N.Y. Comp. Codes R. & Regs. tit. 23 § 101.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 101.2 - Definitions

The following definitions apply in this Part:

(a) Total Operating Cost means

(1) the sum of the total operating expenses of the Department that are solely attributable to its oversight of persons regulated under the Banking Law and

(2) the proportion deemed just and reasonable by the Superintendent of the other operating expenses of the Department which under FSL section 206(a) may be assessed against persons regulated under the Banking Law and other persons regulated by the Department.

(b) Industry Group means the grouping to which a business entity regulated under the Banking Law is assigned. The three Industry Groups are:

(1) The Depository Institutions Group, which consists of all banking organizations and foreign banking corporations licensed by the Department to maintain a branch, agency or representative office in this state;

(2) The Mortgage-Related Entities Group, which consists of all mortgage brokers, mortgage bankers and mortgage loan servicers; and

(3) The Licensed Financial Services Providers Group, which consists of all check cashers, budget planners, licensed lenders, sales finance companies, premium finance companies and money transmitters.

(c) Industry Group Operating Cost means the amount of the Total Operating Cost assessed to a particular Industry Group in any fiscal year. The amount is derived from the percentage of the total expenses for salaries, fringe benefits and indirect costs incurred for the examining, specialist and related personnel represented by such costs for the particular Industry Group.

(d) Industry Group Supervisory Component means the total of the Supervisory Components for all institutions in that Industry Group.

(e) Supervisory Component for an individual institution means the product of the average number of hours attributed to supervisory oversight by examiners and specialists of all institutions of a similar size and type, as determined by the Superintendent, in the applicable Industry Group, or the applicable sub-group, and the average hourly cost of the examiners and specialists assigned to the applicable Industry Group or sub-group.

(f) Industry Group Regulatory Component means the Industry Group Operating Cost for that group minus the Industry Group Supervisory Component and certain miscellaneous fees such as application fees.

(g) Industry Financial Basis means the measurement tool used to distribute the Industry Group Regulatory Component among individual institutions in an Industry Group. The Industry Financial Basis used for each Industry Group is as follows:

(1) For the Depository Institutions Group: total assets of all institutions in the group;

(2) For the Mortgage-Related Entities Group: total gross revenues from New York State operations, including servicing and secondary market revenues, for all institutions in the group; and

(3) For the Licensed Financial Services Providers Group:

(i.) for budget planners, the number of New York customers;

(ii.) for licensed lenders, the dollar amount of credit extensions in New York;

(iii.) for check cashers, the dollar amount of checks cashed in New York;

(iv.) for money transmitters, the dollar value of all New York transactions;

(v.) for premium finance companies, the dollar value of loans originated in New York; and

(vi.) for sales finance companies, the dollar value of credit extensions in New York.

(h) Financial Basis for an individual institution is that institution's portion of the measurement tool used in subdivision (g) of this section to develop the Industry Financial Basis. (For example, in the case of the Depository Institutions Group, an entity's Financial Basis would be its total assets.)

(i) Industry Group Regulatory Rate means the result of dividing the Industry Group Regulatory Component by the Industry Financial Basis.

(j) Regulatory Component for an individual institution is the product of the Financial Basis for the individual institution multiplied by the Industry Group Regulatory Rate for that institution.

N.Y. Comp. Codes R. & Regs. Tit. 23 § 101.2

Adopted New York State Register February 12, 2020/Volume XLII, Issue 06, eff. 2/12/2020