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This entry was published on 2014-09-22
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SECTION 6504
Required approvals; prohibitions
Insurance (ISC) CHAPTER 28, ARTICLE 65
§ 6504. Required approvals; prohibitions. (a) Every mortgage insurer
shall file with the superintendent for his approval in accordance with
article twenty-three of this chapter its premium rates, forms of
policies, certificates, applications and other forms pertaining to
mortgage guaranty insurance. The premium rate charged for mortgage
guaranty insurance shall not be deemed to be interest for the purposes
of section 5-501 of the general obligations law.

(b) No mortgage insurer shall pay:

(1) to any person who is acting as agent, representative, attorney or
employee of the owner, mortgagee of the prospective owner, or mortgagee
of the real property or any interest therein, either directly or
indirectly, any consideration as an inducement for or as compensation on
any mortgage guaranty insurance business; or

(2) any compensation to any person for transacting insurance for or
with it based in whole or in part upon a commission basis unless such
person is licensed pursuant to this chapter.

(c) In connection with the placement or renewal of any insurance, a
mortgage insurer shall not permit any compensation to be paid to, or
received by: any insured lender; any officer, director, or employee of
the insured; any member of their immediate family; any corporation,
partnership, trust, or trade association in which an insured is a
member; or other entity in which an insured or any such officer,
director, or employee or any member of their immediate family has a
financial interest; or any designee, trustee, nominee, or other agent or
representative of any of the foregoing.

(d) The superintendent may, after a hearing, suspend or revoke the
license of any mortgage insurer which, after ten days written notice
from the superintendent requiring it to cease and desist, continues to
pay any consideration in willful violation of this article.