N.Y. Financial Services Law Section 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 Vehicle & Traffic Law § 415 (Registration of manufacturers, dealers, repairmen and others)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 General Business Law § 396-Z (Rental vehicle protections)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.

Source: Section 802 — Exemptions, https://www.­nysenate.­gov/legislation/laws/FIS/802 (updated Jan. 7, 2022; accessed Jan. 18, 2025).

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Accessed:
Jan. 18, 2025

Last modified:
Jan. 7, 2022

§ 802’s source at nysenate​.gov

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