§ 218. Supervision and reports. Such corporation shall be subject to the supervision, examination and control of the superintendent of financial services in the same manner as banking organizations are so supervised, examined and controlled by him pursuant to this chapter, and shall be examined by him annually, but such corporation shall not be deemed to be a banking organization nor be required to pay a fee for such an examination. Such corporation shall make an annual report of its condition to the governor, legislature and superintendent of financial services, on or before January first of each year.

Terms Used In N.Y. Banking Law 218

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.

Commencing January first, nineteen hundred eighty-six, such annual report shall contain but not be limited to the following:

a. information on the cost and sources of funds and capital and the total allowable maximum amount available from members, the maximum amount committed by each individual member, and the corporation's outstanding liabilities to members;

b. classification of firms in the corporation's portfolio by standard industrial code, including a breakdown of (i) size of firms by sales and number of employees, (ii) number and percentage of loans to manufacturing, service and wholesale businesses, and (iii) number and percentage of loans to traditional industries and to high technology firms within the manufacturing sector;

c. information on the types of financing provided by the corporation, including guaranteed loans, the size and term of loans, and a breakdown of investments by senior debt, subordinated debt and equity financings;

d. information on interest rates of loans, including percentage of fixed rate and variable rate loans;

e. information on the use of capital provided by the corporation, including number of working capital loans, loans to assist leveraged buyouts by employees, management or others, and secured mortgages for plant expansion or new production facilities;

f. information on how the corporation is fulfilling its mission to assist women and minority owned businesses;

g. information on resources and actions taken to advance the corporation's marketing program;

h. information on the corporation's regional offices, including a description of the volume of business and the nature of loan activity at each office;

i. information on the activities of the corporation's MESBIC; and

j. information on the corporation's pilot export financing program, including the number of firms serviced and the types of assistance provided.

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