§ 455. Definitions. 1. Budget planning, as used in this article, means
the making of a contract between a person or entity engaged in the
business of budget planning with a particular debtor whereby (i) the
debtor agrees to pay a sum or sums of money in any manner or form and
the person or entity engaged in the business of budget planning
distributes, or supervises, coordinates or controls the distribution of,
or has a contractual relationship with another person or entity that
distributes, or supervises, coordinates or controls such distribution
of, the same among certain specified creditors in accordance with a plan
agreed upon and (ii) the debtor agrees to pay to such person or entity,
or such other person or entity that distributes, or supervises,
coordinates or controls such distribution of, a sum or sums of money,
any valuable consideration for such services or for any other services
rendered in connection therewith. For the purposes of this article, a
person or entity shall be considered as engaged in the business of
budget planning in New York, and subject to this article and the
licensing and other requirements of article twelve-C of the banking law,
if such person or entity solicits budget planning business within this
state and, in connection with such solicitation, enters into a contract
for budget planning with an individual then resident in this state.

2. Person, as used in this article, shall not include a person
admitted to practice law in this state.

3. Entity, as used in this article, shall not include a firm,
partnership, professional corporation, or other organization, all of the
members or principals of which are admitted to practice law in this
state.

4. Person or entity as used in this article shall not include a
charitable corporation as defined in paragraph (a) of section one
hundred two (Definitions) of the not-for-profit corporation law of this
state, or an entity incorporated in another state and having a similar
not-for-profit status, licensed by the superintendent, to engage in the
business of budget planning as defined in this section.

5. Any attorney licensed to practice law in this state who is engaged
in budget planning shall (a) negotiate directly with creditors on behalf
of the client; (b) ensure that all moneys received from the client are
deposited in the attorney's account maintained for client funds; (c) pay
creditors from such account; and (d) offer budget planning services
through the same legal entity that the attorney uses to practice law.