NY State Assembly Bill 2023-A7770

Assembly Bill A7770

2023-2024 Legislative Session

Allows the department of financial services to impose penalties on unlawfully unlicensed entities

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	amend by restoring to original print 7770
May 30, 2024	amend (t) and recommit to banks
Jan 03, 2024	referred to banks
Jun 09, 2023	referred to banks
May 30, 2024	print number 7770a

Bill Amendments

Original

co-Sponsors

2023-A7770 (ACTIVE) - Details

See Senate Version of this Bill:: S7420
Current Committee:: Assembly Banks
Law Section:: Banking Law
Laws Affected:: Amd §§305, 404 & 409, add §408-a, Fin Serv L

2023-A7770 (ACTIVE) - Summary

Allows the department of financial services to have additional oversight of banks and insurance companies that are not currently licensed in this state; provides penalties for violations.

2023-A7770 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7770
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. BORES, ROZIC -- read once and referred to the
   Committee on Banks
 
 AN ACT to amend the financial services law, in relation to allowing  the
   department of financial services to have additional oversight of banks
   and insurance companies that are not currently licensed

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  legislature  finds  that  it  is  essential  to  the
 protection  of  users  of financial products and services from imprudent
 conduct and harmful business practices in the financial services market-
 place that all persons offering financial products and services  in  New
 York State be sufficiently deterred from disregarding the laws and regu-
 lations  governing  the  offering  of  financial  products  or services,
 regardless of whether they are properly licensed. Furthermore, to ensure
 that the business of, and the persons providing, financial products  and
 services  are  appropriately  supervised,  the  law should not advantage
 persons who disregard licensing requirements. Currently, as  to  engage-
 ment  in  many activities for which a license from the superintendent of
 financial services is required, an unlicensed  person  not  exempt  from
 licensing is not subject to civil penalty for acts that would constitute
 violations subject to penalty if the person were licensed; such an unli-
 censed  person may be subject to only a limited civil penalty for engag-
 ing in activity without a required license.  This  act  remediates  this
 fault  in  the  law by providing that any person engaged in activity for
 which such person must be licensed by the  superintendent  of  financial
 services will be subject to a civil penalty for conducting such activity
 in  a  manner  inconsistent  with  the  law, regardless of such person's
 licensure status.
   § 2. Subdivisions (a) and (b) of section 305 of the financial services
 law are amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11198-01-3
 A. 7770                             2

