New York § 408-A - 408-AUnlicensed activities prohibited

§ 408-A. 408-AUnlicensed activities prohibited

§ 408-a. Unlicensed activities prohibited. (a) For the purposes of this section, a "prohibited unlicensed act" shall mean: (1) engaging in an activity in this state for which a license, certification, registration, authorization, charter, accreditation or incorporation is required by this chapter or the banking law, or the regulations promulgated thereunder, without such license, certification, registration, authorization, charter, accreditation or incorporation or an exemption from such requirement; or (2) any act or omission by a person who is required by this chapter or the banking law, or the regulations promulgated thereunder, to be licensed, certified, registered, authorized, chartered, accredited or incorporated and is not so licensed, certified, registered, authorized, chartered, accredited or incorporated, or exempted from such requirement, if such act or omission would constitute a violation of this chapter or the banking law, or the regulations promulgated thereunder, subject to monetary penalty if such person were so licensed, certified, registered, authorized, chartered, accredited or incorporated. (b) In addition to any civil or criminal liability provided by law, the superintendent may, after notice and a hearing, levy a civil penalty for any prohibited unlicensed act as follows: (1) The penalty for a prohibited unlicensed act that relates to the requirements of the banking law or the regulations promulgated thereunder shall be the same as the penalty provided in section forty-four of the banking law for any violation of the banking law. (2) The penalty for a prohibited unlicensed act that relates to the requirements of this chapter or the regulations promulgated thereunder shall be the same as the penalty provided for in section four hundred eight of this article for violations of this chapter or the regulations promulgated thereunder. However, the superintendent shall not impose or collect any penalty for a prohibited unlicensed act pursuant to this paragraph if the superintendent imposes or collects any penalty pursuant to paragraph one of this subsection or paragraphs two or three of subsection (a) of section four hundred eight of this article for the same act or omission. (3) If a prohibited unlicensed act results in consumer harm, the penalty shall be not more than double the penalty amount applicable to such violation set forth in paragraphs one and two of this subsection. (c) Civil penalties received by the superintendent pursuant to this section shall be applied in the same manner as civil penalties received by the superintendent pursuant to section four hundred eight of this chapter. (d) In addition to any other penalty or sanction imposed upon a person by law for a prohibited unlicensed act, after notice and a hearing, the superintendent may issue an order directing such person to pay restitution for such unlicensed act.