N.Y. Banking Law § 39

§ 39. Orders of superintendent. 1. To appear and explain an apparent\nviolation. Whenever it shall appear to the superintendent that any\nbanking organization, bank holding company, registered mortgage broker,\nlicensed mortgage banker, registered mortgage loan servicer, licensed\nmortgage loan originator, licensed lender, licensed casher of checks,\nlicensed sales finance company, licensed insurance premium finance\nagency, licensed transmitter of money, licensed budget planner,\nout-of-state state bank that maintains a branch or branches or\nrepresentative or other offices in this state, or foreign banking\ncorporation licensed by the superintendent to do business or maintain a\nrepresentative office in this state has violated any law or regulation,\nhe or she may, in his or her discretion, issue an order describing such\napparent violation and requiring such banking organization, bank holding\ncompany, registered mortgage broker, licensed mortgage banker, licensed\nmortgage loan originator, licensed lender, licensed casher of checks,\nlicensed sales finance company, licensed insurance premium finance\nagency, licensed transmitter of money, licensed budget planner,\nout-of-state state bank that maintains a branch or branches or\nrepresentative or other offices in this state, or foreign banking\ncorporation to appear before him or her, at a time and place fixed in\nsaid order, to present an explanation of such apparent violation.\n 2. To discontinue unauthorized or unsafe and unsound practices.\nWhenever it shall appear to the superintendent that any banking\norganization, bank holding company, registered mortgage broker, licensed\nmortgage banker, registered mortgage loan servicer, licensed mortgage\nloan originator, licensed lender, licensed casher of checks, licensed\nsales finance company, licensed insurance premium finance agency,\nlicensed transmitter of money, licensed budget planner, out-of-state\nstate bank that maintains a branch or branches or representative or\nother offices in this state, or foreign banking corporation licensed by\nthe superintendent to do business in this state is conducting business\nin an unauthorized or unsafe and unsound manner, he or she may, in his\nor her discretion, issue an order directing the discontinuance of such\nunauthorized or unsafe and unsound practices, and fixing a time and\nplace at which such banking organization, bank holding company,\nregistered mortgage broker, licensed mortgage banker, registered\nmortgage loan servicer, licensed mortgage loan originator, licensed\nlender, licensed casher of checks, licensed sales finance company,\nlicensed insurance premium finance agency, licensed transmitter of\nmoney, licensed budget planner, out-of-state state bank that maintains a\nbranch or branches or representative or other offices in this state, or\nforeign banking corporation may voluntarily appear before him or her to\npresent any explanation in defense of the practices directed in said\norder to be discontinued.\n 3. To make good impairment of capital or to ensure compliance with\nfinancial requirements. Whenever it shall appear to the superintendent\nthat the capital or capital stock of any banking organization, bank\nholding company or any subsidiary thereof which is organized, licensed\nor registered pursuant to this chapter, is impaired, or the financial\nrequirements imposed by subdivision one of section two hundred two-b of\nthis chapter or any regulation of the superintendent on any branch or\nagency of a foreign banking corporation or the financial requirements\nimposed by this chapter or any regulation of the superintendent on any\nlicensed lender, registered mortgage broker, licensed mortgage banker,\nlicensed casher of checks, licensed sales finance company, licensed\ninsurance premium finance agency, licensed transmitter of money,\nlicensed budget planner or private banker are not satisfied, the\nsuperintendent may, in the superintendent's discretion, issue an order\ndirecting that such banking organization, bank holding company, branch\nor agency of a foreign banking corporation, registered mortgage broker,\nlicensed mortgage banker, licensed lender, licensed casher of checks,\nlicensed sales finance company, licensed insurance premium finance\nagency, licensed transmitter of money, licensed budget planner, or\nprivate banker make good such deficiency forthwith or within a time\nspecified in such order.\n 4. To make good encroachments on reserves. Whenever it shall appear to\nthe superintendent that either the total reserves or reserves on hand of\nany banking organization, branch or agency of a foreign banking\ncorporation are below the amount required by or pursuant to this chapter\nor any other applicable provision of law or regulation to be maintained,\nor that such banking organization, branch or agency of a foreign banking\ncorporation is not keeping its reserves on hand as required by this\nchapter or any other applicable provision of law or regulation, he or\nshe may, in his or her discretion, issue an order directing that such\nbanking organization, branch or agency of a foreign banking corporation\nmake good such reserves forthwith or within a time specified in such\norder, or that it keep its reserves on hand as required by this chapter.\n 5. To keep books and accounts as prescribed. Whenever it shall appear\nto the superintendent that any banking organization, bank holding\ncompany, registered mortgage broker, licensed mortgage banker,\nregistered mortgage loan servicer, licensed mortgage loan originator,\nlicensed lender, licensed casher of checks, licensed sales finance\ncompany, licensed insurance premium finance agency, licensed transmitter\nof money, licensed budget planner, agency or branch of a foreign banking\ncorporation licensed by the superintendent to do business in this state,\ndoes not keep its books and accounts in such manner as to enable him or\nher to readily ascertain its true condition, he or she may, in his or\nher discretion, issue an order requiring such banking organization, bank\nholding company, registered mortgage broker, licensed mortgage banker,\nregistered mortgage loan servicer, licensed mortgage loan originator,\nlicensed lender, licensed casher of checks, licensed sales finance\ncompany, licensed insurance premium finance agency, licensed transmitter\nof money, licensed budget planner, or foreign banking corporation, or\nthe officers or agents thereof, or any of them, to open and keep such\nbooks or accounts as he or she may, in his or her discretion, determine\nand prescribe for the purpose of keeping accurate and convenient records\nof its transactions and accounts.\n 6. As used in this section, "bank holding company" shall have the same\nmeaning as that term is defined in section one hundred forty-one of this\nchapter.\n