§ 355. Solicitation of loans. 1. Any loan made by a person not\nlicensed under this article to a resident of this state, in the amount,\nnot exceeding the maximum amounts prescribed in section three hundred\nforty of this article, where solicitation of the loan was made within\nthis state, and where the interest, discount, consideration or other\ncharge contracted for or received exceeds that permitted to a licensee\nunder the laws of this state shall be void, and the lender shall have no\nright to collect or receive any principal, interest or charge\nwhatsoever. No action to enforce a loan made in violation of this\nsubdivision may be maintained, even though the amount demanded to be\npaid in such action does not exceed that permitted to a licensee under\nthe laws of this state.\n 2. For purposes of this article, solicitation of a loan shall include\nany solicitation, request or inducement to enter into a loan made by\nmeans of or through a direct mailing, television or radio announcement\nor advertisement, advertisement in a newspaper, magazine, leaflet or\npamphlet distributed within this state, or visual display within this\nstate, whether or not such solicitation, request or inducement\nconstitutes an offer to enter into a contract.\n
N.Y. Banking Law § 355
Solicitation of loans
2014-09-22
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.