N.Y. Comp. Codes R. & Regs. tit. 3 § 109.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 109.3 - Registration application

(a) Application requirements. Each applicant for registration as an MLS shall submit the following documents as part of its application:

(1) A completed application form, in the form prescribed by the superintendent, a copy of which is available on the department's website, which application shall be attested to by the applicant.

(2) Fingerprint cards with fingerprint certification, which shall be submitted to the address specified in section 109.2 of this Supervisory Procedure.

(3) The prescribed fees, which shall be submitted electronically together with the application. A schedule of fees and a list of acceptable forms of payment shall be available at the department's website as set forth in section 1.1 of Supervisory Policy G 1 of this Title. The fees shall consist of:

(i) an investigation fee in the amount, if any, specified in section 18-a of the Banking Law;

(ii) fingerprint processing fees collected by the State Division of Criminal Justice Services and/or the NMLSR; and

(iii) a processing fee charged by the NMLSR.

If the application is denied or withdrawn, none of these fees will be refunded.

(b) Execution. The application shall contain the acknowledgment and attestation of the applicant. If the applicant is a partnership, corporation, trust or other entity, the acknowledgment and attestation shall be made by a controlling member, authorized executive officer or trustee as applicable. A corporate applicant shall submit a copy of the corporate resolution authorizing the officer to execute the application on behalf of the corporation. Each person executing the application shall:

(1) certify that the superintendent will be promptly advised of any changes which may occur in the information furnished in the application subsequent to the date upon which the information was furnished; and

(2) affirm, under penalty of perjury, that such person has reviewed the application and that the application does not make any untrue statement of a material factor omit any material fact necessary in order that the application not be misleading.

If the application is executed outside of New York State, a county clerk's certificate authenticating the signatures of the notaries taking the acknowledgments must be affixed to the application.

(c) Additional information and in-person conferences. The superintendent reserves the right to require additional information in connection with the application. In the absence of a showing of undue hardship, the superintendent may also require that the applicant and any officers, directors and/or representatives of the applicant appear at the Banking Department for conferences. The applicant may submit any additional information it deems pertinent to the application.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 109.3