State Codes and Statutes

Statutes > New-york > Isc > Article-64 > 6403

§  6403. Management and powers of title insurance corporation. (a) The  business and affairs of  every  title  insurance  corporation  shall  be  managed under the direction of its board of directors.    (b) Every title insurance corporation shall, subject to the exceptions  and  restrictions  contained  in  this  chapter,  have  power  to do, in  addition to the powers granted by the business corporation law, only the  following kinds or  any  of  the  kinds  of  business,  of  which  those  specified  in  paragraphs  one  and  two hereof shall be deemed doing an  insurance business:    (1) To make and to guarantee  the  correctness  of  searches  for  all  instruments  affecting  titles  to  real  property,  chattels  real, and  cooperative units and proprietary leases, and for all liens  or  charges  affecting the same.    (2) To issue title insurance policies.    (3)  To  examine  titles  to  real  property  and chattels real and to  procure and furnish information in  relation  thereto  and  to  personal  property used in connection therewith.    (4)  To  invest  in,  purchase  and  sell  mortgages upon improved and  unencumbered real property appraised for at least fifty per centum  more  than  the amount loaned thereon or obligations secured by such mortgages  or senior participations or interests therein, without guaranteeing  the  performance  of  any  contract in respect thereto or the guaranteeing of  payment of taxes, penalties, foreclosure costs or  other  expenses  with  respect  to the same. "Senior participation", in this section, means all  that portion or portions of the obligation secured by a  first  mortgage  which  has  legal  priority  over  all other portion or portions of such  obligation, known as junior participation.    (5) To invest in or acquire for resale, (i) obligations secured  by  a  mortgage  (including any part of an issue of such obligations) which are  insured or committed to be insured by the Federal Housing Administrator,  or (ii) debentures lawfully issued by the Federal Housing Administrator.    (6) To act as agent in fact for investors  in,  and  the  holders  of,  mortgages  or  obligations mentioned in paragraphs four and five hereof,  and interests therein, in the purchase, sale and servicing  thereof;  to  act  as  agent  in fact for investors in supervising and inspecting land  and buildings for the purpose of  loans  to  be  made  thereon,  and  in  recommending,  without  any  guaranty  or  similar undertaking as to the  amounts of such loans and amounts to be advanced  thereon,  but  not  to  engage in the business of making real estate appraisals.    (c)  No title insurance corporation doing business in this state shall  expose itself to any loss on any one risk in an amount exceeding the sum  of its capital, surplus, statutory premium and any  voluntary  reserves,  all as shown in its most recent quarterly or annual statement filed with  the  superintendent.  Any  risk or portion thereof which shall have been  reinsured with an assuming insurer authorized to  do  such  business  in  this  state  shall  be  deducted  in  determining the limitation of risk  prescribed in this  subsection.    Credit  to  the  ceding  insurer  for  reinsurance  with an unauthorized insurer shall be allowed to the extent  permitted by a regulation of the superintendent.

