDING COMPANY; THE EXPANSION OF AN EXISTING BANK  HOLDING COMPANY; THE VOTING BY A BANK HOLDING COMPANY  OF THE STOCK OF A BANKING SUBSIDIARY; A MERGER; A CONSOLIDATION; OR A PURCHASE OF ASSETS
Section 105.1(a) of Supervisory Procedure CB 105 is amended to read as follows:

§ 105.1  General information.
(a)  A separate application shall be submitted with respect to each action or transaction for which approval is sought and six copies thereof together with all exhibits shall be submitted to the Superintendent [of Banks, New York State Banking Department, 2 World Trade Center, New York, N.Y. 10047] at the address set forth in section 1.1 of Supervisory Policy G 1 (Attention: [Commercial Banks Division] Applications Unit). Each application shall be accompanied by payment of [a check for $3,000] the fee specified in section 1.2 of Supervisory Policy G 1 if filed pursuant to Banking Law, sections 136, 136-a, 142, 143-a, 601 or 601-a[, or $2,500 if filed pursuant to Banking Law, section 142 or 143-a, payable to the order of "Superintendent of Banks of the State of New York"]. Inquiries concerning the preparation of an application should be addressed to the [Commercial Banks Division, New York State] Applications Unit of the Banking Department, [2 World Trade Center, New York, N.Y. 10047] at the address set forth in section 1.1 of Supervisory Policy G 1

SUPERVISORY PROCEDURE CB 107.  STATEMENTS OF CONDITION RELATING TO SALES AND DISTRIBUTION OF CAPITAL STOCK
Section 107.1 of Supervisory Procedure CB 107 is amended to read as follows:

§ 107.1.  General reporting requirement.
Within 10 days after the completion of a sale or distribution by a bank, trust company, safe deposit company, investment company or mutual trust investment company of its capital stock, the issuer should send to the [New York State Banking Department, Commercial Banks Division, 2 World Trade Center, New York, N.Y. 10047] Superintendent, at the address set forth in section 1.1 of Supervisory Policy G 1, two condensed statements of condition, acknowledged by its chief executive or financial officer: 

SUPERVISORY PROCEDURE CB 109.  PERMISSION TO MAKE EXCESS DEPOSITS
Section 109.1 of Supervisory Procedure CB 109 is amended to read as follows:

§ 109.1  General information.
A bank or trust company [which] that proposes to deposit an amount in excess of 100% of its capital stock, surplus fund and undivided profits with another banking corporation or a private banker should request the [superintendent’s] Superintendent’s permission to make such deposit, in accordance with Banking  Law § 106, by submitting a letter application for such permission[, addressed] to the Superintendent [of Banks, New York State Banking Department], at the address set forth in section 1.1 of Supervisory Policy G 1, specifying the name of the proposed depositary and the reasons why the applicant wishes to make such deposit.

SUPERVISORY PROCEDURE CB 111.  APPROVAL OF CAPITAL NOTES AND DEBENTURES
Section 111.1 of Supervisory Procedure CB 111 is amended to read as follows:

§ 111.1  General information.
A bank or trust company [which] that seeks authorization from the [superintendent] Superintendent to issue capital notes or debentures in accordance with Banking Law, section 96(4), should submit a letter application[therefor, addressed] to the Superintendent [of Banks, New York State Banking Department, 2 World Trade Center, New York, N.Y. 10047] at the address set forth in section 1.1 of Supervisory Policy G 1 (Attention: [Commercial Banks Division] Applications Unit), requesting the [superintendent] Superintendent's approval, in principle, of the proposed issue of capital notes or debentures. 

SUPERVISORY PROCEDURE CB 113.  AUTHORIZATION TO INVEST IN SUBSIDIARY CORPORATIONS
Section 113.1 of Supervisory Procedure CB 113 is amended to read as follows:

§ 113.1  General information.
A savings bank or savings and loan association [which] that seeks authorization, pursuant to Banking Law section 235-d, to invest in the stock of a corporation to be operated as a service corporation should submit a letter application [for such authorization] to the [Secretary of the Banking Board, New York State] Applications Unit of the Banking Department, [Two Rector Street, New York, N.Y. 10006] at the address set forth in section 1.1 of Supervisory Policy G 1

SUPERVISORY PROCEDURE CB 116.  CONSENT OF SUPERINTENDENT TO LEAVE DIRECTOR VACANCIES UNFILLED
Section 116.1 of Supervisory Procedure CB 116 is amended to read as follows:

§ 116.1  General information.
A bank or trust company [which] that seeks the [superintendent’s] Superintendent’s consent to leave one or more vacancies on its board of directors unfilled pursuant to Banking Law §7005(1)(b) should submit a letter application [for such consent addressed] to the Superintendent [of Banks, New York State Banking Department, 2 World Trade Center, New York, N.Y. 10047], at the address set forth in section 1.1 of Supervisory Policy G 1 [ Attention:  Commercial Banks Division Applications Unit).

