N.Y. Personal Property Law Section 49-A
Statement to be filed by lenders upon assignment

1.

Every person, firm or corporation engaged in or seeking to engage in the business of lending money upon security of an assignment of, or of purchasing upon discount future or accrued earnings, shall file with the clerk of the county in which said person, firm or corporation has its place of business or transacts business a statement under oath containing the name and residence of the individual; or in case of a firm, the names and residences of the partners; or in the case of a corporation, the names and residences of the officers and directors, managers or trustees of such corporation; and the place or places where said business is transacted by such an individual, firm or corporation. It shall be unlawful to engage in the business of lending money in the manner set forth in this section without, prior to engaging in such business, filing a statement as provided in this section.

2.

The several county clerks of the state shall keep an alphabetical index of all persons, firms or corporations filing certificates provided for in this section; and for the indexing and filing of such certificates, the fee shall be as provided in the civil practice law and rules. A copy of such certificate, duly certified to by the county clerk in whose office the same was filed, shall be presumptive evidence of the facts contained therein in all courts of the state.

Source: Section 49-A — Statement to be filed by lenders upon assignment, https://www.nysenate.gov/legislation/laws/PEP/49-A (updated Sep. 22, 2014; accessed Feb. 15, 2025).

46
Definitions 46‑A
No implied repeal 46‑B
Assignments of future earnings collectible only as prescribed 46‑C
Formal requisites of assignments of less than one thousand dollars and of assignments securing certain guarantees amounting to fifteen hu... 46‑D
Guarantee of certain purchases secured by assignment of earnings 46‑E
Personal execution of assignment by assignor 46‑F
Limit on interest and other charges 47
Public filing of assignment before filing with employer 47‑A
Place of filing 47‑B
Filing, entering and indexing 47‑C
Refiling 47‑D
Cancellation of assignment 47‑E
Vacating of an assignment, by order of a court 48
Notice to be mailed to assignor prior to filing with employer 48‑A
Manner of collection 48‑B
Amount of exempt earnings 48‑C
Assignment of future earnings by person unemployed 48‑D
Payroll deductions not included 49
Certain provisions not applicable to banks, trust companies or credit unions 49‑A
Statement to be filed by lenders upon assignment

Accessed:
Feb. 15, 2025

Last modified:
Sep. 22, 2014

§ 49-A’s source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._personal_property_law_section_49-a

Original Source: Section 49-A — Statement to be filed by lenders upon assignment, https://www.nysenate.gov/legislation/laws/PEP/49-A (last accessed Aug. 20, 2023).