 
   (a) Unless otherwise provided in this chapter, the  banking  law,  the
 insurance law or any other law, any hearing pursuant to any such law may
 be  held  before  the  superintendent, any deputy superintendent, or any
 designated salaried employee of the department authorized by the  super-
 intendent  for  such purpose. Any adjudicatory proceeding, including any
 hearings to assess civil penalties under section four hundred  eight  OR
 FOUR HUNDRED EIGHT-A of this chapter, held pursuant to the provisions of
 this  chapter,  the  insurance  law or the banking law shall be noticed,
 conducted and administered in compliance with the  state  administrative
 procedure act.
   (b)  The person conducting such hearing shall have power to administer
 oaths, examine  and  cross-examine  witnesses  and  receive  documentary
 evidence, and shall report his or her findings, orally or in writing, to
 the  superintendent  with  or  without  recommendation.  Such report, if
 adopted by the superintendent may be the basis of any determination made
 by the superintendent. One hundred twenty days after the effective  date
 of  a determination of liability for a civil penalty pursuant to section
 four hundred eight OR FOUR HUNDRED  EIGHT-A  of  this  chapter  or  four
 hundred  three,  one  thousand one hundred two, two thousand one hundred
 two, two thousand one hundred seventeen, two thousand one hundred  thir-
 ty-three  or  seven thousand eight hundred sixteen of the insurance law,
 such determination of liability for a civil penalty may be entered as  a
 judgment  and enforced, without court proceedings, in the same manner as
 the enforcement of a money judgment in civil actions  in  any  court  of
 competent  jurisdiction  or  any  other  place provided for the entry of
 civil judgment within this state.
   § 3. Subdivision (a) of section 404 of the financial services  law  is
 amended to read as follows:
   (a)  The  superintendent has authority under this article, the banking
 law, the insurance law and other applicable laws to  investigate  activ-
 ities  that  may  constitute  violations subject to section four hundred
 eight OR FOUR HUNDRED EIGHT-A of  this  article  or  violations  of  the
 insurance law or banking law and to develop evidence thereon.
   §  4.  The  financial  services law is amended by adding a new section
 408-a to read as follows:
   § 408-A. UNLICENSED ACTIVITIES PROHIBITED. (A)  FOR  THE  PURPOSES  OF
 THIS SECTION, A "PROHIBITED UNLICENSED ACT" SHALL MEAN:
   (1) ENGAGING IN AN ACTIVITY IN THIS STATE FOR WHICH A LICENSE, CERTIF-
 ICATION,  REGISTRATION,  AUTHORIZATION, CHARTER, ACCREDITATION, INCORPO-
 RATION, OR APPROVAL BY THE SUPERINTENDENT IS REQUIRED BY  THIS  CHAPTER,
 THE BANKING LAW, THE INSURANCE LAW, OR THE REGULATIONS PROMULGATED THER-
 EUNDER,  WITHOUT  SUCH  LICENSE,  CERTIFICATION,  REGISTRATION, AUTHORI-
 ZATION,  CHARTER,  ACCREDITATION,  INCORPORATION  OR  APPROVAL   OR   AN
 EXEMPTION FROM SUCH REQUIREMENT; OR
   (2)  ANY  ACT OR OMISSION BY A PERSON WHO IS REQUIRED BY THIS CHAPTER,
 THE BANKING LAW, THE INSURANCE LAW OR THE REGULATIONS PROMULGATED THERE-
 UNDER, TO BE LICENSED,  CERTIFIED,  REGISTERED,  AUTHORIZED,  CHARTERED,
 ACCREDITED, INCORPORATED OR OTHERWISE APPROVED BY THE SUPERINTENDENT AND
 IS  NOT  SO  LICENSED,  CERTIFIED,  REGISTERED,  AUTHORIZED,  CHARTERED,
 ACCREDITED, INCORPORATED, APPROVED OR EXEMPTED FROM SUCH REQUIREMENT, IF
 SUCH ACT OR OMISSION WOULD CONSTITUTE A VIOLATION OF THIS  CHAPTER,  THE
 BANKING LAW, THE INSURANCE LAW OR THE REGULATIONS PROMULGATED THEREUNDER
 IF  SUCH  PERSON  WERE  SO  LICENSED, CERTIFIED, REGISTERED, AUTHORIZED,
 CHARTERED, ACCREDITED, INCORPORATED OR APPROVED.
 A. 7770                             3
 
