Section 9-K. Sale of education loans  


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  • 1. "Banking institution" as used in
      this section shall mean and include all banks, trust companies,  savings
      banks,  savings and loan associations, credit unions and foreign banking
      corporations whether  incorporated,  chartered,  organized  or  licensed
      under the laws of this state or any other state or the United States.
        2. "Lender" as used in this section shall mean and include:
        (a)  a  national or state chartered bank, mutual savings bank, savings
      and loan association, or credit union that:
        (1) is subject to examination and supervision in  its  capacity  as  a
      lender  by  an  agency of the United States or of the state in which its
      principal place of operation is established; and
        (2) does not  make  or  hold  loans  to  students  under  the  federal
      guaranteed  student  loan  program  that total more than one-half of its
      consumer credit loan dollar volume, including home mortgages, unless  it
      is a bank that is wholly owned by a state; or
        (b)  a  pension  fund  as  defined in the federal employees retirement
      income security act; or
        (c)  an  insurance  company  that  is  subject  to   examination   and
      supervision by an agency of the United States or a state; or
        (d)  in  any  state,  a single agency of the state or a single private
      nonprofit agency designated by the state; or
        (e) for purposes only of purchasing and holding loans  made  by  other
      lenders  under  the federal guaranteed student loan program, the student
      loan marketing association or an agency of any state  functioning  as  a
      secondary market.
        3.  "Guaranteed education loan" as used in this section shall mean and
      include any loan made for the  purpose  of  financing  higher  education
      which  is  made  under the authority of Part B of Title IV of the Higher
      Education Act of 1965 as amended or under the authority of  section  six
      hundred eighty of the education law.
        4.  Whenever  a  banking  institution or other eligible lender as such
      terms are defined in this section sells a guaranteed education  loan  to
      another banking institution or eligible lender, such selling institution
      shall  notify  the borrower in writing within fifteen days of such sale.
      Such notice shall include the name and address of the institution  which
      has  purchased  such loan. The selling institution shall also notify the
      New York state higher education services corporation or other  guarantor
      of such sale.  Notice shall include:
        (a)  the  name  and address of the institution which has purchased the
      loan; and
        (b) the name, address and social security number of the  borrower  and
      the borrower's account number.