Legislation
SECTION 18-A
Application fees
Banking (BNK) CHAPTER 2, ARTICLE 2
§ 18-a. Application fees. 1. The provisions of this section shall only
be applicable to applications for which a fee is authorized to be
imposed by any other provision of this chapter or regulations
promulgated thereunder.
2. The fees set forth in this section may be imposed notwithstanding
any fee amount set forth in any other provision of this chapter or the
regulations promulgated thereunder.
3. As used in this section, "applications" shall include notices and
similar filings.
4. The fee which shall be imposed for any application for an initial
license, registration, incorporation or for the formation of any other
entity pursuant to this chapter, or for a merger, acquisition, purchase
or sale of assets, change of control, or for any other application
requiring the approval of the superintendent that may necessitate, as
determined by the superintendent, a determination regarding the
character or fitness and/or the safety and soundness of such applicant
or a similar investigative undertaking by the department, shall be:
(a) twelve thousand five hundred dollars when such application relates
to a banking organization, bank holding company or, except as provided
in paragraph (b) of this subdivision, a foreign banking corporation;
(b) seven thousand five hundred dollars when such application relates
to licensing a branch, agency or representative office of a foreign
banking corporation;
(c) one thousand five hundred dollars when the application relates to
a mortgage broker; or
(d) three thousand dollars for all other such applications.
5. The fee for any other application requiring the approval of the
superintendent, including, but not limited to, any application required
to change the name of the applicant, open branches or offices or
additional locations, or relocate an existing branch, office, or
location, and any other application not subject to subdivision four of
this section, shall be:
(a) seven hundred fifty dollars when the application relates to a
banking organization, bank holding company, out-of-state state bank,
foreign credit union, or foreign banking corporation;
(b) two thousand dollars when the application relates to the licensing
of an additional location or change of location or the licensing of a
mobile unit of a licensed casher of checks; or
(c) five hundred dollars for all other such applications.
6. The superintendent, in his or her sole discretion, may waive or
reduce the amount of the fee to be imposed pursuant to this section,
either on a case-by-case basis or, by regulation, generally with respect
to a type of application, if the superintendent determines that:
(a) the payment of such fee would impose an economic hardship upon the
applicant;
(b) the amount of such fee is excessive with respect to the expenses
incurred by the department of financial services to investigate such
application; or
(c) such waiver or reduction (i) serves the interests of interstate
administrative reciprocity or multi-state regulatory cooperation; (ii)
facilitates the administration of the department of financial services;
or (iii) is otherwise appropriate.
be applicable to applications for which a fee is authorized to be
imposed by any other provision of this chapter or regulations
promulgated thereunder.
2. The fees set forth in this section may be imposed notwithstanding
any fee amount set forth in any other provision of this chapter or the
regulations promulgated thereunder.
3. As used in this section, "applications" shall include notices and
similar filings.
4. The fee which shall be imposed for any application for an initial
license, registration, incorporation or for the formation of any other
entity pursuant to this chapter, or for a merger, acquisition, purchase
or sale of assets, change of control, or for any other application
requiring the approval of the superintendent that may necessitate, as
determined by the superintendent, a determination regarding the
character or fitness and/or the safety and soundness of such applicant
or a similar investigative undertaking by the department, shall be:
(a) twelve thousand five hundred dollars when such application relates
to a banking organization, bank holding company or, except as provided
in paragraph (b) of this subdivision, a foreign banking corporation;
(b) seven thousand five hundred dollars when such application relates
to licensing a branch, agency or representative office of a foreign
banking corporation;
(c) one thousand five hundred dollars when the application relates to
a mortgage broker; or
(d) three thousand dollars for all other such applications.
5. The fee for any other application requiring the approval of the
superintendent, including, but not limited to, any application required
to change the name of the applicant, open branches or offices or
additional locations, or relocate an existing branch, office, or
location, and any other application not subject to subdivision four of
this section, shall be:
(a) seven hundred fifty dollars when the application relates to a
banking organization, bank holding company, out-of-state state bank,
foreign credit union, or foreign banking corporation;
(b) two thousand dollars when the application relates to the licensing
of an additional location or change of location or the licensing of a
mobile unit of a licensed casher of checks; or
(c) five hundred dollars for all other such applications.
6. The superintendent, in his or her sole discretion, may waive or
reduce the amount of the fee to be imposed pursuant to this section,
either on a case-by-case basis or, by regulation, generally with respect
to a type of application, if the superintendent determines that:
(a) the payment of such fee would impose an economic hardship upon the
applicant;
(b) the amount of such fee is excessive with respect to the expenses
incurred by the department of financial services to investigate such
application; or
(c) such waiver or reduction (i) serves the interests of interstate
administrative reciprocity or multi-state regulatory cooperation; (ii)
facilitates the administration of the department of financial services;
or (iii) is otherwise appropriate.