SUPERVISORY PROCEDURE CB 117.  COMPANIES SEEKING TO ACQUIRE OR EXERCISE CONTROL OF A BANKING INSTITUTION UNDER BANKING LAW, SECTION  143-b
Section 117.1(b) of Supervisory Procedure CB 117 is amended to read as follows:

§ 117.1  General requirements.
(b)  Form of application.  Six copies of a letter application containing the information, and accompanied by all of the documents, required by this Supervisory Procedure and payment of [a check for $5,000 or $1,000]  the fee specified in section 1.2 of Supervisory Policy G 1 [, as required by section 143-b of the Banking Law, payable to the Superintendent of Banks of the State of New York,] shall be submitted to the Superintendent [at Two World Trade Center, 32nd Floor, New York, N.Y. 10047], at the address set forth in section 1.1 of Supervisory Policy G 1.

SAVINGS BANKS
SUPERVISORY PROCEDURE SB 101.  SAVINGS BANK BRANCH OFFICES
Section 101.1(a) of Supervisory Procedure SB 101 is amended to read as follows:

§ 101.1  General information.
(a)  A savings bank [which] that seeks permission to open a branch office should file an application therefor with the Superintendent [of Banks], at the address set forth in section 1.1 of Supervisory Policy G 1, which meets the requirements of this supervisory procedure, accompanied by payment of [a check for an investigation] the fee [of $650]  specified by section 1.2 of Supervisory Policy G 1. The words "branch", "office" and "offices" as used in this supervisory procedure shall include limited purpose branches, but shall not include automated teller machines, point-of-sale terminals or similar facilities. 

SUPERVISORY PROCEDURE SB 110.  MERGER OF SAVINGS AND LOAN ASSOCIATION OR SAVINGS BANK INTO SAVINGS BANK
Section 110.1(b) of Supervisory Procedure SB 110 is amended to read as follows:

§ 110.1  General information.
(b)  A separate application shall be filed with respect to each merger for which the approval of the [superintendent] Superintendent is sought and eight copies thereof, together with all exhibits thereto, including two executed copies of the exhibits referred to in section 110.3(a)-(c) of this Procedure, shall be filed with the Superintendent [of Banks, 2 World Trade Center, New York, N.Y. 10047], at the address set forth in section 1.1 of Supervisory Policy G 1. The application shall contain the information specified in sections 110.2 and 110.3 of this Procedure and shall be accompanied by payment of [a check for $3,000 payable to the order of "Superintendent of Banks of the State of New York"] the fee specified in section 1.2 of Supervisory Policy G 1. Inquiries concerning the preparation of the application should be addressed to the [superintendent] Superintendent.

SAVINGS AND LOAN ASSOCIATIONS
SAVINGS & LOAN ASSOCIATIONS SUPERVISORY PROCEDURE SL 101.  SAVINGS AND LOAN ASSOCIATION BRANCH OFFICES
Section 101.1(a) of Supervisory Procedure SL 101 is amended to read as follows:

§ 101.1  General information.
(a)  A savings and loan association [which] that seeks permission to open a branch office should file an application therefor with the Superintendent [of Banks, at the New York City Office of the Banking Department at the address], as set forth in section 1.1 of Supervisory Policy G 1, which meets the requirements of this supervisory procedure, accompanied by [an investigation] payment of the fee [of $650] specified in section 1.2 of Supervisory Policy G 1.  The words "branch", "office" and "offices" as used in this supervisory procedure shall include limited purpose branches, but shall not include automated teller machines, point-of-sale terminals or similar facilities.

