§ 21 — Collection of assessments, penalties and forfeitures; proceedings by attorney general

New York § 21

• Jurisdiction: New York
• Law BNK: Banking
• Art. 2: Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers

Text

§ 21. Collection of assessments, penalties and forfeitures;\nproceedings by attorney general. 1. When the superintendent, pursuant to\nthe powers conferred on him or her by this article, shall have duly\nlevied any assessment and shall have given due notification of the\namount thereof, the amount so assessed shall become a liability of, and\nshall be paid to the superintendent by any person or entity licensed,\nregistered, or incorporated or otherwise formed pursuant to this chapter\nupon which it was levied.\n 2. If any person or entity licensed, registered, or incorporated or\notherwise formed pursuant to this chapter shall not pay, after due\nnotice, any such assessment or any penalty or forfeiture incurred under\nany section of this chapter, the superintendent may, in his or her\ndiscretion, apply in payment thereof, with interest at the legal rate,\nso much as may be necessary of the interest accruing on any stocks or\nbonds deposited with him or her by such person or entity licensed,\nregistered, or incorporated or otherwise formed pursuant to this chapter\npursuant to any requirement of this chapter.\n 3. The superintendent may, in his or her discretion, report to the\nattorney general any failure to make such payments or the failure of any\nofficer, director, trustee, or employee of any person or entity\nlicensed, registered, or incorporated or otherwise formed pursuant to\nthis chapter, after due notice, to pay any penalty or forfeiture\nincurred by him or her under any provision of this chapter, or any\nviolation by any corporation, unincorporated association, partnership,\nindividual, or any other entity, of any provision of this chapter. The\nattorney general shall thereupon, in the name of the superintendent, or\nof the people of the state, institute such action or proceedings as the\nfacts may warrant.\n 4. The provisions of this section shall be applicable to any bank\nholding company, as that term is defined in article three-A of this\nchapter.\n