§ 356 — Restrictions on certain loans by non-licensees, interests, other charges; loans made outside this state

New York § 356

• Jurisdiction: New York
• Law BNK: Banking
• Art. 9: Licensed Lenders

Text

§ 356. Restrictions on certain loans by non-licensees, interests,\nother charges; loans made outside this state. No person or other entity,\nother than a licensee under this article, shall directly or indirectly\ncharge, contract for, or receive any interest, discount, or\nconsideration greater than the person or other entity would be permitted\nby law to charge if it were not a licensee hereunder upon a loan not\nexceeding the maximum amounts prescribed in section three hundred forty\nof this article.\n The foregoing prohibition shall apply to any person or other entity\nwho or which, by any device, subterfuge, or pretense whatsoever shall\ncharge, contract for, or receive greater interest, consideration, or\ncharges than is authorized by the laws of this state for any such loan,\nuse, or forbearance of money, goods, or things in action or for any such\nloan, use, or sale of credit.\n Any loan in an amount not exceeding the maximum amounts prescribed in\nsection three hundred forty of this article for which a greater rate of\ninterest, consideration, or charges than is permitted by the laws of\nthis state has been charged, contracted for, or received, wherever made,\nshall not be enforced in this state and every person or other entity\nparticipating therein in this state shall be subject to the provisions\nof this article. An action to enforce any such loan made in any other\nstate to a person then a resident of that state, who now resides in this\nstate may be maintained in this state if the amount of interest,\ndiscount, consideration or other charge for such loan, demanded to be\npaid in such action, does not exceed that permitted to a licensee by\nsection three hundred fifty-one of this article for a loan of the same\namount repayable in the same manner.\n