SUPERVISORY PROCEDURE SL 110.  MERGER OF SAVINGS AND LOAN ASSOCIATION OR SAVINGS BANK INTO A SAVINGS AND LOAN ASSOCIATION
Section 110.1(b) of Supervisory Procedure SL 110 is amended to read as follows:

§ 110.1  General information.
(b)  A separate application shall be filed with respect to each merger for which the approval of the [superintendent] Superintendent is sought and six copies thereof, together with all exhibits thereto, including two executed copies of the exhibits referred to in section 110.3(a)-(c) of this Procedure, shall be filed with the Superintendent [of Banks, 2 World Trade Center, New York, N.Y. 10047 New York State Banking Department,] at the address set forth in section 1.1 of Supervisory Policy G 1.  The application shall contain the information specified in sections 110.2 and 110.3 of this Procedure and shall be accompanied by payment of [a check for $3,000 payable to the order of the "Superintendent of Banks of the State of New York"] the fee specified in section 1.2 of Supervisory Policy G 1. Inquiries concerning the preparation of the application should be addressed to the [superintendent] Superintendent.

SUPERVISORY PROCEDURE SL 111.  CONVERSION OF SAVINGS AND LOAN ASSOCIATION INTO SAVINGS BANK
Section 111.1(b) of Supervisory Procedure SL 111 is amended to read as follows:

§ 111.1  General information.
(b)  Six copies of a letter of application and each document referred to in section 111.2, including two executed copies of the documents referred to in subdivisions (a), (b), (c) and (f) of section 111.2, shall be filed with the Superintendent [of Banks, 2 World Trade Center, New York, N.Y. 10047 New York State Banking Department], at the address  set forth in section 1.1 of Supervisory Policy G 1, and shall be accompanied by payment of [a check for $2,500 payable to the order of "Superintendent of Banks of the State of New York"] the  fee specified in section 1.2 of Supervisory Policy G 1; provided, however, that the organization certificate required by subdivision (b) of section 111.2 shall be filed only after receipt of the [superintendent’s] Superintendent’s written approval of the proposed conversion. Inquiries concerning the preparation thereof should be addressed to the [superintendent] Superintendent. The letter of application shall set forth the name and address of the officer to whom all communications from the Banking Department should be addressed and the date or proposed date of filing of any required applications or other documents with the Federal Deposit Insurance Corporation [or the Federal Savings and Loan Insurance Corporation].

SUPERVISORY PROCEDURE SL 112.  CONVERSION OF FEDERAL SAVINGS AND LOAN ASSOCIATION TO STATE CHARTER
Section 112.1(b) of Supervisory Procedure SL 112 is amended to read as follows:

§ 112.1  General information.
(b)  Six copies of a letter of application and each document referred to in section 112.2 of this Supervisory Procedure, including two executed copies of the documents referred to in section 112.2 (a), (b) and (c) of this Supervisory Procedure, shall be filed with the Superintendent [of Banks, 2 World Trade Center, New York, New York 10047 New York State Banking Department], at the address set forth in section 1.1 of Supervisory Policy G 1. The letter of application shall set forth the name and address of the officer to whom all communications from the Banking Department should be addressed and the date or proposed date of filing of any required applications or other documents with any Federal agency and shall be accompanied by payment of [a check for $2,500 payable to the order of "Superintendent of Banks of the State of New York"] the fee specified in section 1.2 of Supervisory Policy G 1. Inquiries concerning the preparation of the application should be addressed to the [superintendent] Superintendent.

FOREIGN BANKS
SUPERVISORY PROCEDURE FB 101—FOREIGN BANKING CORPORATION FOR A LICENSE TO ESTABLISH A BRANCH OR AGENCY
Sections 101.1 and 101.2 of Supervisory Procedure FB 101 is amended to read as follows:

§ 101.1  General information.
A foreign banking corporation seeking a license under Banking Law, article V, to establish an initial branch or agency in New York State shall submit to the [superintendent] Superintendent an application on form FB-101 containing the information and documents required by section 101.3 of this Supervisory Procedure, accompanied by payment of [a check for $2,000 covering the investigation] the fee[, payable to the order of "Superintendent of Banks of the State of New York."] specified in section 1.2 of Supervisory Policy G 1.

§ 101.2  Prior consultation. 
Preparation of the application on form FB-101 will be facilitated by prior consultation between the applicant and representatives of the Banking Department. Arrangements for such a conference may be made and copies of form FB-101 may be obtained through the Foreign [Commercial] and Wholesale Banks Division[, New York State] of the Banking Department, at the address set forth in section 1.1 of Supervisory Policy G 1 [Two Rector Street, New  York, NY 10006, (212) 618-6486]. 

