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N.Y. Banking Law § 352

Acts required of licensees; acts prohibited

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →

§ 352. Acts required of licensees; acts prohibited. Every licensee\nshall:\n Deliver to the borrower at the time any loan is made or prior to the\nfirst advance under an open-end loan agreement a statement, in the\nEnglish language showing in clear and distinct terms the name and\naddress of the borrower and of the licensee and all items required to be\ndisclosed by the act of congress entitled "Truth in Lending Act" and the\nregulations thereunder, as such act and regulations may from time to\ntime be amended.\n For each cash payment made on account of any closed-end loan, give to\nthe person making it at the time the payment is made, a plain and\ncomplete receipt containing the information required by regulations of\nthe superintendent.\n Permit payment to be made in advance in any amount on any loan\nagreement at any time, but the licensee may initially apply such payment\nto all interest and other charges due to the date of such payment.\n Upon repayment of the loan in full, mark indelibly every obligation\nsigned by the borrower or a copy thereof with the word "paid" or\n"cancelled", and release any mortgage or security agreement no longer\nsecuring an obligation of the borrower, restore any pledge, cancel and\nreturn any note or a copy thereof, and cancel and return any assignment\nor a copy thereof given to the licensee by the borrower. An open-end\nloan shall not be deemed to be repaid in full for this purpose unless\nany balance is paid in full and the borrower relinquishes all power to\nreceive further advances under the contract and makes a written request\nfor the release of all collateral for the loan. Every licensee which\nholds collateral of a borrower shall be fully liable for the return of\nthe collateral upon payment of the indebtedness in full.\n No licensee shall take any confession of judgment or any power of\nattorney running to himself or to any third person to confess judgment\nor to appear for the borrower in a judicial proceeding.\n No licensee shall take any instrument in which blanks are left to be\nfilled in after execution.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.