Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 14-A
Rate of interest; superintendent of financial services to adopt regulations
Banking (BNK) CHAPTER 2, ARTICLE 2
§ 14-a. Rate of interest; superintendent of financial services to
adopt regulations. 1. The maximum rate of interest provided for in
section 5-501 of the general obligations law shall be sixteen per centum
per annum.

2. The rate of interest as so prescribed under this section shall
include as interest any and all amounts paid or payable, directly or
indirectly, by any person, to or for the account of the lender in
consideration for the making of a loan or forbearance as defined by the
superintendent pursuant to subdivision three of this section.

3. The superintendent shall have the power to adopt such regulations
as the superintendent shall deem necessary or proper to implement the
provisions of this section. The superintendent shall make available to
the public copies of all regulations adopted pursuant to this section.

4. Such regulations as shall have been adopted pursuant to the
provisions of this chapter and in effect immediately prior to the
effective date of this section, shall continue in effect until such time
as new regulations shall have been adopted by the superintendent and
shall become effective.

5. Whenever reference is made in this chapter or in any other law,
contract or document to the rate of interest prescribed or to be
prescribed by the superintendent pursuant to this section or any former
section fourteen-a of this chapter, such reference shall be deemed a
reference to the rate of interest prescribed in subdivision one of this
section.

6. Notwithstanding the provisions of subdivision five of this section,
the rate of interest charged, taken or received on any loan or
forbearance, which would have otherwise been subject to the provisions
of former section fourteen-a of this chapter, made or entered into
between the effective date of this section and the first day of
February, nineteen hundred eighty-one pursuant to a commitment which was
made or entered into prior to the effective date of United States Public
Law 96-161 and which provides for interest at the prevailing rate at the
time of closing shall not exceed the rate of eleven and one-quarter per
centum per annum.

7. Nothing contained in this section nor in any other provision of
this act whereunder this section is added to the banking law shall be
deemed to prohibit the charging of interest at the rates provided or
permitted by United States Public Laws 96-161, 96-221 and 96-399, where
applicable.