N.Y. Banking Law 21 – Collection of assessments, penalties and forfeitures; proceedings by attorney general
§ 21. Collection of assessments, penalties and forfeitures; proceedings by attorney general. 1. When the superintendent, pursuant to the powers conferred on him or her by this article, shall have duly levied any assessment and shall have given due notification of the amount thereof, the amount so assessed shall become a liability of, and shall be paid to the superintendent by any person or entity licensed, registered, or incorporated or otherwise formed pursuant to this chapter upon which it was levied.
Terms Used In N.Y. Banking Law 21
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Trustee: A person or institution holding and administering property in trust.
2. If any person or entity licensed, registered, or incorporated or otherwise formed pursuant to this chapter shall not pay, after due notice, any such assessment or any penalty or forfeiture incurred under any section of this chapter, the superintendent may, in his or her discretion, apply in payment thereof, with interest at the legal rate, so much as may be necessary of the interest accruing on any stocks or bonds deposited with him or her by such person or entity licensed, registered, or incorporated or otherwise formed pursuant to this chapter pursuant to any requirement of this chapter.
3. The superintendent may, in his or her discretion, report to the attorney general any failure to make such payments or the failure of any officer, director, trustee, or employee of any person or entity licensed, registered, or incorporated or otherwise formed pursuant to this chapter, after due notice, to pay any penalty or forfeiture incurred by him or her under any provision of this chapter, or any violation by any corporation, unincorporated association, partnership, individual, or any other entity, of any provision of this chapter. The attorney general shall thereupon, in the name of the superintendent, or of the people of the state, institute such action or proceedings as the facts may warrant.
4. The provisions of this section shall be applicable to any bank holding company, as that term is defined in article three-A of this chapter.