Section 657. Payments to the fund  


Latest version.
  • In the event the fund has borrowed any
      monies from the property and liability insurance security fund  pursuant
      to  the  provisions  of section six hundred fifty-eight of this chapter,
      and has any debt outstanding thereto,  or  in  the  event  an  uninsured
      transmitter  of  money  is  declared,  or  declares itself, insolvent or
      defaults on its New York instruments, the fund shall levy an  assessment
      upon  each uninsured transmitter of money. The amount of such assessment
      shall be determined by the superintendent provided, however,  that  each
      uninsured  transmitter of money shall be assessed ratably, in proportion
      to the average of the dollar amounts of the New York instruments  issued
      by  such  uninsured  transmitter of money outstanding at the end of each
      calendar quarter for the calendar  year  preceding  that  in  which  the
      assessment  is  made,  and  provided,  further, that no such assessments
      shall be levied once the net value of the fund shall equal  such  amount
      as  the  superintendent shall have determined to be necessary to protect
      the interests of the purchasers and holders of New York instruments.  In
      making his determination, the superintendent shall consider the scope of
      the  risk  covered  by the fund, the expenses incurred or expected to be
      incurred by the fund, the amount of any loans and advances to the  fund,
      and the interest thereon.
        In no event shall the total amount so assessed in any one year against
      any  uninsured  transmitter of money pursuant to this section exceed two
      per centum of the New York instruments of such uninsured transmitter  of
      money  which  were outstanding at the end of the calendar year preceding
      that in which such assessments  are  made  or  one  hundred  twenty-five
      thousand  dollars, whichever is less. The net value of the fund shall be
      determined by deducting from the value of the assets  of  the  fund  the
      aggregate  actual and estimated liabilities of the fund as determined by
      the superintendent.