2012 New York Consolidated Laws
FIS - Financial Services Law
Article 5 - (501) RESTRICTIONS ON OFFICERS AND EMPLOYEES OF THE DEPARTMENT
501 - Restrictions on officers and employees of the department; penalty.


NY Fin Serv L § 501 (2012) What's This?
 
    §  501.  Restrictions  on  officers  and  employees of the department;
  penalty. (a) No officer or employee of the  department  shall  obtain  a
  loan  or  extension of credit from any regulated person or be interested
  in any such regulated person as a  director,  partner,  owner,  officer,
  attorney, agent, trustee or employee, or own or deal in, either directly
  or indirectly, the stocks or obligations of any such regulated person. A
  violation  of  the provisions of this section by any officer or employee
  shall constitute sufficient grounds  for  his  or  her  removal  by  the
  superintendent.
    (b) Nothing in this section shall be construed to prohibit any officer
  or employee from obtaining financing from a regulated person upon his or
  her  primary or secondary residence, provided that the premises securing
  such loan are occupied by such employee, and further provided that  such
  loan  is  reported to the department, which shall keep a record thereof.
  The term "residence," for the purposes of this  section,  shall  mean  a
  single   family  or  two  family  residence,  condominium  apartment  or
  cooperative apartment, occupied in whole or in part, by the  officer  or
  employee.  The  term  "cooperative  apartment"  means  a residence where
  ownership is evidenced by certificates of stock or other evidence of  an
  ownership  interest  in,  and a proprietary lease from, a corporation or
  partnership formed for the purpose of the cooperative ownership of  real
  estate.
    (c) Nothing in this section shall be construed to prohibit any officer
  or  employee  from: (1) obtaining a loan secured by an assignment of his
  or her deposit in a banking organization, or an assignment or pledge  of
  his or her shares in a savings and loan association or credit union; (2)
  accepting  financing  of an automobile, truck or other personal property
  from a banking organization or a sales  finance  company;  (3)  entering
  into  a  premium finance agreement with a premium finance agency; or (4)
  owning  shares  of  an  investment  company  (mutual  fund)   that   may
  incidentally  invest in the securities of any regulated person, provided
  that the purpose of the investment portfolio of such investment  company
  may  not  be  to  invest  primarily  or exclusively in the securities of
  banking or insurance entities. For purposes of this section,  investment
  companies  include open-end and closed-end investment companies and unit
  investment trusts as those terms are  defined  in  an  Act  of  Congress
  entitled "The Investment Company Act of 1940," as amended.
    (d)  Nothing in this section shall be construed to prevent any officer
  or employee from becoming a policyholder of any insurer or  from  taking
  out  a  loan  under  the  officer's  or  employee's insurance policy, or
  prevent or impair  the  ability  of  the  superintendent  to  act  as  a
  liquidator,   rehabilitator,   or   conservator   pursuant   to  article
  seventy-four of the insurance law or article  thirteen  of  the  banking
  law.
    (e)  The  superintendent  may  promulgate  policies and procedures for
  exempting particular employees, or classes of employees, from investment
  restrictions in subsection (a) of this section as to  regulated  persons
  with  which  such  employee  or  class  of employees has no authority or
  involvement.
    (f) This section shall not apply to investments held in a blind  trust
  approved by the superintendent or the superintendent's designee.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.