N.Y. Financial Services Law § 104: Definitions

§ 104. Definitions. (a) In this chapter, unless the context otherwise

requires:

(1) "Department" shall mean the department of financial services.

(2) "Financial product or service" shall mean: (A) any financial

product or financial service offered or provided by any person regulated

or required to be regulated by the superintendent pursuant to the

banking law or the insurance law or any financial product or service

offered or sold to consumers except financial products or services: (i)

regulated under the exclusive jurisdiction of a federal agency or

authority, (ii) regulated for the purpose of consumer or investor

protection by any other state agency, state department or state public

authority, or (iii) where rules or regulations promulgated by the

superintendent on such financial product or service would be preempted

by federal law; and

(B) "Financial product or service" shall also not include the

following, when offered or provided by a provider of consumer goods or

services: (i) the extension of credit directly to a consumer

exclusively for the purpose of enabling that consumer to purchase such

consumer good or service directly from the seller, (ii) the collection

of debt arising from such credit, or (iii) the sale or conveyance of

such debt that is delinquent or otherwise in default.

(2-a) A "financial product or service regulated for the purpose of

consumer or investor protection": (A) shall include (i) any product or

service for which registration or licensing is required or for which the

offeror or provider is required to be registered or licensed by state

law, (ii) any product or service as to which provisions for consumer or

investor protection are specifically set forth for such product or

service by state statute or regulation and (iii) securities, commodities

and real property subject to the provisions of article twenty-three-a of

the general business law, and (B) shall not include products or services

solely subject to other general laws or regulations for the protection

of consumers or investors.

(3) "Person" shall mean any individual, partnership, corporation,

association or any other entity.

(4) "Regulated person" or "person regulated" shall mean any person (A)

operating under or required to operate under a license, registration,

certificate or authorization under the insurance law or the banking law,

(B) authorized, accredited, chartered or incorporated or possessing or

required to possess other similar status under the insurance law or the

banking law, or (C) regulated by the superintendent pursuant to this

chapter.

(5) "Superintendent" shall mean the superintendent of financial

services of this state.

(b) Whenever the terms "include", "including" or terms of similar

import appear in this chapter, unless the context requires otherwise,

such terms shall not be construed to imply the exclusion of any person,

class or thing not specifically included.

(c) A reference in this chapter to any other law or statute of this

state, or of any other jurisdiction, means such law or statute as

amended to the effective date of this chapter, and unless the context

otherwise requires, as amended thereafter.