N.Y. Banking Law § 18-a: Application fees

§ 18-a. Application fees. 1. The provisions of this section shall only

be applicable to applications for which a fee is authorized to be

imposed by any other provision of this chapter or regulations

promulgated thereunder.

2. The fees set forth in this section may be imposed notwithstanding

any fee amount set forth in any other provision of this chapter or the

regulations promulgated thereunder.

3. As used in this section, "applications" shall include notices and

similar filings.

4. The fee which shall be imposed for any application for an initial

license, registration, incorporation or for the formation of any other

entity pursuant to this chapter, or for a merger, acquisition, purchase

or sale of assets, change of control, or for any other application

requiring the approval of the superintendent that may necessitate, as

determined by the superintendent, a determination regarding the

character or fitness and/or the safety and soundness of such applicant

or a similar investigative undertaking by the department, shall be:

(a) twelve thousand five hundred dollars when such application relates

to a banking organization, bank holding company or, except as provided

in paragraph (b) of this subdivision, a foreign banking corporation;

(b) seven thousand five hundred dollars when such application relates

to licensing a branch, agency or representative office of a foreign

banking corporation;

(c) one thousand five hundred dollars when the application relates to

a mortgage broker; or

(d) three thousand dollars for all other such applications.

5. The fee for any other application requiring the approval of the

superintendent, including, but not limited to, any application required

to change the name of the applicant, open branches or offices or

additional locations, or relocate an existing branch, office, or

location, and any other application not subject to subdivision four of

this section, shall be:

(a) seven hundred fifty dollars when the application relates to a

banking organization, bank holding company, out-of-state state bank,

foreign credit union, or foreign banking corporation;

(b) two thousand dollars when the application relates to the licensing

of an additional location or change of location or the licensing of a

mobile unit of a licensed casher of checks; or

(c) five hundred dollars for all other such applications.

6. The superintendent, in his or her sole discretion, may waive or

reduce the amount of the fee to be imposed pursuant to this section,

either on a case-by-case basis or, by regulation, generally with respect

to a type of application, if the superintendent determines that:

(a) the payment of such fee would impose an economic hardship upon the

applicant;

(b) the amount of such fee is excessive with respect to the expenses

incurred by the department of financial services to investigate such

application; or

(c) such waiver or reduction (i) serves the interests of interstate

administrative reciprocity or multi-state regulatory cooperation; (ii)

facilitates the administration of the department of financial services;

or (iii) is otherwise appropriate.