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Regulatory Activity - Banking Law

Regulatory Activity - Banking Law
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Notifications

Sign up to receive email notifications when proposed, revised, emergency, and adopted rules are posted to this website.

To be notified by postal mail or to receive copies of Department of Financial Services’ proposed, revised, emergency, and adopted rules, submit a request in writing, including your mailing address, to Regulation Notification Officer, Office of General Counsel, 20th Floor, New York State Department of Financial Services, New York, NY 10004. Written requests expire annually on December 31. Renewal requests for the following year may be submitted by mail on or after December 1.

Note: Unless noted otherwise, all documents available from this page are in PDF format.

Pre-Proposed Outreach

The following draft regulations are not currently in effect. The Department of Financial Services is considering whether to propose this regulation.

Before filing a proposed regulation for publication in the State Register for a formal comment period pursuant to the New York State Administrative Procedure Act, the Department provides a draft for review and comment by interested persons and the public, including, but not limited to, small businesses and local governments.

Unless otherwise noted, the comment period extends for 10 days from the date of posting. Comments about this proposed regulation can be addressed to the Agency Contact noted.

Updated 06/06/2023

Description and Documents Date Posted Outreach Comments Due By Agency Contact

No drafts are available at this time.

     

Proposed Regulations

The Department of Financial Services often proposes regulations addressing important policy considerations that have an impact on the interests of New Yorkers. It is important that every New Yorker with an interest have a fair and equal opportunity to provide feedback on a proposed regulation. To that end, and in compliance with the requirements of the State Administrative Procedure Act (SAPA), all proposed regulations are subject to at least one public comment period of at least 60 days

In the Department’s experience, some members of the public seek to have an additional opportunity to express their opinion on proposed regulation through attempted meetings, calls, or e-mails. The Department is concerned these attempts at additional opportunities to provide feedback on a proposed regulation may create the appearance that certain members of the public have an undue influence on the Department’s deliberation of a proposed regulation. To avoid any appearance of, or actual influence on, the Department’s deliberations, the Department wishes to clarify for the public that the Department will only accept feedback on a proposed regulation that is submitted in writing as part of the public comment process. Furthermore, the Department will not engage in meetings or discussions of a regulation after it is published for comment, barring extenuating circumstances as determined by the Department. The Department strongly discourages interested parties from reaching out to discuss a proposed regulation with the Department, whether in support or opposition to the proposal, outside of the written comment process. Feedback on a proposed regulation should be submitted in writing as part of the public comment process.

The Department encourages everyone interested in a proposed regulation to use the public comment period to submit a written comment on a proposed regulation. Comments can be submitted to the Agency Contact noted below. Questions regarding the content of a specific proposed regulation may also be sent via email to the listed Agency Contact.

The Department will carefully review all public comments and makes a determination on how to proceed with the proposed regulation.

The comment period extends for 60 days from the date of publication in the State Register.

Updated 04/05/2023

Description and Documents Date Filed with the Secretary of State Date Published in the State Register Public comment period expires Agency Contact

Indices Which May Be Used in Connection with Variable Rate Closed-End Personal Loans Made by Lending Institutions Pursuant to Part 33 or in Connection with Variable Rate Open-End Accounts Established by Banking Institutions Pursuant to Part 90 and Indices Which May Be Used in Connection with Part 80 Variable Rate Junior Mortgage Loans, Part 91 Variable Rate Installment Agreements and Part 92 Variable Rate Closed-End Retail Installment Contracts and Obligations

March 20, 2023 April 5, 2023 June 5, 2023 George Bogdan

Adopted on an Emergency Basis

Updated 06/14/2023

Adoption Date Filed with Secretary of State Date Published in the State Register Expiration Date Contact

Indices Which May Be Used in Connection with Variable Rate Closed-End Personal Loans Made by Lending Institutions Pursuant to Part 33 or in Connection with Variable Rate Open-End Accounts Established by Banking Institutions Pursuant to Part 90 and Indices Which May Be Used in Connection with Part 80 Variable Rate Junior Mortgage Loans, Part 91 Variable Rate Installment Agreements and Part 92 Variable Rate Closed-End Retail Installment Contracts and Obligations

June 14, 2023 July 5, 2023 August 12, 2023 George Bogdan

Final Adoptions

A final adopted regulation is a regulation that has been previously proposed and published, for which the public was afforded an opportunity to comment, and which DFS has adopted on a permanent basis. Final, adopted regulations may remain posted here for a limited time following adoption for the convenience of the public, but once adopted can always be accessed in the State Codes, Rules & Regulations (NYCRR) 

Effective 07/05/2023

Adoption (link and description) Effective Date

Indices Which May Be Used in Connection with Variable Rate Closed-End Personal Loans Made by Lending Institutions Pursuant to Part 33 or in Connection with Variable Rate Open-End Accounts Established by Banking Institutions Pursuant to Part 90 and Indices Which May Be Used in Connection with Part 80 Variable Rate Junior Mortgage Loans, Part 91 Variable Rate Installment Agreements and Part 92 Variable Rate Closed-End Retail Installment Contracts and Obligations

July 5, 2023

Elimination of Minimum Space Requirement for Check Casher Locations

June 21, 2023

Compliance with Community Reinvestment Act Requirements

February 8, 2023

Check Casher Fees

January 18, 2023

Superintendent’s Regulations: Information Subject to Confidential Treatment Under Section 36.10 of the Banking Law

April 7, 2021