New York Banking Code § 39

Orders of superintendent
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* § 39. Orders of superintendent. 1. To appear and explain an apparent\nviolation. Whenever it shall appear to the superintendent that any\nbanking organization, bank holding company, registered mortgage broker,\nlicensed mortgage banker, licensed student loan servicer, registered\nmortgage loan servicer, licensed mortgage loan originator, licensed\nlender, licensed casher of checks, licensed sales finance company,\nlicensed insurance premium finance agency, licensed transmitter of\nmoney, licensed budget planner, out-of-state state bank that maintains a\nbranch or branches or representative or other offices in this state, or\nforeign banking corporation licensed by the superintendent to do\nbusiness or maintain a representative office in this state has violated\nany law or regulation, he or she may, in his or her discretion, issue an\norder describing such apparent violation and requiring such banking\norganization, bank holding company, registered mortgage broker, licensed\nmortgage banker, licensed student loan servicer, licensed mortgage loan\noriginator, licensed lender, licensed casher of checks, licensed sales\nfinance company, licensed insurance premium finance agency, licensed\ntransmitter of money, licensed budget planner, out-of-state state bank\nthat maintains a branch or branches or representative or other offices\nin this state, or foreign banking corporation to appear before him or\nher, at a time and place fixed in said order, to present an explanation\nof such apparent violation.\n  2. To discontinue unauthorized or unsafe and unsound practices.\nWhenever it shall appear to the superintendent that any banking\norganization, bank holding company, registered mortgage broker, licensed\nmortgage banker, licensed student loan servicer, registered mortgage\nloan servicer, licensed mortgage loan originator, licensed lender,\nlicensed casher of checks, licensed sales finance company, licensed\ninsurance premium finance agency, licensed transmitter of money,\nlicensed budget planner, out-of-state state bank that maintains a branch\nor branches or representative or other offices in this state, or foreign\nbanking corporation licensed by the superintendent to do business in\nthis state is conducting business in an unauthorized or unsafe and\nunsound manner, he or she may, in his or her discretion, issue an order\ndirecting the discontinuance of such unauthorized or unsafe and unsound\npractices, and fixing a time and place at which such banking\norganization, bank holding company, registered mortgage broker, licensed\nmortgage banker, licensed student loan servicer, registered mortgage\nloan servicer, licensed mortgage loan originator, licensed lender,\nlicensed casher of checks, licensed sales finance company, licensed\ninsurance premium finance agency, licensed transmitter of money,\nlicensed budget planner, out-of-state state bank that maintains a branch\nor branches or representative or other offices in this state, or foreign\nbanking corporation may voluntarily appear before him or her to present\nany explanation in defense of the practices directed in said order to be\ndiscontinued.\n  3. To make good impairment of capital or to ensure compliance with\nfinancial requirements. Whenever it shall appear to the superintendent\nthat the capital or capital stock of any banking organization, bank\nholding company or any subsidiary thereof which is organized, licensed\nor registered pursuant to this chapter, is impaired, or the financial\nrequirements imposed by subdivision one of section two hundred two-b of\nthis chapter or any regulation of the superintendent on any branch or\nagency of a foreign banking corporation or the financial requirements\nimposed by this chapter or any regulation of the superintendent on any\nlicensed lender, registered mortgage broker, licensed mortgage banker,\nlicensed student loan servicer, licensed casher of checks, licensed\nsales finance company, licensed insurance premium finance agency,

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