2012 New York Consolidated Laws
FIS - Financial Services Law
Article 1 - (101 - 104) GENERAL PROVISIONS
104 - Definitions.

 
    §  104. Definitions. (a) In this chapter, unless the context otherwise
  requires:
    (1) "Department" shall mean the department of financial services.
    (2) "Financial product or  service"  shall  mean:  (A)  any  financial
  product or financial service offered or provided by any person regulated
  or  required  to  be  regulated  by  the  superintendent pursuant to the
  banking law or the insurance law or any  financial  product  or  service
  offered  or sold to consumers except financial products or services: (i)
  regulated under the  exclusive  jurisdiction  of  a  federal  agency  or
  authority,  (ii)  regulated  for  the  purpose  of  consumer or investor
  protection by any other state agency, state department or  state  public
  authority,  or  (iii)  where  rules  or  regulations  promulgated by the
  superintendent on such financial product or service would  be  preempted
  by federal law; and
    (B)  "Financial  product  or  service"  shall  also  not  include  the
  following, when offered or provided by a provider of consumer  goods  or
  services:     (i)  the  extension  of  credit  directly  to  a  consumer
  exclusively for the purpose of enabling that consumer to  purchase  such
  consumer  good  or service directly from the seller, (ii) the collection
  of debt arising from such credit, or (iii) the  sale  or  conveyance  of
  such debt that is delinquent or otherwise in default.
    (2-a)  A  "financial  product  or service regulated for the purpose of
  consumer or investor protection": (A) shall include (i) any  product  or
  service for which registration or licensing is required or for which the
  offeror  or  provider  is required to be registered or licensed by state
  law, (ii) any product or service as to which provisions for consumer  or
  investor  protection  are  specifically  set  forth  for such product or
  service by state statute or regulation and (iii) securities, commodities
  and real property subject to the provisions of article twenty-three-a of
  the general business law, and (B) shall not include products or services
  solely subject to other general laws or regulations for  the  protection
  of consumers or investors.
    (3)  "Person"  shall  mean  any  individual, partnership, corporation,
  association or any other entity.
    (4) "Regulated person" or "person regulated" shall mean any person (A)
  operating under or required to operate under  a  license,  registration,
  certificate or authorization under the insurance law or the banking law,
  (B)  authorized,  accredited, chartered or incorporated or possessing or
  required to possess other similar status under the insurance law or  the
  banking  law,  or  (C)  regulated by the superintendent pursuant to this
  chapter.
    (5)  "Superintendent"  shall  mean  the  superintendent  of  financial
  services of this state.
    (b)  Whenever  the  terms  "include",  "including" or terms of similar
  import appear in this chapter, unless the  context  requires  otherwise,
  such  terms shall not be construed to imply the exclusion of any person,
  class or thing not specifically included.
    (c) A reference in this chapter to any other law or  statute  of  this
  state,  or  of  any  other  jurisdiction,  means  such law or statute as
  amended to the effective date of this chapter, and  unless  the  context
  otherwise requires, as amended thereafter.