§ 802 — Exemptions

New York § 802

• Jurisdiction: New York
• Law FIS: Financial Services Law
• Art. 8: Commercial Financing

Text

§ 802. Exemptions. This article shall not apply to, and shall not\nplace any additional requirements or obligations upon, any of the\nfollowing:\n (a) a financial institution;\n (b) a person acting in its capacity as a technology services provider,\nsuch as licensing software and providing support services, to an entity\nexempt under this section for use as part of the exempt entity's\ncommercial financing program, provided such person has no interest, or\narrangement or agreement to purchase any interest in the commercial\nfinancing extended by the exempt entity in connection with such program;\n (c) a lender regulated under the federal Farm Credit Act (12 U.S.C.\nSec. 2001 et seq.);\n (d) a commercial financing transaction secured by real property;\n (e) a lease as defined in section 2-A-103 of the uniform commercial\ncode;\n (f) any person or provider who makes no more than five commercial\nfinancing transactions in this state in a twelve-month period;\n (g) an individual commercial financing transaction in an amount over\ntwo million five hundred thousand dollars; or\n (h) a commercial financing transaction in which the recipient is a\ndealer as defined in section four hundred fifteen of the vehicle and\ntraffic law, or an affiliate of such a dealer, or a rental vehicle\ncompany as defined in section three hundred ninety-six-z of the general\nbusiness law, or an affiliate of such a company pursuant to a commercial\nfinancing agreement or commercial open-end credit plan of at least fifty\nthousand dollars, including any commercial loan made pursuant to such a\ncommercial financing transaction.\n