§ 396-AA — Simulated check

New York § 396-AA

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

* § 396-aa. Simulated check. 1. As used in this section, "simulated\ncheck" means any document which is not currency or a check, draft, note,\nbond, or other negotiable instrument but which, because of its\nappearance, has the tendency to mislead or deceive any person viewing\nsuch document into believing that it, in fact, represents currency or a\nnegotiable instrument which can be deposited in a bank or used for\nthird-party payments. "Simulated check" does not include a\nnon-negotiable check, draft, note or other instrument which is used for\nsoliciting orders for the purchase of checks, drafts, notes, bonds or\nother instruments and which is clearly marked as a sample, specimen or\nnon-negotiable.\n 2. No person, firm or corporation shall produce, advertise, offer for\nsale, sell, distribute or otherwise transfer for use in this state any\nsimulated check unless such document bears the phrase "THIS IS NOT A\nCHECK" diagonally printed in clear and conspicuous type on the front of\nsuch document.\n 3. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the respondent of\nnot less than five days, to enjoin and restrain the continuance of such\nviolations; and if it shall appear to the satisfaction of the court or\njustice that the respondent has, in fact, violated this section, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. Whenever the court\nshall determine that a violation of this section has occurred, the court\nmay impose a civil penalty of not more than one hundred dollars for each\nviolation. In connection with any such application, the attorney general\nis authorized to take proof and make a determination of the relevant\nfacts and to issue subpoenas in accordance with the civil practice law\nand rules.\n * NB There are 2 § 396-aa's\n