New Jersey Administrative Code
Title 3 - BANKING
Chapter 4 - DEPOSITORY INSTITUTIONS
Subchapter 4 - AGENTS OF FOREIGN BANKS
Section 3:4-4.7 - Emergency cases
Universal Citation: NJ Admin Code 3:4-4.7
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Commissioner may, in emergent cases, permit agents of a foreign bank to conduct activities in this State that would otherwise be prohibited by 3:4-4.3, subject to the following conditions:
1. The primary regulator of the
foreign bank shall verify to the Department that the bank presents no safety
and soundness or consumer protection concerns, and shall agree to notify the
Department promptly if such concerns develop during the time the agent is
engaging in activities in New Jersey;
2. The primary regulator of the foreign bank
shall agree to remain the primary regulator of the foreign bank;
3. The agent activities of the foreign bank
in this State are conducted pursuant to the regulatory law of the primary
regulator, including powers provisions, except that such activities shall be
subject to the general law of New Jersey, including, but not limited to theft,
fraud, and criminal law;
4. The
approval granted by the Commissioner shall be limited to a specified period,
not to exceed 180 days. If concluding agent activities within the specified
period would constitute a substantial hardship, the foreign bank may apply to
the Commissioner for one or more extensions not to exceed 180 days
each;
5. The foreign bank shall
agree that the Commissioner may withdraw the approval for cause, provided that
the primary regulator has been given notice of such cause and has not taken
effective action to correct it or otherwise address it satisfactorily;
and
6. The foreign bank shall agree
that the Commissioner shall have access to the institution and documents for
purposes of determining its compliance with the conditions for admission to the
State and whether there have been violations of general state law, provided
that the Commissioner has requested documents or information from the primary
regulator and has not received the same in a timely manner.
(b) Statements satisfying the conditions in (a) above shall be submitted in writing to the Commissioner as a basis for approval.
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