Legislation

Search OpenLegislation Statutes
This entry was published on 2021-02-19
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 802
Exemptions
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 8
* § 802. Exemptions. This article shall not apply to, and shall not
place any additional requirements or obligations upon, any of the
following:

(a) a financial institution;

(b) a person acting in its capacity as a technology services provider,
such as licensing software and providing support services, to an entity
exempt under this section for use as part of the exempt entity's
commercial financing program, provided such person has no interest, or
arrangement or agreement to purchase any interest in the commercial
financing extended by the exempt entity in connection with such program;

(c) a lender regulated under the federal Farm Credit Act (12 U.S.C.
Sec. 2001 et seq.);

(d) a commercial financing transaction secured by real property;

(e) a lease as defined in section 2-A-103 of the uniform commercial
code;

(f) any person or provider who makes no more than five commercial
financing transactions in this state in a twelve-month period;

(g) an individual commercial financing transaction in an amount over
two million five hundred thousand dollars; or

(h) a commercial financing transaction in which the recipient is a
dealer as defined in section four hundred fifteen of the vehicle and
traffic law, or an affiliate of such a dealer, or a rental vehicle
company as defined in section three hundred ninety-six-z of the general
business law, or an affiliate of such a company pursuant to a commercial
financing agreement or commercial open-end credit plan of at least fifty
thousand dollars, including any commercial loan made pursuant to such a
commercial financing transaction.

* NB Effective January 1, 2022