State Codes and Statutes

Statutes > New-york > Isc > Article-64 > 6403

§  6403. Management and powers of title insurance corporation. (a) The  business and affairs of  every  title  insurance  corporation  shall  be  managed under the direction of its board of directors.    (b) Every title insurance corporation shall, subject to the exceptions  and  restrictions  contained  in  this  chapter,  have  power  to do, in  addition to the powers granted by the business corporation law, only the  following kinds or  any  of  the  kinds  of  business,  of  which  those  specified  in  paragraphs  one  and  two hereof shall be deemed doing an  insurance business:    (1) To make and to guarantee  the  correctness  of  searches  for  all  instruments  affecting  titles  to  real  property,  chattels  real, and  cooperative units and proprietary leases, and for all liens  or  charges  affecting the same.    (2) To issue title insurance policies.    (3)  To  examine  titles  to  real  property  and chattels real and to  procure and furnish information in  relation  thereto  and  to  personal  property used in connection therewith.    (4)  To  invest  in,  purchase  and  sell  mortgages upon improved and  unencumbered real property appraised for at least fifty per centum  more  than  the amount loaned thereon or obligations secured by such mortgages  or senior participations or interests therein, without guaranteeing  the  performance  of  any  contract in respect thereto or the guaranteeing of  payment of taxes, penalties, foreclosure costs or  other  expenses  with  respect  to the same. "Senior participation", in this section, means all  that portion or portions of the obligation secured by a  first  mortgage  which  has  legal  priority  over  all other portion or portions of such  obligation, known as junior participation.    (5) To invest in or acquire for resale, (i) obligations secured  by  a  mortgage  (including any part of an issue of such obligations) which are  insured or committed to be insured by the Federal Housing Administrator,  or (ii) debentures lawfully issued by the Federal Housing Administrator.    (6) To act as agent in fact for investors  in,  and  the  holders  of,  mortgages  or  obligations mentioned in paragraphs four and five hereof,  and interests therein, in the purchase, sale and servicing  thereof;  to  act  as  agent  in fact for investors in supervising and inspecting land  and buildings for the purpose of  loans  to  be  made  thereon,  and  in  recommending,  without  any  guaranty  or  similar undertaking as to the  amounts of such loans and amounts to be advanced  thereon,  but  not  to  engage in the business of making real estate appraisals.    (c)  No title insurance corporation doing business in this state shall  expose itself to any loss on any one risk in an amount exceeding the sum  of its capital, surplus, statutory premium and any  voluntary  reserves,  all as shown in its most recent quarterly or annual statement filed with  the  superintendent.  Any  risk or portion thereof which shall have been  reinsured with an assuming insurer authorized to  do  such  business  in  this  state  shall  be  deducted  in  determining the limitation of risk  prescribed in this  subsection.    Credit  to  the  ceding  insurer  for  reinsurance  with an unauthorized insurer shall be allowed to the extent  permitted by a regulation of the superintendent.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Isc > Article-64 > 6403

§  6403. Management and powers of title insurance corporation. (a) The  business and affairs of  every  title  insurance  corporation  shall  be  managed under the direction of its board of directors.    (b) Every title insurance corporation shall, subject to the exceptions  and  restrictions  contained  in  this  chapter,  have  power  to do, in  addition to the powers granted by the business corporation law, only the  following kinds or  any  of  the  kinds  of  business,  of  which  those  specified  in  paragraphs  one  and  two hereof shall be deemed doing an  insurance business:    (1) To make and to guarantee  the  correctness  of  searches  for  all  instruments  affecting  titles  to  real  property,  chattels  real, and  cooperative units and proprietary leases, and for all liens  or  charges  affecting the same.    (2) To issue title insurance policies.    (3)  To  examine  titles  to  real  property  and chattels real and to  procure and furnish information in  relation  thereto  and  to  personal  property used in connection therewith.    (4)  To  invest  in,  purchase  and  sell  mortgages upon improved and  unencumbered real property appraised for at least fifty per centum  more  than  the amount loaned thereon or obligations secured by such mortgages  or senior participations or interests therein, without guaranteeing  the  performance  of  any  contract in respect thereto or the guaranteeing of  payment of taxes, penalties, foreclosure costs or  other  expenses  with  respect  to the same. "Senior participation", in this section, means all  that portion or portions of the obligation secured by a  first  mortgage  which  has  legal  priority  over  all other portion or portions of such  obligation, known as junior participation.    (5) To invest in or acquire for resale, (i) obligations secured  by  a  mortgage  (including any part of an issue of such obligations) which are  insured or committed to be insured by the Federal Housing Administrator,  or (ii) debentures lawfully issued by the Federal Housing Administrator.    (6) To act as agent in fact for investors  in,  and  the  holders  of,  mortgages  or  obligations mentioned in paragraphs four and five hereof,  and interests therein, in the purchase, sale and servicing  thereof;  to  act  as  agent  in fact for investors in supervising and inspecting land  and buildings for the purpose of  loans  to  be  made  thereon,  and  in  recommending,  without  any  guaranty  or  similar undertaking as to the  amounts of such loans and amounts to be advanced  thereon,  but  not  to  engage in the business of making real estate appraisals.    (c)  No title insurance corporation doing business in this state shall  expose itself to any loss on any one risk in an amount exceeding the sum  of its capital, surplus, statutory premium and any  voluntary  reserves,  all as shown in its most recent quarterly or annual statement filed with  the  superintendent.  Any  risk or portion thereof which shall have been  reinsured with an assuming insurer authorized to  do  such  business  in  this  state  shall  be  deducted  in  determining the limitation of risk  prescribed in this  subsection.    Credit  to  the  ceding  insurer  for  reinsurance  with an unauthorized insurer shall be allowed to the extent  permitted by a regulation of the superintendent.