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New York · Through 2026-09-11

N.Y. Banking Law § 38: Power of subpoena

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Where this section sits in the code
  1. Banking Law
  2. Article 2. Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers

§ 38. Power of subpoena. 1. The superintendent shall have power at all

times, either personally or by his deputies, including special deputy

superintendents, or examiners, to subpoena witnesses, to compel their

attendance, to administer an oath, to examine any person under oath and

to require the production of any relevant books or papers. Such

examination may be conducted on any subject relating to the duties

imposed upon, or the powers vested in, the superintendent under the

provisions of this chapter. Any corporation, association, partnership or

individual which fails to obey the command of a subpoena without

reasonable excuse or refuses, without reasonable cause, to be sworn or

to be examined or to answer a question or to produce a book or paper

when ordered so to do by the officer duly conducting such inquiry, or

fails to perform any act required hereunder to be performed, shall be

guilty of a misdemeanor and shall also be subject to the compulsions

provided by the civil practice law and rules. Any officer participating

in such inquiry and any person examined as a witness upon such inquiry

who shall disclose to any person other than the superintendent the name

of any witness examined or any other information obtained upon such

inquiry, except as directed by the superintendent, shall be guilty of a

misdemeanor.

2. In any such investigation before the superintendent or before his

deputy or any other officer duly designated by him to conduct such

investigation, the superintendent or such deputy or officer may confer

immunity in accordance with the provisions of section 50.20 of the

criminal procedure law.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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