2006 New York Code - Orders Of Superintendent.

 
    § 39.  Orders  of superintendent. 1. To appear and explain an apparent
  violation. Whenever it shall  appear  to  the  superintendent  that  any
  banking  organization, bank holding company, registered mortgage broker,
  licensed mortgage banker, licensed lender, licensed  casher  of  checks,
  licensed  sales  finance  company,  licensed  insurance  premium finance
  agency,  licensed  transmitter  of  money,  licensed   budget   planner,
  out-of-state  state  bank  that  maintains  a branch or branches in this
  state, or foreign banking corporation licensed by the superintendent  to
  do  business  or  maintain  a  representative  office  in this state has
  violated any law or regulation, he or she may, in his or her discretion,
  issue an order describing such apparent  violation  and  requiring  such
  banking  organization, bank holding company, registered mortgage broker,
  licensed mortgage banker, licensed lender, licensed  casher  of  checks,
  licensed  sales  finance  company,  licensed  insurance  premium finance
  agency,  licensed  transmitter  of  money,  licensed   budget   planner,
  out-of-state  state  bank  that  maintains  a branch or branches in this
  state, or foreign banking corporation to appear before him or her, at  a
  time  and  place  fixed in said order, to present an explanation of such
  apparent violation.
    2. To  discontinue  unauthorized  or  unsafe  and  unsound  practices.
  Whenever  it  shall  appear  to  the  superintendent  that  any  banking
  organization, bank holding company, registered mortgage broker, licensed
  mortgage banker, licensed lender, licensed casher  of  checks,  licensed
  sales  finance  company,  licensed  insurance  premium  finance  agency,
  licensed transmitter of money,  licensed  budget  planner,  out-of-state
  state bank that maintains a branch or branches in this state, or foreign
  banking  corporation  licensed  by  the superintendent to do business in
  this state is conducting business  in  an  unauthorized  or  unsafe  and
  unsound  manner, he or she may, in his or her discretion, issue an order
  directing the discontinuance of such unauthorized or unsafe and  unsound
  practices,   and   fixing  a  time  and  place  at  which  such  banking
  organization, bank holding company, registered mortgage broker, licensed
  mortgage banker, licensed lender, licensed casher  of  checks,  licensed
  sales  finance  company,  licensed  insurance  premium  finance  agency,
  licensed transmitter of money,  licensed  budget  planner,  out-of-state
  state bank that maintains a branch or branches in this state, or foreign
  banking  corporation may voluntarily appear before him or her to present
  any explanation in defense of the practices directed in said order to be
  discontinued.
    3. To make good impairment of capital or  to  ensure  compliance  with
  financial  requirements.  Whenever it shall appear to the superintendent
  that the capital or capital stock  of  any  banking  organization,  bank
  holding  company  or any subsidiary thereof which is organized, licensed
  or registered pursuant to this chapter, is impaired,  or  the  financial
  requirements  imposed by subdivision one of section two hundred two-b of
  this chapter or any regulation of  the  superintendent  or  the  banking
  board  on  any  branch or agency of a foreign banking corporation or the
  financial requirements imposed by this chapter or any regulation of  the
  superintendent  or  banking  board  on  any  licensed lender, registered
  mortgage broker, licensed mortgage banker, licensed  casher  of  checks,
  licensed  sales  finance  company,  licensed  insurance  premium finance
  agency, licensed  transmitter  of  money,  licensed  budget  planner  or
  private  banker  are  not  satisfied,  he  or  she  may,  in  his or her
  discretion, issue an order directing  that  such  banking  organization,
  bank holding company, branch or agency of a foreign banking corporation,
  registered  mortgage  broker, licensed mortgage banker, licensed lender,
  licensed casher of checks,  licensed  sales  finance  company,  licensed
  insurance   premium  finance  agency,  licensed  transmitter  of  money,
  licensed budget planner, or private banker  make  good  such  deficiency
  forthwith or within a time specified in such order.
    4. To make good encroachments on reserves. Whenever it shall appear to
  the superintendent that either the total reserves or reserves on hand of
  any  banking  organization,  branch  or  agency  of  a  foreign  banking
  corporation are below the amount required by or pursuant to this chapter
  or any other applicable provision of law or regulation to be maintained,
  or that such banking organization, branch or agency of a foreign banking
  corporation is not keeping its reserves on  hand  as  required  by  this
  chapter  or  any  other applicable provision of law or regulation, he or
  she may, in his or her discretion, issue an order  directing  that  such
  banking  organization, branch or agency of a foreign banking corporation
  make good such reserves forthwith or within a  time  specified  in  such
  order, or that it keep its reserves on hand as required by this chapter.
    5.  To keep books and accounts as prescribed. Whenever it shall appear
  to the  superintendent  that  any  banking  organization,  bank  holding
  company,   registered  mortgage  broker  or  licensed  mortgage  banker,
  licensed lender, licensed  casher  of  checks,  licensed  sales  finance
  company, licensed insurance premium finance agency, licensed transmitter
  of money, licensed budget planner, agency or branch of a foreign banking
  corporation licensed by the superintendent to do business in this state,
  does  not keep its books and accounts in such manner as to enable him or
  her to readily ascertain its true condition, he or she may,  in  his  or
  her discretion, issue an order requiring such banking organization, bank
  holding  company,  registered mortgage broker, licensed mortgage banker,
  licensed lender, licensed  casher  of  checks,  licensed  sales  finance
  company, licensed insurance premium finance agency, licensed transmitter
  of  money,  licensed  budget planner, or foreign banking corporation, or
  the officers or agents thereof, or any of them, to open  and  keep  such
  books  or accounts as he or she may, in his or her discretion, determine
  and prescribe for the purpose of keeping accurate and convenient records
  of its transactions and accounts.
    6. As used in this section, "bank holding company" shall have the same
  meaning as that term is defined in section one hundred forty-one of this
  chapter, except that such definition is modified by deleting the  phrase
  "each  of  two  or  more"  and  substituting  the word "institution" for
  "institutions".