New York Codes, Rules and Regulations
Title 23 - FINANCIAL SERVICES
Chapter I - Regulations of the Superintendent of Financial Services
Part 101 - BANKING DIVISION ASSESSMENTS
Section 101.1 - Background
Pursuant to the Financial Services Law (FSL), the former New York State Banking Department and the former New York State Insurance Department were consolidated on October 3, 2011 into the Department of Financial Services (Department). Prior to the consolidation, assessments of institutions subject to the Banking Law (Banking Law) were governed by former section 17 of the Banking Law. Effective October 3, 2011, assessments are governed solely by section 206 of the FSL. FSL section 206 provides that all expenses (including, but not limited to, compensation, lease costs and other overhead costs) of the department attributable to institutions subject to the Banking Law are to be charged to, and paid by, such regulated institutions (regulated entities). The superintendent is authorized to assess regulated entities for its total costs attributable to such institutions in such proportions as the superintendent shall deem just and reasonable. This regulation sets forth the basis for allocating such expenses among regulated entities and the process for making such assessments.