State Codes and Statutes

Statutes > New-york > Bnk > Article-12-d > 592

§ 592.  Application  process  to  receive  license  to  engage  in the  business of mortgage banking. 1. Upon the filing of an application for a  license,  if  the  superintendent  shall   find   that   the   financial  responsibility,  experience,  character,  and  general  fitness  of  the  applicant  and  of  the  members  thereof  if   the   applicant   is   a  co-partnership or association, and of the officers and directors thereof  if  the applicant is a corporation are such as to command the confidence  of the community and  to  warrant  belief  that  the  business  will  be  operated  honestly,  fairly,  and efficiently within the purpose of this  article, the superintendent shall thereupon issue a license in duplicate  to engage in the business of making mortgage loans described in  section  five  hundred  ninety  of  this article in accordance with provisions of  this  article.  If  the  superintendent   shall   not   so   find,   the  superintendent  shall  not  issue  such  license, and the superintendent  shall notify the applicant  of  the  denial.  The  superintendent  shall  transmit  one  copy of such license to the applicant and file another in  the office of the banking department.  Upon receipt of such  license,  a  mortgage  banker shall be authorized to engage in the business of making  mortgage loans in accordance with the provisions of this  article.  Such  license shall remain in full force and effect until it is surrendered by  the  licensee  or  revoked  or  suspended  as  hereinafter provided. The  superintendent shall approve  or  deny  every  application  for  license  hereunder  within ninety days from the filing of a completed application  provided, however, that failure to  act  within  the  prescribed  period  shall not be deemed approval of any such application.    2.  The  superintendent may refuse to issue a license pursuant to this  article if he or she shall find that the applicant, or any person who is  a director, officer, partner, agent, employee,  substantial  stockholder  of  the  applicant,  consultant or person having a relationship with the  applicant similar to a consultant, (a) has been  convicted  of  a  crime  involving  an  activity  which  is  a felony under this chapter or under  article  one  hundred  fifty-five,  one  hundred  seventy,  one  hundred  seventy-five,  one  hundred seventy-six, one hundred eighty, one hundred  eighty-five, one hundred eighty-seven, one hundred ninety, two  hundred,  two  hundred  ten  or  four  hundred  seventy  of  the  penal law or any  comparable felony under the laws  of  any  other  state  or  the  United  States,  provided  that  such  crime  would be a felony if committed and  prosecuted under the laws of this state or (b)  has  had  a  license  or  registration  revoked  by the superintendent or (c) has been a director,  partner, or substantial stockholder of an entity which has had a license  or registration revoked by the superintendent or (d) has been an  agent,  employee  or  officer of an entity, or a consultant to, or person having  had a similar relationship with, any entity which has had a  license  or  registration  revoked by the superintendent where such person shall have  been found by the superintendent to bear  responsibility  in  connection  with the revocation. The term "substantial stockholder", as used in this  subdivision,  shall be deemed to refer to a person owning or controlling  directly or indirectly ten per centum or more of the  total  outstanding  stock of a corporation.