   (B) IN ADDITION TO ANY CIVIL OR CRIMINAL LIABILITY  PROVIDED  BY  LAW,
 THE SUPERINTENDENT MAY, AFTER NOTICE AND A HEARING, LEVY A CIVIL PENALTY
 FOR ANY PROHIBITED UNLICENSED ACT AS FOLLOWS:
   (1)  THE  PENALTY  FOR A PROHIBITED UNLICENSED ACT THAT RELATES TO THE
 REQUIREMENTS OF THE BANKING LAW OR THE  REGULATIONS  PROMULGATED  THERE-
 UNDER SHALL BE THE SAME AS THE PENALTY PROVIDED IN SECTION FORTY-FOUR OF
 THE BANKING LAW FOR ANY VIOLATION OF THE BANKING LAW.
   (2) THE PENALTY FOR A PROHIBITED UNLICENSED ACT DESCRIBED IN PARAGRAPH
 ONE  OF SUBDIVISION (A) OF THIS SECTION THAT RELATES TO THE REQUIREMENTS
 OF THE INSURANCE LAW OR THE REGULATIONS PROMULGATED THEREUNDER SHALL  BE
 THE SAME AS THE PENALTY FOR VIOLATIONS SET FORTH IN SECTION ONE THOUSAND
 ONE HUNDRED TWO OF THE INSURANCE LAW.
   (3) THE PENALTY FOR A PROHIBITED UNLICENSED ACT DESCRIBED IN PARAGRAPH
 TWO  OF SUBDIVISION (A) OF THIS SECTION THAT RELATES TO THE REQUIREMENTS
 OF THE INSURANCE LAW OR THE REGULATIONS PROMULGATED THEREUNDER SHALL  BE
 THE  SAME AS THE PENALTY FOR VIOLATIONS SET FORTH IN SECTION ONE HUNDRED
 NINE OF THE INSURANCE LAW OR  ANY  OTHER  APPLICABLE  PROVISION  OF  THE
 INSURANCE LAW, WHICHEVER IS HIGHER.
   (4)  THE  PENALTY  FOR A PROHIBITED UNLICENSED ACT THAT RELATES TO THE
 REQUIREMENTS OF THIS CHAPTER OR THE REGULATIONS  PROMULGATED  THEREUNDER
 SHALL  BE  THE  SAME AS THE PENALTY PROVIDED FOR IN SECTION FOUR HUNDRED
 EIGHT OF THIS ARTICLE FOR VIOLATIONS OF THIS CHAPTER OR THE  REGULATIONS
 PROMULGATED THEREUNDER.
   (5)  IF  A  PROHIBITED  UNLICENSED  ACT  RESULTS IN CONSUMER HARM, THE
 PENALTY SHALL BE NOT MORE THAN DOUBLE THE PENALTY AMOUNT  APPLICABLE  TO
 SUCH  VIOLATION  SET  FORTH IN PARAGRAPH ONE, TWO, THREE OR FOUR OF THIS
 SUBDIVISION, AS APPLICABLE.
   (C) THE SUPERINTENDENT SHALL NOT IMPOSE OR COLLECT ANY PENALTY  FOR  A
 PROHIBITED  UNLICENSED ACT PURSUANT TO PARAGRAPH FOUR OF SUBDIVISION (B)
 OF THIS SECTION IF THE SUPERINTENDENT IMPOSES OR  COLLECTS  ANY  PENALTY
 PURSUANT  TO  PARAGRAPH  ONE,  TWO  OR  THREE OF SUBDIVISION (B) OF THIS
 SECTION FOR THE SAME ACT OR OMISSION.
   (D) CIVIL PENALTIES RECEIVED BY THE SUPERINTENDENT  PURSUANT  TO  THIS
 SECTION  SHALL BE APPLIED IN THE SAME MANNER AS CIVIL PENALTIES RECEIVED
 BY THE SUPERINTENDENT PURSUANT TO SECTION FOUR  HUNDRED  EIGHT  OF  THIS
 CHAPTER.
   (E) IN ADDITION TO ANY OTHER PENALTY OR SANCTION IMPOSED UPON A PERSON
 BY  LAW  FOR  AN  UNLICENSED ACT, AFTER NOTICE AND A HEARING, THE SUPER-
 INTENDENT MAY ISSUE AN ORDER DIRECTING SUCH PERSON  TO  PAY  RESTITUTION
 FOR SUCH UNLICENSED ACT.
   §  5.  Subdivision (a) of section 409 of the financial services law is
 amended to read as follows:
   (a) Whenever the superintendent is satisfied that a violation  subject
 to section four hundred eight OR FOUR HUNDRED EIGHT-A of this article or
 fraud  or other criminal activity under the insurance law or banking law
 has been committed or attempted, the  superintendent  shall  report  any
 such  violation  of law, as the superintendent deems appropriate, to the
 appropriate licensing agency, the district attorney  of  the  county  in
 which  such  acts  were  committed,  to  the attorney general, and where
 appropriate, to the person who submitted the report of fraudulent activ-
 ity, as provided by the provisions of this article. Within  one  hundred
 twenty  days  of  receipt  of  the superintendent's report, the attorney
 general or the district attorney concerned shall inform the  superinten-
 dent as to the status of the reported violations.
   § 6. This act shall take effect immediately.

co-Sponsors

2023-A7770A - Details

See Senate Version of this Bill:: S7420
Current Committee:: Assembly Banks
Law Section:: Banking Law
Laws Affected:: Amd §§305, 404 & 409, add §408-a, Fin Serv L

2023-A7770A - Summary

Allows the department of financial services to have additional oversight of banks and insurance companies that are not currently licensed in this state; provides penalties for violations.

2023-A7770A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7770--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2023
                                ___________
 
 Introduced  by  M. of A. BORES, ROZIC, BURDICK -- read once and referred
   to the Committee on Banks -- recommitted to the Committee on Banks  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT to amend the banking law, in relation to allowing the department
   of financial services to impose  penalties  on  unlawfully  unlicensed
   entities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 3 and 4 of section  44  of  the  banking
 law, subdivisions 1, 3, 4, and paragraph (b) of subdivision 2 as amended
 by  section 9 of part O of chapter 59 of the laws of 2006, paragraph (a)
 of subdivision 1 as amended by section 4 of part L of chapter 58 of  the
 laws  of  2019,  subdivision  2 as amended by chapter 356 of the laws of
 2004, paragraph (a) of subdivision 2 as amended by chapter  155  of  the
 laws  of  2012, are amended and a new subdivision 10 is added to read as
 follows:
   1. (a) Without limiting any power granted to the superintendent  under
 any  other  provision  of  this  chapter,  the  superintendent may, in a
 proceeding after notice and a hearing, require any safe deposit company,
 licensed lender, licensed  casher  of  checks,  licensed  sales  finance
 company, licensed insurance premium finance agency, licensed transmitter
 of  money,  licensed  mortgage  banker,  licensed student loan servicer,
 registered mortgage broker, licensed mortgage  loan  originator,  regis-
 tered mortgage loan servicer [or], licensed budget planner OR UNLAWFULLY
 UNLICENSED  ENTITY  to pay to the people of this state a penalty for any
 violation of this chapter, any regulation  promulgated  thereunder,  any
 final  or temporary order issued pursuant to section thirty-nine of this
 article, any condition imposed  in  writing  by  the  superintendent  in

