State Codes and Statutes

Statutes > New-york > Bnk > Article-12-b > 563

§ 563.  Violations and penalties. 1. Any person, including any member,  officer,  director  or  employee  of  a  licensee,   who   violates   or  participates  in  the violation of any provision of this article, or who  knowingly makes any incorrect  statement  of  a  material  fact  in  any  application,  report or statement filed pursuant to this article, or who  knowingly omits to  state  any  material  fact  necessary  to  give  the  superintendent  any  information  lawfully required by him or refuses to  permit any lawful investigation or examination, shall  be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be fined not more than five  hundred dollars or imprisoned for not more than six months or  both,  in  the discretion of the court.    2.  A  premium  finance agency's knowingly taking or receiving from or  charging an insured a greater charge than  authorized  in  this  article  shall be held and adjudged a forfeiture of all charges which the premium  finance  agreement  carries with it or which have been agreed to be paid  thereon, and if a greater charge has been paid by an insured, the person  paying the same or his legal representative may recover from the premium  finance agency twice the entire amount  of  the  charges  thus  paid  if  action is brought within two years from the time of such payment.    3.  No  licensee  shall  make,  directly  or  indirectly, orally or in  writing, or by any method, practice or device, a representation that  he  is  licensed  under  the  banking  law except that a licensee may make a  representation that he is licensed as a premium finance agency under the  banking law and is licensed to finance insurance premiums.

State Codes and Statutes

Statutes > New-york > Bnk > Article-12-b > 563

§ 563.  Violations and penalties. 1. Any person, including any member,  officer,  director  or  employee  of  a  licensee,   who   violates   or  participates  in  the violation of any provision of this article, or who  knowingly makes any incorrect  statement  of  a  material  fact  in  any  application,  report or statement filed pursuant to this article, or who  knowingly omits to  state  any  material  fact  necessary  to  give  the  superintendent  any  information  lawfully required by him or refuses to  permit any lawful investigation or examination, shall  be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be fined not more than five  hundred dollars or imprisoned for not more than six months or  both,  in  the discretion of the court.    2.  A  premium  finance agency's knowingly taking or receiving from or  charging an insured a greater charge than  authorized  in  this  article  shall be held and adjudged a forfeiture of all charges which the premium  finance  agreement  carries with it or which have been agreed to be paid  thereon, and if a greater charge has been paid by an insured, the person  paying the same or his legal representative may recover from the premium  finance agency twice the entire amount  of  the  charges  thus  paid  if  action is brought within two years from the time of such payment.    3.  No  licensee  shall  make,  directly  or  indirectly, orally or in  writing, or by any method, practice or device, a representation that  he  is  licensed  under  the  banking  law except that a licensee may make a  representation that he is licensed as a premium finance agency under the  banking law and is licensed to finance insurance premiums.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-12-b > 563

§ 563.  Violations and penalties. 1. Any person, including any member,  officer,  director  or  employee  of  a  licensee,   who   violates   or  participates  in  the violation of any provision of this article, or who  knowingly makes any incorrect  statement  of  a  material  fact  in  any  application,  report or statement filed pursuant to this article, or who  knowingly omits to  state  any  material  fact  necessary  to  give  the  superintendent  any  information  lawfully required by him or refuses to  permit any lawful investigation or examination, shall  be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be fined not more than five  hundred dollars or imprisoned for not more than six months or  both,  in  the discretion of the court.    2.  A  premium  finance agency's knowingly taking or receiving from or  charging an insured a greater charge than  authorized  in  this  article  shall be held and adjudged a forfeiture of all charges which the premium  finance  agreement  carries with it or which have been agreed to be paid  thereon, and if a greater charge has been paid by an insured, the person  paying the same or his legal representative may recover from the premium  finance agency twice the entire amount  of  the  charges  thus  paid  if  action is brought within two years from the time of such payment.    3.  No  licensee  shall  make,  directly  or  indirectly, orally or in  writing, or by any method, practice or device, a representation that  he  is  licensed  under  the  banking  law except that a licensee may make a  representation that he is licensed as a premium finance agency under the  banking law and is licensed to finance insurance premiums.