State Codes and Statutes

Statutes > New-york > Bnk > Article-12-d > 592

§ 592.  Application  process  to  receive  license  to  engage  in the  business of mortgage banking. 1. Upon the filing of an application for a  license,  if  the  superintendent  shall   find   that   the   financial  responsibility,  experience,  character,  and  general  fitness  of  the  applicant  and  of  the  members  thereof  if   the   applicant   is   a  co-partnership or association, and of the officers and directors thereof  if  the applicant is a corporation are such as to command the confidence  of the community and  to  warrant  belief  that  the  business  will  be  operated  honestly,  fairly,  and efficiently within the purpose of this  article, the superintendent shall thereupon issue a license in duplicate  to engage in the business of making mortgage loans described in  section  five  hundred  ninety  of  this article in accordance with provisions of  this  article.  If  the  superintendent   shall   not   so   find,   the  superintendent  shall  not  issue  such  license, and the superintendent  shall notify the applicant  of  the  denial.  The  superintendent  shall  transmit  one  copy of such license to the applicant and file another in  the office of the banking department.  Upon receipt of such  license,  a  mortgage  banker shall be authorized to engage in the business of making  mortgage loans in accordance with the provisions of this  article.  Such  license shall remain in full force and effect until it is surrendered by  the  licensee  or  revoked  or  suspended  as  hereinafter provided. The  superintendent shall approve  or  deny  every  application  for  license  hereunder  within ninety days from the filing of a completed application  provided, however, that failure to  act  within  the  prescribed  period  shall not be deemed approval of any such application.    2.  The  superintendent may refuse to issue a license pursuant to this  article if he or she shall find that the applicant, or any person who is  a director, officer, partner, agent, employee,  substantial  stockholder  of  the  applicant,  consultant or person having a relationship with the  applicant similar to a consultant, (a) has been  convicted  of  a  crime  involving  an  activity  which  is  a felony under this chapter or under  article  one  hundred  fifty-five,  one  hundred  seventy,  one  hundred  seventy-five,  one  hundred seventy-six, one hundred eighty, one hundred  eighty-five, one hundred eighty-seven, one hundred ninety, two  hundred,  two  hundred  ten  or  four  hundred  seventy  of  the  penal law or any  comparable felony under the laws  of  any  other  state  or  the  United  States,  provided  that  such  crime  would be a felony if committed and  prosecuted under the laws of this state or (b)  has  had  a  license  or  registration  revoked  by the superintendent or (c) has been a director,  partner, or substantial stockholder of an entity which has had a license  or registration revoked by the superintendent or (d) has been an  agent,  employee  or  officer of an entity, or a consultant to, or person having  had a similar relationship with, any entity which has had a  license  or  registration  revoked by the superintendent where such person shall have  been found by the superintendent to bear  responsibility  in  connection  with the revocation. The term "substantial stockholder", as used in this  subdivision,  shall be deemed to refer to a person owning or controlling  directly or indirectly ten per centum or more of the  total  outstanding  stock of a corporation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-12-d > 592

§ 592.  Application  process  to  receive  license  to  engage  in the  business of mortgage banking. 1. Upon the filing of an application for a  license,  if  the  superintendent  shall   find   that   the   financial  responsibility,  experience,  character,  and  general  fitness  of  the  applicant  and  of  the  members  thereof  if   the   applicant   is   a  co-partnership or association, and of the officers and directors thereof  if  the applicant is a corporation are such as to command the confidence  of the community and  to  warrant  belief  that  the  business  will  be  operated  honestly,  fairly,  and efficiently within the purpose of this  article, the superintendent shall thereupon issue a license in duplicate  to engage in the business of making mortgage loans described in  section  five  hundred  ninety  of  this article in accordance with provisions of  this  article.  If  the  superintendent   shall   not   so   find,   the  superintendent  shall  not  issue  such  license, and the superintendent  shall notify the applicant  of  the  denial.  The  superintendent  shall  transmit  one  copy of such license to the applicant and file another in  the office of the banking department.  Upon receipt of such  license,  a  mortgage  banker shall be authorized to engage in the business of making  mortgage loans in accordance with the provisions of this  article.  Such  license shall remain in full force and effect until it is surrendered by  the  licensee  or  revoked  or  suspended  as  hereinafter provided. The  superintendent shall approve  or  deny  every  application  for  license  hereunder  within ninety days from the filing of a completed application  provided, however, that failure to  act  within  the  prescribed  period  shall not be deemed approval of any such application.    2.  The  superintendent may refuse to issue a license pursuant to this  article if he or she shall find that the applicant, or any person who is  a director, officer, partner, agent, employee,  substantial  stockholder  of  the  applicant,  consultant or person having a relationship with the  applicant similar to a consultant, (a) has been  convicted  of  a  crime  involving  an  activity  which  is  a felony under this chapter or under  article  one  hundred  fifty-five,  one  hundred  seventy,  one  hundred  seventy-five,  one  hundred seventy-six, one hundred eighty, one hundred  eighty-five, one hundred eighty-seven, one hundred ninety, two  hundred,  two  hundred  ten  or  four  hundred  seventy  of  the  penal law or any  comparable felony under the laws  of  any  other  state  or  the  United  States,  provided  that  such  crime  would be a felony if committed and  prosecuted under the laws of this state or (b)  has  had  a  license  or  registration  revoked  by the superintendent or (c) has been a director,  partner, or substantial stockholder of an entity which has had a license  or registration revoked by the superintendent or (d) has been an  agent,  employee  or  officer of an entity, or a consultant to, or person having  had a similar relationship with, any entity which has had a  license  or  registration  revoked by the superintendent where such person shall have  been found by the superintendent to bear  responsibility  in  connection  with the revocation. The term "substantial stockholder", as used in this  subdivision,  shall be deemed to refer to a person owning or controlling  directly or indirectly ten per centum or more of the  total  outstanding  stock of a corporation.