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11198-06-4
 A. 7770--A                          2

 
 connection  with the grant of any application or request, or any written
 agreement entered into with the superintendent.
   (b) The penalty for each violation prescribed in paragraph (a) of this
 subdivision  shall not exceed two thousand five hundred dollars for each
 day during which such violation continues.
   (c) Notwithstanding paragraph (b) of this subdivision, if  the  super-
 intendent  determines  (i) that any such licensee, registrant [or], safe
 deposit  company  OR  UNLAWFULLY  UNLICENSED  ENTITY  has  committed   a
 violation  as  described  in  paragraph  (a) of this subdivision, or has
 recklessly engaged in any unsafe and unsound practice and (ii) that such
 violation or practice is part of a pattern of misconduct, results or  is
 likely  to result in more than minimal loss to such licensee, registrant
 [or], safe deposit company, OR UNLAWFULLY UNLICENSED ENTITY  or  results
 in  pecuniary  gain  or other benefit to such licensee, registrant [or],
 safe deposit company, OR UNLAWFULLY UNLICENSED ENTITY, then the  penalty
 shall not exceed fifteen thousand dollars for each day during which such
 violation or practice continues.
   (d)  Notwithstanding paragraphs (b) or (c) of this subdivision, if the
 superintendent determines (i) that any such licensee,  registrant  [or],
 safe  deposit company, OR UNLAWFULLY UNLICENSED ENTITY has knowingly and
 willfully committed any violation as described in paragraph (a) of  this
 subdivision,  or  has  knowingly and willfully engaged in any unsafe and
 unsound practice, or (ii)  that  any  licensee,  registrant  [or],  safe
 deposit  company,  OR  UNLAWFULLY  UNLICENSED  ENTITY that has knowingly
 committed any violation described in paragraph (a) of  this  subdivision
 which  substantially  undermines public confidence in any such licensee,
 registrant [or], safe deposit company OR UNLAWFULLY UNLICENSED ENTITY or
 in such licensees, registrants or safe deposit companies generally, and,
 in either case, (iii) that such licensee, registrant [or], safe  deposit
 company  OR  UNLAWFULLY  UNLICENSED  ENTITY  has knowingly or recklessly
 incurred so substantial a loss as a result of such violation or practice
 as to threaten the safety and soundness  of  such  licensee,  registrant
 [or],  safe  deposit  company, OR UNLAWFULLY UNLICENSED ENTITY, then the
 penalty shall not exceed seventy-five  thousand  dollars  for  each  day
 during which such violation continues.
   (e)  The  superintendent,  in  determining  the  amount of any penalty
 assessed pursuant to this subdivision, shall take into consideration the
 net worth and annual business  volume  of  such  licensees,  registrants
 [or], safe deposit companies OR UNLAWFULLY UNLICENSED ENTITIES.
   2.  (a) Without limiting any power granted to the superintendent under
 any other provision of  this  chapter,  the  superintendent  may,  in  a
 proceeding  after  notice and hearing, require any banking organization,
 bank holding company, out-of-state state bank that maintains a branch or
 branches or representative or other offices in this  state,  or  foreign
 banking corporation licensed by the superintendent to maintain a branch,
 agency  or representative office in this state, OR UNLAWFULLY UNLICENSED
 ENTITY to pay to the people of this state a penalty for any violation of
 this chapter, any regulation promulgated thereunder, any final or tempo-
 rary order issued pursuant to section thirty-nine of this  article,  any
 condition  imposed  in  writing by the superintendent in connection with
 the grant of any  application  or  request,  or  any  written  agreement
 entered into with the superintendent.  For purposes of this section, any
 reference  to a "banking organization" shall be deemed to exclude a safe
 deposit company and any reference to a "foreign bank licensee" shall  be
 deemed  to include an out-of-state state bank that maintains a branch or
 branches or representative or other offices in this state and a  foreign
 A. 7770--A                          3
 