SUPERVISORY PROCEDURE FB 102—FOREIGN BANKING CORPORATION FOR A LICENSE TO ESTABLISH OR MAINTAIN A REPRESENTATIVE OFFICE
Sections 102.1 and 102.2 of Supervisory Procedure FB 102 is amended to read as follows:

§ 102.1  General information.
A foreign banking corporation seeking a license under Banking Law, article V-B and Supervisory Policy FB 2, to establish, maintain or use a representative office in New York State shall submit to the [superintendent] Superintendent an application on form FB-102, or written notification as appropriate, containing the information and documents required by section 102.3 of this Supervisory Procedure, or written notification as appropriate, accompanied by payment of [a check for $250 covering the investigation] the fee[, payable to the order of "Superintendent of Banks of the State of New York."]  specified in section 1.2 of Supervisory Policy G 1. 

§ 102.2  Prior consultation
Preparation of the application on form FB-102 will be facilitated by prior consultation between the applicant and representatives of the Banking Department. Arrangements for such a conference may be made through the Foreign [Commercial] and Wholesale Banks Division [, New York State] of the Banking Department, [Two Rector Street, New York, NY 10006, (212) 618-6486] at the address set forth in section 1.1 of Supervisory Policy G 1.

MORTGAGE BANKING
SUPERVISORY PROCEDURE MB 101—LICENSE AS A MORTGAGE BANKER
Sections 101.1(a) and 101.2 of Supervisory Procedure MB 101 are amended to read as follows:

§ 101.1  General information.
(a)  General requirements.  Any person or entity seeking to engage in the business of making five or more mortgage loans in any one calendar year shall submit to the [superintendent] Superintendent an application on Form MB-101 containing the information and documents required by section 101.4 of this Supervisory Procedure, accompanied by payment of [a check for $1,000 covering the investigation] the fee[, payable to the order of "Superintendent of Banks of the State of New York"] specified in section 1.2 of Supervisory Policy G 1. A separate check that may be either certified, bank check or money order payable to the ["Superintendent of Banks-fingerprints"] “New York State Banking Department” to cover the processing of the New York State and FBI fingerprints cards is to be included. The application, questionnaires and other related documents shall be filed in duplicate under oath with the Mortgage Banking Division of the [New York State] Banking Department.

§ 101.2  Application forms and assistance.
Application forms and assistance in preparing such applications may be obtained through the Mortgage Banking Division[, New York State] of the Banking Department, [Two Rector Street, New  York, NY 10006, (212) 618-6687] at the address set forth in section 1.1 of Supervisory Policy G 1.

SUPERVISORY PROCEDURE MB 102—REGISTRATION AS A MORTGAGE BROKER
Sections 102.1(a) and 102.2 of Supervisory Procedure MB 102 are amended to read as follows:

§ 102.1  General information.
(a)  General requirements.  Any person or entity seeking to engage in the business of soliciting, processing, placing or negotiating a mortgage loan or offering to solicit, process, place or negotiate a mortgage loan in this State shall submit an application to the [superintendent] Superintendent on form MB-102 containing the information and documents required by section 102.4 of this Supervisory Procedure, accompanied by payment of [a check for $500 covering the investigation] the fee[, payable to the order of "Superintendent of Banks of the State of New York."] specified in section 1.2 of Supervisory Policy G 1.  A separate check that may be either certified, bank check or money order payable to the ["Superintendent of Banks-fingerprints"]“New York State Banking Department” to cover the processing of the New York State and FBI fingerprints cards is to be included. The application, questionnaires and other related documents shall be filed in duplicate under oath with the Mortgage Banking Division of the [New York State] Banking Department.

