N.Y. Comp. Codes R. & Regs. tit. 3 § 108.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 108.3 - Supporting documents

(a) Except as otherwise provided in subdivisions (b) and (c) of this section every certificate submitted by a creditor pursuant to section 108.2(a) of this Supervisory Procedure shall be accompanied by the affidavit of an officer or, in the case of a non-corporate creditor, of a principal or duly authorized representative, which shall state the action taken by such creditor to insure that it is in compliance with section 296-a of the Executive Law. Such statement should include, but need not be limited to, a description of training programs for personnel, materials circulated, statements of policy and names of officials charged with overseeing compliance with section 296-a of the Executive Law, as well as any other evidence which demonstrates such compliance.

(b) If a creditor has filed an affidavit with the Banking Department pursuant to subdivision (a) of this section within the 12 months immediately preceding the date on which it files an application for which a certificate is required by section 108.2(a) of this Supervisory Procedure and there has been no change in the facts and circumstances stated in such affidavit, the creditor may so state and may file such statement in lieu of the affidavit required by subdivision (a) of this section.

(c) A creditor may elect to file an affidavit containing the information described in subdivision (a) of this section with the Banking Department at any time. A creditor who has filed such an affidavit within the 12 months immediately preceding the filing of an application for which a certification is required by section 108.2(a) of this Supervisory Procedure may, in connection with such certification and in lieu of filing the affidavit required by subdivision (a) of this section, refer to the affidavit filed pursuant to this subdivision and state that there has been no change in the facts and circumstances stated therein.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 108.3