 banking  corporation  licensed to maintain a branch, agency or represen-
 tative office in this state.
   (b) The penalty for each violation prescribed in paragraph (a) of this
 subdivision  shall  not exceed five thousand dollars for each day during
 which such violation continues.
   3. Notwithstanding paragraph (b) of subdivision two of  this  section,
 if  the  superintendent  determines:  (a) that any banking organization,
 bank holding company, [or] foreign bank  licensee  OR  UNLAWFULLY  UNLI-
 CENSED  ENTITY  has committed any violation described in subdivision two
 of this section or has recklessly engaged  in  any  unsafe  and  unsound
 practice, and
   (b)  that  such  violation or practice is part of a pattern of miscon-
 duct, results or is likely to result in more than minimal  loss  to  the
 banking  organization, bank holding company, [or] foreign bank licensee,
 OR UNLAWFULLY UNLICENSED ENTITY or results in pecuniary  gain  or  other
 benefit  to the banking organization, bank holding company, [or] foreign
 bank licensee, OR UNLAWFULLY UNLICENSED ENTITY then  the  penalty  shall
 not  exceed  twenty-five thousand dollars for each day during which such
 violation or practice continues.
   4. Notwithstanding paragraph (b) of subdivision  two  and  subdivision
 three  of  this  section, if the superintendent determines: (a) (i) that
 any banking organization, bank holding company, [or] foreign bank licen-
 see OR UNLAWFULLY UNLICENSED ENTITY has knowingly and willfully  commit-
 ted  any  violation  described in subdivision two of this section or has
 knowingly and willfully engaged in any unsafe and unsound  practice,  or
 (ii)  that  any banking organization, bank holding company, [or] foreign
 bank licensee OR UNLAWFULLY UNLICENSED ENTITY  has  knowingly  committed
 any  violation  described  in  subdivision  two  of  this  section which
 substantially undermines public confidence in any such banking organiza-
 tion, bank holding company, [or] foreign  bank  licensee  OR  UNLAWFULLY
 UNLICENSED  ENTITY  or in banking organizations, bank holding companies,
 or foreign bank licensees generally, and, in either case, (b)  that  the
 banking  organization,  bank holding company, [or] foreign bank licensee
 OR UNLAWFULLY UNLICENSED ENTITY has knowingly or recklessly incurred  so
 substantial  a  loss  as  a  result  of such violation or practice as to
 threaten the safety and soundness of  such  banking  organization,  bank
 holding  company,  or  foreign  bank  licensee, OR UNLAWFULLY UNLICENSED
 ENTITY then the penalty shall not exceed the lesser of (i)  two  hundred
 fifty  thousand  dollars or (ii) one percent of the total assets of such
 banking organization OR UNLAWFULLY UNLICENSED ENTITY, or one percent  of
 the  total  assets  of the banking subsidiaries, as such term is defined
 pursuant to section one hundred forty-one of this chapter, of such  bank
 holding  company  OR UNLAWFULLY UNLICENSED ENTITY, or one percent of the
 total assets in this state of such foreign bank licensee, as applicable,
 for each day during which such violation or practice continues.
   10. AS USED IN THIS SECTION, "UNLAWFULLY UNLICENSED ENTITY" SHALL MEAN
 ANY ENTITY ENGAGING IN AN ACTIVITY IN THIS STATE FOR  WHICH  A  LICENSE,
 CERTIFICATION,   REGISTRATION,  AUTHORIZATION,  CHARTER,  ACCREDITATION,
 INCORPORATION, OR APPROVAL BY THE SUPERINTENDENT  IS  REQUIRED  BY  THIS
 CHAPTER OR THE REGULATIONS PROMULGATED THEREUNDER, WITHOUT SUCH LICENSE,
 CERTIFICATION,   REGISTRATION,  AUTHORIZATION,  CHARTER,  ACCREDITATION,
 INCORPORATION OR APPROVAL.
   § 2. This act shall take effect immediately.

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Assembly Bill A7770

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Sponsored By

BORES

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Nily Rozic

Chris Burdick

2023-A7770 (ACTIVE) - Details

2023-A7770 (ACTIVE) - Summary

2023-A7770 (ACTIVE) - Bill Text download pdf

co-Sponsors

Nily Rozic

Chris Burdick

2023-A7770A - Details

2023-A7770A - Summary

2023-A7770A - Bill Text download pdf

Comments