§ 102.2  Application forms and assistance.
Application forms and assistance in preparing such applications may be obtained through the Mortgage Banking Division[, New York State] of the Banking Department, [Two Rector Street, New York, NY 10006, (212) 618-6687] at the address set forth in section 1.1 of Supervisory Policy G 1

SUPERVISORY PROCEDURE MB 103—CHANGE IN CONTROL OF A MORTGAGE BANKER
Sections 103.1(a) and 103.2 of Supervisory Procedure MB 103 are amended to read as follows:

§ 103.1  General information. 
(a)  General requirements.  Any person or entity seeking to acquire control of a mortgage banker under section 594-b of the Banking Law shall submit to the [superintendent] Superintendent an application on Form MB-103 containing the information and documents required by section 103.4 of this Supervisory Procedure, accompanied by payment of [a check for $1,000 covering the investigation] the fee[, payable to the order of "Superintendent of Banks of the State of New York"] specified in section 1.2 of Supervisory Policy G 1. A separate check that may be either certified, bank check or money order payable to the ["Superintendent of Banks- fingerprints"]”New York State Banking Department” to cover the processing of the New York State and FBI fingerprints cards is to be included. The application, questionnaires and other related documents shall be filed in duplicate under oath with the Mortgage Banking Division of the New York State Banking Department. 

§ 103.2  Application forms and assistance.
Application forms and assistance in preparing such applications may be obtained through the Mortgage Banking Division[, New York State] of the Banking Department, [Two Rector Street, New York, NY 10006, (212) 618-6687] at the address set forth in section 1.1 of Supervisory Policy G 1.

SUPERVISORY PROCEDURE MB 104—CHANGE IN CONTROL OF A MORTGAGE BROKER
Sections 104.1(a) and 104.2 of Supervisory Procedure MB 104 are amended to read as follows:

§ 104.1  General information.
(a)  General requirements.  Any person or entity seeking to acquire control of a mortgage broker under section 594-b of the Banking Law shall submit to the [superintendent] Superintendent an application on Form MB-104 containing the information and documents required by section 104.4 of this Supervisory Procedure, accompanied by payment of [a check for $1,000 covering the investigation] the fee, [payable to the order of "Superintendent of Banks of the State of New York."] specified in section 1.2 of Supervisory Policy G 1.  A separate check that may be either certified, bank check or money order payable to the ["Superintendent of Banks- fingerprints"]”New York State Banking Department” to cover the processing of the New York State and FBI fingerprints cards is to be included. The application, questionnaires and other related documents shall be filed in duplicate under oath with the Mortgage Banking Division of the [New York State] Banking Department.

§ 104.2  Application forms and assistance. 
Application forms and assistance in preparing such applications may be obtained through the Mortgage Banking Division[, New York State] of the Banking Department, [Two Rector Street, New York, NY 10006, (212) 618-6687] at the address set forth in section 1.1 of Supervisory Policy G 1. 

SUPERVISORY PROCEDURE MB 105—MORTGAGE BROKER FOR INACTIVE STATUS
Sections 105.3 and 105.4(a) and (a)(1) of Supervisory Procedure MB 105 are amended to read as follows:

§ 105.3  Application assistance.
[Assistance] Application forms and assistance in preparing such applications may be obtained through the Mortgage Banking Division[, New York State] of the Banking Department, [Two Rector Street, New York, NY 10006, (212)  618-6687] at the address set forth in section 1.1 of Supervisory Policy G 1.

 § 105.4  Application and undertaking.
(a)  General requirements.  Any mortgage broker seeking to effectuate a change to an inactive status shall file a letter application with the [superintendent] Superintendent requesting the change in status and explaining the reason for such request. The application shall be accompanied by the existing valid registration certificate, which will be returned stamped inactive, and an undertaking to the [superintendent] Superintendent containing the following provisions:

(1)  that the [annual fee is to be paid] general assessment charged for each year [as provided in section] of such inactive status is to be paid pursuant to sections  [594-a.2] 17 and 591-a(1) of the New York Banking Law;

SUPERVISORY PROCEDURE MB 106--APPLICATION TO ACT AS AN FHA MORTGAGE LOAN CORRESPONDENT
Section 106.1 of Supervisory Procedure MB 106 is amended to read as follows:

§ 106.1(c)  General information.
(c)  Assistance in preparing such applications and documentation may be obtained through the Mortgage Banking Division[, New York State] of the Banking Department, [Two Rector Street, New York, NY 10006, (212) 618-6687] at the address set forth in section 1.1 of Supervisory Policy G 1.

Explanatory All Institutions Letter

*For information regarding the United States Code (USC or U.S.C.), the Code of Federal Regulations (CFR) and the Federal Register, see Supervisory Policy G 1.

About DFS

Contact DFS

Reports & Publications

Licensing

Laws and Regs

Connect With DFS

DFS Facebook page

Follow NYDFS on Twitter