N.Y. Financial Services Law § 802: Exemptions

§ 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.