2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-AA - Simulated check.


NY Gen Bus L § 396-AA (2012) What's This?
 
    * §  396-aa.  Simulated  check. 1. As used in this section, "simulated
  check" means any document which is not currency or a check, draft, note,
  bond,  or  other  negotiable  instrument  but  which,  because  of   its
  appearance,  has  the  tendency to mislead or deceive any person viewing
  such document into believing that it, in fact, represents currency or  a
  negotiable  instrument  which  can  be  deposited  in a bank or used for
  third-party   payments.   "Simulated   check"   does   not   include   a
  non-negotiable  check, draft, note or other instrument which is used for
  soliciting orders for the purchase of checks, drafts,  notes,  bonds  or
  other  instruments  and which is clearly marked as a sample, specimen or
  non-negotiable.
    2. No person, firm or corporation shall produce, advertise, offer  for
  sale,  sell,  distribute or otherwise transfer for use in this state any
  simulated check unless such document bears the phrase  "THIS  IS  NOT  A
  CHECK"  diagonally printed in clear and conspicuous type on the front of
  such document.
    3. Whenever there shall be a violation of this section, an application
  may be made by the attorney general in the name of  the  people  of  the
  state of New York to a court or justice having jurisdiction by a special
  proceeding  to issue an injunction, and upon notice to the respondent of
  not less than five days, to enjoin and restrain the continuance of  such
  violations;  and  if it shall appear to the satisfaction of the court or
  justice that the respondent has, in  fact,  violated  this  section,  an
  injunction  may  be  issued  by  such  court  or  justice, enjoining and
  restraining any further violation,  without  requiring  proof  that  any
  person has, in fact, been injured or damaged thereby. Whenever the court
  shall determine that a violation of this section has occurred, the court
  may impose a civil penalty of not more than one hundred dollars for each
  violation. In connection with any such application, the attorney general
  is  authorized  to  take  proof and make a determination of the relevant
  facts and to issue subpoenas in accordance with the civil  practice  law
  and rules.
    * NB There are 2 § 396-aa's

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