17 - Expenses of department; assessments. - New York Statutes

§ 17. Expenses of department; assessments. 1. All expenses, including the compensation of officers and employees of the department, incurred in and about the conduct of the business of the department, except expenses incurred in the liquidation of banking organizations, including compensation of officers and employees engaged primarily in such liquidation, shall be paid out of the state treasury on the certificate of the superintendent upon the audit and warrant of the comptroller. The state treasury shall be reimbursed by payments thereto by the superintendent of fees and assessments collected by him or her in accordance with this section. 2. All general expenses, including in addition to the direct costs of personal service, the cost of maintenance and operation, the cost of retirement contributions made and workers' compensation premiums paid by the state for or on account of personnel, rentals for space occupied in state owned or state leased buildings and all other direct or indirect costs, incurred in connection with the supervision of any person or entity licensed, registered, or incorporated or otherwise formed pursuant to this chapter shall be charged to and paid by them in such proportions as the superintendent shall deem just and reasonable. The provisions of this subdivision shall not be applicable to a bank holding company, as that term is defined in article three-A of this chapter. The superintendent shall require that partial payments of the charges for expenses of each fiscal year commencing on or after April first, nineteen hundred eighty-three shall be paid on March tenth of the preceding fiscal year and on June tenth, September tenth and December tenth of the fiscal year, or on such other dates as the superintendent may prescribe. Each such payment shall be equal to twenty-five per centum of the charges, or such other per centum or per centums as the superintendent may prescribe, for the fiscal year as estimated by the superintendent. The balance of the expenses shall be charged and paid upon the determination of the actual amount due. An overpayment of charges resulting from the requirements of this subdivision shall be refunded or at the option of the assessed shall be applied as a credit against the charges for the succeeding fiscal year. As an alternative, if the estimated annual charge for the fiscal year is equal to or less than the annual minimum assessment set by the superintendent, the superintendent may require full payment to be made on or before September thirtieth or such other date of the fiscal year as the superintendent may determine. 3. The expenses incurred in making examinations of, or for special services performed on account of, any bank holding company, as that term is defined in article three-A of this chapter, or any other person or entity licensed, registered, or incorporated or otherwise formed pursuant to this chapter, shall be assessed as provided in subdivision two of this section; provided, however, the superintendent, in his or her sole discretion, may determine, with respect to expenses incurred in the making of any specific examination or investigation, or the performing of any special services, that any such expense shall be assessed against and paid by the bank holding company or any other person or entity licensed, registered, or incorporated or otherwise formed pursuant to this chapter for which they were incurred or performed. 4. The expenses incurred in making an examination of any affiliate of a banking organization pursuant to subdivision six of section thirty-six of this chapter, and the expenses incurred in making an examination, pursuant to subdivision six-a of section thirty-six of this chapter, of a non-banking subsidiary of a corporation or any other entity that is an affiliate of a banking organization, shall be assessed against and paidby such banking organization if the affiliate cannot be assessed pursuant to the provisions of subdivision three of this section. 5. Notwithstanding the provisions of subdivision two of section three hundred seventy-three, subdivisions two and three of section five hundred ninety-five, or any other provision of this chapter to the contrary, the superintendent may, in his or her sole discretion, upon notice, suspend any license, registration, certificate or authority granted pursuant to this chapter upon the failure of any person or entity licensed, registered, or incorporated or otherwise formed pursuant to this chapter to make any payment as required by this section upon the date or dates so designated by the superintendent, and, except as provided pursuant to subdivision one of section five hundred ninety-two-a of this chapter, the superintendent may revoke such suspended license, registration, certificate or authority, after notice and hearing, for continued failure of such person or entity to make such payment, unless the superintendent, in his or her sole discretion, extends the time for making such payment, upon good cause shown. 6. Fees as such term is used in subdivision one of this section shall mean fees charged and collected pursuant to sections eighteen and eighteen-a of this article, and article twelve-E of this chapter.